This blog outlines statutory elements as well as the penalties enumerated for these offense. THEFT FIRST AND SECOND DEGREES Theft in DC is generally defined as wrongful possession and control over property belonging to others. Specifically, one commits theft by wrongfully obtaining or using property belonging to others with intent to either deprive the owner of a right or the benefit of the property, or to exercise control and appropriate the property for his own use or a third party – still depriving the owner the use of his/her property. Wrongful obtaining and using is statutorily defined as: Taking/exercising dominion
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Monthly Archives September 2016
RECENT COURT OF APPEALS’ DECISION: INEVITABLE DISCOVERY DOCTRINE
In NYIA GORE v. U.S., decided on August 18, 2016, the DC Court of Appeals reversed and remanded for destruction of property as the trial court should have granted the appellant’s motion to suppression evidence based on 4th Amendment violations. The facts of the case stemmed from a domestic dispute where the appellant’s boyfriend complained of the appellant destroying his property inside a motel room that they shared. Officers responded to the scene and upon questioning the appellant and without express consent of the appellant entered the room searched and recovered destroyed property and consequently charged the appellant. The appellant’s
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