Also known as: stouthrieff · robbery · violent theft
Written by attorneys — see sources below.
A form of robbery occurring in or near the victim's dwelling without any housebreaking. The offense requires the same elements of taking personal property from the victim's presence by force or intimidation with intent to permanently deprive as other robberies. It is distinguished solely by its location near the dwelling and the absence of breaking and entering.
Seth Shapiro concealed a crate of tools inside his truck parked beside his cottage. When Stella Shapiro noticed and grabbed the side of the truck, Seth steered sharply toward a ditch to keep her from recovering the crate. The force occurred immediately after the taking while Stella remained near the dwelling entrance.
Sabrina Shah grabbed a neighbor's toolbox from the porch of her cottage and fled toward the road. When Scott Summers pursued her, Sabrina threatened to inject a lethal dose into a nearby resident unless he stopped. The threat occurred in the course of committing the theft near the dwelling.
Sasha Stone was acquitted of taking cash from a victim on the porch of a cottage after identity was the sole contested issue. Prosecutors then sought to charge her with stouthrief for taking similar cash from a second victim at the same dwelling during the identical episode. Collateral estoppel bars the second prosecution.
Simone Sanders and an accomplice entered the yard of a cottage to steal equipment. When an elderly resident blocked the path, Simone injected a large unauthorized sedative causing respiratory arrest and death. The homicide occurred during the commission of the robbery near the dwelling.
A defendant convicted of stouthrief near a cottage received a life sentence without parole for a nonviolent taking. The sentence was grossly disproportionate to the offense given the absence of violence or serious injury. The court invalidated the punishment under the Eighth Amendment.
In 1964, 1966, and 1969 Jerry Helm was convicted in South Dakota of third-degree burglary. In 1972 he was convicted of obtaining money under false pretenses, in 1973 of grand larceny, and in 1975 of third-offense driving while intoxicated. All six offenses were nonviolent and alcohol contributed to each. In 1979 Helm was charged with uttering a no-account check for $100. He told the trial court he had been drinking in Sioux Falls, ended up in Rapid City with more money than he started with, and did not remember the incident, then pleaded guilty. Because he had three prior felony convictions in addition to the principal felony, the South Dakota Circuit Court sentenced him to life imprisonment without possibility of parole under the recidivist statute. The South Dakota Supreme Court affirmed the sentence in a 3-2 decision. After Helm served two years, he asked the Governor to commute the sentence so he could become eligible for parole after serving three-fourths of a fixed term; the Governor denied the request in May 1981. Helm filed a habeas corpus petition in the United States District Court for the District of South Dakota, which denied relief. The United States Court of Appeals for the Eighth Circuit reversed. The Supreme Court granted certiorari to consider the Eighth Amendment question.
View casePolice arrested a suspect at her cottage for committing stouthrief by taking property from a neighbor's porch by threat. Officers questioned her in custody without advising her of rights to silence and counsel. Any resulting statements are inadmissible at trial.
In March 1963 Ernesto Miranda was arrested at his home in Phoenix and taken to the police station where he was identified by the complaining witness. He was then questioned by two officers in Interrogation Room No. 2 for two hours. The officers did not advise him of any right to counsel. Miranda signed a typed confession that was introduced at his trial for kidnapping and rape. On October 14 1960 Michael Vignera was arrested in connection with a Brooklyn robbery. He was taken first to the 17th Detective Squad headquarters in Manhattan and later to the 66th Detective Squad. A detective questioned him for several hours without any advice concerning counsel. Vignera made an oral admission. He was then questioned by an assistant district attorney whose transcribed statement was also introduced at his trial for first-degree robbery. On March 20 1963 Carl Calvin Westover was arrested by Kansas City police as a suspect in two local robberies. Kansas City police interrogated Westover on the night of his arrest. The next day local officers interrogated him again throughout the morning. Westover was then turned over to FBI agents who questioned him for two to two-and-a-half hours about California robberies and obtained signed confessions. At the time the FBI agents began questioning Westover he had been in custody for over fourteen hours. On January 31 1963 Roy Allen Stewart was arrested at his home in connection with a series of purse-snatch robberies. During the next five days police interrogated Stewart on nine different occasions without any advice of rights. On the ninth session Stewart confessed. Transcripts of the interrogations were introduced at his trial for kidnapping rape and murder. The Arizona Supreme Court affirmed Miranda's conviction. The New York courts affirmed Vignera's conviction. The Ninth Circuit affirmed Westover's conviction. The California Supreme Court reversed Stewart's conviction. The Supreme Court granted certiorari in the four cases and consolidated them for argument.
View caseStouthrief requires the same elements of taking, presence, force or intimidation, and intent to permanently deprive. It is limited to robberies occurring in or near the victim's dwelling without housebreaking. The location near the dwelling supplies the distinguishing feature.
…defendant’s constitutional rights were not violated. In Vignera v. New York , the defendant was arrested in connection with a robbery. He was taken to the 17th Detective Squad headquarters in Manhattan where he was interrogated for several hours. He was not advised of his right to counsel. A detective testified that the…