Texas Association of Vehicle Theft Investigators
IAATI - S. Central Regional Chapter
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TAVTI/SCRC Texas Association of Vehicle Theft Investigators IAATI - S. Central Regional Chapter |
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SCRC/TAVTI POSTS CALL FOR EXECUTIVE DIRECTOR POSITION
The TAVTI Board of Directors has deemed it necessary to re-establish the position of SCRC Executive Director. This position is being offered to ex-officio members only, as per the SCRC/TAVTI Constitution & By-Laws, which reads, "The position of Executive Director was established to solve the lack of continuity of the business of the Association and its Board of Directors from year to year. The Executive Director shall attend to the general business of the Association. This position is primarily an advisory position, in which the Executive Director will lend his/her experience to the Board of Directors. The specific duties of the Executive Director shall be determined by the Board of Directors, but may include budgeting and implementation of Association programs. Nominees should possess any and all other skills that may be required by the President and the Board of Directors to successfully complete the tasks required of the position. If the position is to be filled, it must be publicized to membership, and nominees shall submit a resume to the Board of Directors. The Executive Director will be appointed by a majority vote of the Board of Directors. The Executive Director shall serve at the whim and direction of the Board and shall have no definite term of office, except as determined by the Board. The Executive Director will be an ex-officio member of the Board of Directors, but will have no voting power.” Please submit your resume by August 18, 2008 to: TAVTI/SCRC, P.O. Box 1739, Lubbock, TX, 79408.
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80TH TEXAS LEGISLATURE
IMPACTS VEHICLE CRIMES
The 80th Legislative Session saw the passing of SB807, HB1887 and HB3225. SB807 expanded the scope of the Texas Automobile Theft Prevention Authority to include automobile burglary prevention and investigation. As a result, the agency is now known as the Texas Automobile Burglary and Theft Prevention Authority.
HB1887 amended the Penal Code by making the offense of burglary of a vehicle punishable as a state jail felony if the defendant has been previously convicted two or more times of burglary of a vehicle.
HB3225 specifically defines "motor vehicle."
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RULING PROTECTS LAW ENFORCEMENT INVOLVED IN CHASES
By Bill
Mears
CNN Washington Bureau
WASHINGTON (CNN) -- The U.S. Supreme Court on Monday gave
police officers significant protection from lawsuits by suspects who lead them
on car chases.
The justices ruled 8-1 against Georgia teenager Victor Harris, who was left a
quadriplegic after a police vehicle rammed his car off the road in 2001. A
police officer used "reasonable force" when ramming the teen's speeding car, the
high court ruled. A videotape of the pursuit played a key role in the decision.
"The car chase that [Harris] initiated in this case posed substantial and
immediate risk of serious physical injury to others," Justice Antonin Scalia
wrote for the majority. "[Deputy Timothy] Scott's attempt to terminate the chase
by forcing [Harris] off the road was reasonable." The 11th U.S. Circuit Court of
Appeals had ruled that Harris' lawsuit against the deputy could go forward. The
justices overturned the lower court ruling, meaning the suit can be dismissed.
Eight of the nine justices said they had closely viewed the videotape of the
six-minute nighttime chase. It was taken from the dashboard of Scott's car and
from the vehicle of another deputy from a neighboring county. Similar
pursuits have been aired, sometimes live, on many cable and broadcast television
stations, and entire programs have been built around such incidents, such as
"World's Wildest Police Chases."
TAPE FASCINATES JUSTICES
The tape seemed to fascinate some of the justices. Scalia referred to the videotape repeatedly in his opinion, calling it a "wrinkle" that clearly swayed the bench. Departing from the lower court's conclusions, Scalia wrote, "The videotape tells a different story." He continued, "Far from being the cautious and controlled driver the lower court depicts, what we see on the video more closely resembles a Hollywood-style car chase of the most frightening sort, placing police officers and innocent bystanders alike at greater risk of serious injury."
