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Old 12-08-2011, 09:02   #1
Ghost46
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Question?

Hey folks just a question about a scenario that happens quite often in a certain part of town.

Lets say you're walking out of a convenience store and a "gentleman" approaches you and says "give me five dollars". You say no or just ignore him.He says it again following you to your vehicle.
In some states is that considered attempted robbery?Can I shoot him upside his nappy head or at least smack him? (I'm joking about shooting his nappy head )

Seriously though,I often wondered if that could be attempted robbery?


Thanks for any replies and for your service!
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Old 12-08-2011, 09:38   #2
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If there are no cameras to capture the event and only one left to tell the tale then it was most certianly an attempted strong arm robbery
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Old 12-08-2011, 11:10   #3
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generally speaking....

the statement "give me five dollars" is not a crime itself (unless he's holding a gun or knife).

you need the threat part.

so when he says "give me five dollars" you need to reply with "and if I don't?".

his answer to that question will determine many things, including if a robbery is actually taking place.

Last edited by packsaddle; 12-08-2011 at 11:12..
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Old 12-08-2011, 11:36   #4
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As others said, without a threat, weapon, physical contact etc, Joe the Bag Man isn't doing anything illegal.


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Old 12-08-2011, 12:27   #5
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Quote:
Originally Posted by dbcooper View Post
If there are no cameras to capture the event and only one left to tell the tale then it was most certianly an attempted strong arm robbery

Quote:
Originally Posted by packsaddle View Post
generally speaking....

the statement "give me five dollars" is not a crime itself (unless he's holding a gun or knife).

you need the threat part.

so when he says "give me five dollars" you need to reply with "and if I don't?".

his answer to that question will determine many things, including if a robbery is actually taking place.
I will ask that next time.I usually just ignore them unless they keep asking then I answer them with a no!
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As others said, without a threat, weapon, physical contact etc, Joe the Bag Man isn't doing anything illegal.


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I would think its panhandling at least?No?


They don't harass me to much.I'm a big fella but that's not why they don't harass me.I'm ugly as all get out so I guess I scare them off with my looks!


Thanks guys for the replies and once again thank you for your service!

Last edited by Ghost46; 12-08-2011 at 12:27..
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Old 12-08-2011, 14:15   #6
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No crime, the way you presented it. He gets more agressive, then that could change.
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Old 12-08-2011, 14:33   #7
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Robbery is taking property by force or fear. Unless he presents or simulates a weapon, or makes a threat that reasonably puts you in fear, it is not attempted robbery. At the most it could violate a local ordinance prohibiting aggressive panhandling. Best to just leave, get a block down the street and call the police so they can go over and jam the guy up. The store clerk will probably say yes when the officer asks if he wants the guy to leave the property. If he doesn't, they can hook him for trespassing.

At least that's how we do it here. Pretty common, unfortunately.
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Old 12-08-2011, 14:47   #8
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Originally Posted by ateamer View Post
Robbery is taking property by force or fear. Unless he presents or simulates a weapon, or makes a threat that reasonably puts you in fear, it is not attempted robbery. At the most it could violate a local ordinance prohibiting aggressive panhandling. Best to just leave, get a block down the street and call the police so they can go over and jam the guy up. The store clerk will probably say yes when the officer asks if he wants the guy to leave the property. If he doesn't, they can hook him for trespassing.

At least that's how we do it here. Pretty common, unfortunately.
This.
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Old 12-08-2011, 15:21   #9
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One thing to remember with force. ESP deady force. Its the last resort. You MUST avoid using force if possible.
I have been Panhandled where threat of force was made. My response was verbal. A suggestion they move out of my way. A hr later, two blocks away, I was helping load them into the back of a squad car. (after infrorming the Officer what weapons I knew they had)
I must admit that .357mag was a comforting weight.
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Old 12-08-2011, 16:11   #10
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We have an aggressive panhandler ordinance that is arrestable. Yay!
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Old 12-08-2011, 19:25   #11
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Open Carry will cause the panhandler to defecate upon seeing you. Problem solved.

Buy some steal toe Croc's. Not only will you by stylin' - you will have deadly ninja gator kicks.

Last edited by Sharky7; 12-08-2011 at 19:26..
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Old 12-08-2011, 19:29   #12
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Quote:
Originally Posted by ateamer View Post
Robbery is taking property by force or fear. Unless he presents or simulates a weapon, or makes a threat that reasonably puts you in fear, it is not attempted robbery. At the most it could violate a local ordinance prohibiting aggressive panhandling. Best to just leave, get a block down the street and call the police so they can go over and jam the guy up. The store clerk will probably say yes when the officer asks if he wants the guy to leave the property. If he doesn't, they can hook him for trespassing.

At least that's how we do it here. Pretty common, unfortunately.
Yup you call it in and the local PD will have a good reason to contact him and most likely a PI or loitering charge will get him out of the area for a few days.
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Old 12-08-2011, 21:47   #13
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Quote:
Originally Posted by Sharky7 View Post
Open Carry will cause the panhandler to defecate upon seeing you. Problem solved.

Buy some steal toe Croc's. Not only will you by stylin' - you will have deadly ninja gator kicks.
Are you making fun of my Crocs?

Dear Santa, I would like those steel toed Crocs. In red. Size 7 and a half. Because Deadly Ninja Gator Kicks are cool...

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Old 12-09-2011, 09:37   #14
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Quote:
Originally Posted by Sharky7 View Post
Open Carry will cause the panhandler to defecate upon seeing you. Problem solved.

Buy some steal toe Croc's. Not only will you by stylin' - you will have deadly ninja gator kicks.
No open carry here.And I'd rather conceal even if we did have open carry.

What is a Croc?Boots?
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Yup you call it in and the local PD will have a good reason to contact him and most likely a PI or loitering charge will get him out of the area for a few days.
Walked out last week after buying some soda they had on sale and some nappy headed bum was bugging this old lady about giving him $5 then it was "just some change then".She looked scared so I asked the guy to quit harassing her and if he didn't I would call the police on him.He looked at me like I just took his birthday away.
At least he stopped bugging the lady.Sometimes I feel like palming their heads and tossing them in the trash but I'd probably go to jail and all.

Last edited by Ghost46; 12-09-2011 at 09:38..
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Old 12-09-2011, 09:48   #15
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"sorry bro, gave my last $5 to a bum outside."

Situational awareness should pop right to the top. Tell them no. If they bother you again say it again in a way that the clerk or others will hear you telling them to leave you alone.
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Old 12-09-2011, 10:09   #16
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Yeah, strong arm robbery here is the use of force or threatened use of force to take property. Armed robbery is taking property with the use or threatened use of a weapon. Absent those two, it's not a robbery. Call the police though. We do like to know who they are and that they are getting aggressive.
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Old 12-09-2011, 10:14   #17
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We have an aggressive panhandler ordinance that is arrestable. Yay!
Here any panhandling is an arrestable offense. That coupled with our open container ordinance and sleeping ordinance, makes town pretty unfriendly towards the homeless. Yet they flock here anyways.

To the OP depending on where you live panhandling, may or may not be a criminal offense.
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Old 12-09-2011, 14:58   #18
ateamer
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Any officer enforcing panhandling statutes should make himself familiar with the US Supreme Court case dealing with begging: Loper vs. NYPD. It's from about 20 years ago and essentially says that peaceful begging is lawful.
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Old 12-09-2011, 19:47   #19
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"I don't have anything for you" the first time.

"Get the **** away from me" in a loud and firm voice the second time.

Haven't gotten to three...yet.
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Old 12-09-2011, 20:10   #20
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No thank you.

"No thank you" works for me.
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