CPC for taxi ride theft

[Blackavar]

Had a customer walk away from a cab and disappear. The cabi wanted prosecution. We originally cut the paper for a muni code but came to find we don't have one like we thought we did. Looking through the penal code we were hard pressed to find one that fit the bill. Was looking for something like 537 but that doesn't apply. There was cpc for theft of public services but not private. Thoughts?

[LA DEP]

We usually just used petty theft if under $400.......would have to be a PP arrest though....

[Mabbottusmc]

petty theft should work.

[Mabbottusmc]

(a) When the money, labor, or real or personal property taken is
of a value exceeding four hundred dollars ($400), except as provided
in subdivision (b).


The labor part

[Mabbottusmc]

that's the def. for grand theft, same thing but under $400 for petty. I'm sure u knew that but just putting that out.

[sgttom]

petty theft..

[Kieth M.]

Go to your PC index, look for defrauding a "hack" "livery driver" words similar to horses, etc. I think we used those, too, they were left over from a hundred years+ or so. I may be wrong. I think, overall, we used the misd. 484 section on a PPA.

And BTW, if you read all the 487, grand theft subsections, you'll see that many things which could be priced under $400, are always grand theft: all guns, junk cars, horses, sheep, cows, pigs.

[LeeRoy]

The 484(a) PC theft of labor can apply. I think you have a burden to prove the bad guy intended not to pay when he got in the cab. If he makes a decision not to pay sometime after the ride starts you might have a civil matter. For example if I get in a cab and decide the service I received was not sufficient, for example the cabbie was driving unsafely, why should I have to pay him? Wouldn't that be a civil matter?

I think a consciousness of guilt indicator would be fleeing the cabbie into the night or explaining to the cabbie that you weren't going to pay. These are things you'd want to make sure you document so you can help the D.A. prove the offense at trial.

My old city had an infraction section for failing to pay the indicated amount on the meter when a ride ended. That made for much less hassle when dealing with the drunk who didn't have enough money to pay for his cab ride home. I typically told the cabbie that if he subsequently received payment from the violator later and didn't want to pursue prosecution I'd dismiss the citation.

[Blackavar]

We thought we had a muni code too but ended up not. I am not convinced the labor section would fly or apply here. I am thinking it is more a theft of services. Am I splitting hairs? Maybe. But sometimes we have to think like a lawyer.

[LA DEP]

Something to consider on the charge....is the DA even going to file it?......most (like around 85%+) of our PP arrests were automatic DA rejects with the court I had to deal with......unless the vic had an uninvolved/unbiased witness that would testify for them....

[ElDiabloJoe]

Hey, the taxi enforcement guys from OCTA did a speech at So Ops briefing back in October. One of the Sgts oughta be able to scour the briefing room for the handout with all the applicable sections, the handouts are probably still stacked in a pile in there somewhere.

HTH,

EDJ

[Blackavar]

LA Dep, probably not. However, I am sure you know we don't write reports based on what the DA will file on....unfortunately. It would save us a lot of work.

EDJ, thanks. I'll hit up some friends. Also, I will be available after April 24th.

[LA DEP]

One other alternative would be to go to your filing DA/CA and see what they want on the C-line.......

I know we have to write what the 'customers' want, but we always mentioned the civil liability part to them....if they make the arrest, and the DA refuses to file, the other party can (and has won in the same court) sue for false arrest, harrassment ect......not fair, but it was the reality in that court area

[ElDiabloJoe]

One other alternative would be to go to your filing DA/CA and see what they want on the C-line...Translation for Blackavar and any other non-LASD Dep: C-line is the Classification Line. It's where you write in what you are charges you are alleging occurred in the report.

Always glad to be of service :D

PS- Copy That, after April 24.

EDJ

[LA DEP]

EDJ,

Thanks for updating that......I was tired and about to log off....got lazy....

[DOAcop38]

uhhhh, "537(b)PC"??? I dunno, but it works at the airport,where this kind a crap happens all the time-usually by some 3rd rate ticket purchaser from the cheapo "public bus" type airlines, recent parolee flying home,or drunk/ doped up college punks who think "stiffing" the taix driver is funny! The drivers want their money,and sometimes,they'll take what is considered the "value" of the fair-ala suspects watch,jewelry,luggage in exchange- provided its agreed upon by suspect,in lieu of arrest.....

[Blackavar]

Nevermind.

[Garbage Man]

537 (e) defrauding an Innkeeper is what we have always used. Its essentially theft of services section.

[cstelz]

537(b) might work, but I think 488 is more appropriate for fares under $400.

I've charged 488, after a PPA, and the suspect plead guilty.