What is larceny vs theft? And what are the wiretap warrant requirements in surveillance?
Crimes relating to the forceful confiscation of someone’s property involve different levels of severity. Some may be serious whereas some may involve elements of petty thefts in it. The different types of property offenses include larceny, theft, extortion, robbery, etc.
Amongst these offenses, the ones which are often considered synonyms are larceny and theft. What are the differences between larceny vs theft? They may have a similar level of crime but have plenty of distinctive elements.
Larceny
Larceny is a crime that involves the forceful or illegal procurement of the personal property of a person or a business establishment. In its nature, larceny is a more serious crime than theft, and crimes that fall under the category of larceny are often rewarded with the charge of a felony.
Other than its general meaning, some states or areas would have different variants for larceny. Some would have a serious note of the committed crime whereas others would consider the general landscape.
Some common larceny crimes include:
Stealing another person’s owned property
Cheating and taking services
Credit card frauds
Shoplifting and many more
On a broad basis, for a crime to fall under the category of larceny, the below-mentioned conditions must be met:
Illegal control and capture over someones’ property
Handling the property without the consent of the original owner
Stealing the property to permanently deprive the owner of its property
In some cases, when a bank procures the material and documents of your property, it does not fall under larceny. Since the owner and the bank had an agreement of consent relating to the matters of the property, the bank’s control over the property cannot be called larceny.
No confiscation which has an abounding legal agreement and carries certain terms and conditions cannot be larceny. Any illegal control over the property, done to harm the owner, financially, emotionally, and physically can be termed larceny.
Theft
Theft or robbery is stealing or taking possession of someone else’s property without his or her consent. In its general sense, theft is similar to larceny. For a crime that falls under the umbrella of theft, the rewarding punishment is considered a misdemeanor.
One of the distinctive features of theft is that it could lead to violent exchanges between the involved parties. If the thief is stealing someone’s property in the physical presence of the owner, there are chances they may encounter each other. Thefts of this nature are dealt with seriousness and their punishments may fall under a felony.
Some examples of thefts are:
Identity theft
Stealing property and personal items and more
The meaning of theft may differ from state to state. Some states would have serious laws for the control and punishment of thefts whereas some areas would involve a fine and an apology.
Wiretap warrant requirement in surveillance
Surveillance in its part is defined as the accession of a medium or item of communication between parties of interest. The information shared through the mediums can differ from being serious, illegal, and to some extent, harmful to the masses.
Wiretap is one form of surveillance where the telephonic wires of the involved parties are tapped. The motive of a wiretap is to record the conversations of the parties, which are deemed to be harmful in general conscience.
For a government entity to conduct wiretap surveillance and investigation, there are certain conditions. Be it a state or federal government, wiretap warrant requirements must be procured after conducting legal wiretap surveillance. These requirements may defer from case to case but the general ones are:
The case has all the facts that establish that the mentioned cause exists and a particular crime of importance is or will be planned
A statement or reasoning to believe that the recorded communications are in lines with the matter which will be investigated
A descriptive note of the matters investigated in the past and the results for the same
In some states, some wiretap warrant requirements may require applying to the court.
Conclusion
Understanding the difference between larceny vs theft can help you investigate easily. A crime committed of any nature invites a certain degree of punishment. Getting the proper legal consultation and having a general sense of the constitutional elements can help you in the long run.
