Legal Case Study: Robert Crook Robbing a Gas Station

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Introduction On or about May 9, 2012, Robert Crook robbed a gas station near his home Mr. Crook used a BB gun that looks like a real gun Mr. Crook took a total of $130.00 during the robbery Mr. Crook was not disguised and thinks that the attendant could identify him Police officers came to Mr. Crook's office the morning of May 10, 2012 Mr. Crook's 13 year old nephew was alone in the apartment when the officers entered The officers searched the apartment (Mr. Crook does not know if the nephew gave permission) and found the BB gun used in the robbery Issues Does Mr. Crook's use of a BB gun during a robbery help determine how he would be charged? Does the amount taken ($130) determine how Mr. Crook will be charged? Is the search of the apartment valid if the nephew gave consent? Is the search of the apartment valid if the nephew did not give consent? Use of BB Gun in Armed Robbery BB guns are not firearms because they do "not expel a projective by the action of an explosion" However, a BB gun may be a deadly weapon Whether a BB gun is a deadly weapon depends upon how it is used If the victim believed the BB gun was a real gun, that might be enough to support an armed robbery conviction. Does the Amount Stolen Matter in an Armed Robbery? Generally, the amount stolen in a robbery does not impact the level of charges Armed robbery depends upon the use of force, not the amount stolen Unlike other theft charges, which are value-dependent, armed robbery focuses

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