Harris, 19 at the time, was driving on a suspended license, when he refused to pull over for speeding. The police video shows him accelerating at speeds more than 100 mph, leading officers across two counties outside Atlanta. He can be seen crossing the double yellow line on the road to pass about three dozen cars. At one point, Harris is shown pulling into a shopping center parking lot, with Scott, a Coweta County deputy, and two colleagues trying to block him. Harris then hits Scott's vehicle while fleeing. The officer radios his supervisor, requesting permission to use potentially deadly force to stop Harris.
"Let me have him, my car's already tore up," Scott says on the tape.
POLICE TACTICS DESCRIBED
The supervisor gives permission for the PIT maneuver -- precision intervention technique -- which involves the police car tapping the pursued vehicle at an angle so that it spins out. "Go ahead and take him out," the supervisor orders. But Scott later said Harris was going too fast and he was worried about other drivers on the road, so the officer rammed the escaping Cadillac directly with his push bumper, causing it to go airborne down an embankment and crash.
Now 25, Harris resides at an assisted-living facility. He refused an interview to discuss the case, as did Scott. In previous testimony, Harris said he was scared when officers first turned on their sirens and that he did not want his car impounded. "[Harris'] version of events is so utterly discredited by the record that no reasonable jury could have believed him," Scalia said. "The Court of Appeals should not have relied on such visible fiction; it should have viewed the facts in the light depicted by the videotape."
The lone dissenter was Justice John Paul Stevens, who made his views known in a rare oral summary during Monday's public session. He said the other justices got carried away by the tape. "I can only conclude that my colleagues were unduly frightened by two or three images on the tape," Stevens noted. The justice said it was not clear the chase threatened the lives of other citizens since the roads were mostly empty. "The risk inherent in justifying unwarranted police conduct on the basis of unfounded assumptions are unacceptable, particularly when less dramatic measures ... could have avoided such a tragic result," he cautioned.
FIRST CASE ON CAR CHASES
It was the first time the high court has heard a case involving police chases, and federal appeals courts have been split on the issue. Under generally applied Supreme Court precedents, an officer must show a suspect poses a "significant threat of death or serious physical injury to the officer or others" before using deadly force. And other federal courts have said officers can be stripped of qualified immunity from lawsuits if every "reasonable" law enforcement official would have known his actions were violating clearly established law.
Law enforcement groups argued a ruling against Scott would hamstring every police official, who often would have to make split-second decisions about whether to wait until someone gets hurt -- including innocent victims or the officer himself -- before they could stop escaping motorists. Legal analysts said it was not surprising the conservative court under Chief Justice John Roberts was inclined to give officers the kind of discretion they have sought, particularly since 9/11. "Nobody is going to suddenly say its OK to use deadly force against a fleeing felon who poses no threat to society," said Edward Lazarus, a Supreme Court legal analyst. "They're just going to say, I think, that a speeding car going down a two-lane road at 100 mph is, in and of itself, necessarily a danger."
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NICB AND EXPERIAN TEAM TO FIGHT
VIN CLONING
Des Plaines and Schaumburg, Ill., April 18, 2007 – The National Insurance Crime Bureau (NICB) today announced that it has teamed with Experian Automotive, a division of global information solutions company Experian® Inc., to use its AutoCheck vehicle history reporting solution to help identify and recover vehicles stolen and resold through VIN cloning scams.
VIN cloning, which involves using a vehicle identification number (VIN) from a legally owned vehicle and then reusing it on a similar, though stolen vehicle, is a rising problem in the automotive market. According to the NICB, the reported number of incidents of VIN cloning in the United States has steadily risen since 2001, accounting for more than $36 million in fraudulent vehicle transactions. “Basically what you’re looking at is identity theft for vehicles,” said Robert M. Bryant, President and Chief Executive Officer of NICB. “And, just as you would look to the specific, historic information on an individual to identify and verify their true identity, the same needs to be done for a vehicle.”
NICB is now working with Experian Automotive to use its AutoCheck vehicle history reports, which pull from a National Vehicle Database of more than half a billion vehicles, to check thousands of suspect VINs to identify those most likely being used in VIN cloning scams. NICB then investigates the suspect VINs with law enforcement agencies to recover the stolen vehicles. AutoCheck vehicle history reports reveal factors like concurrent registrations in a vehicle’s history that would signal a potential VIN cloning situation.
National Insurance Crime Bureau Partners with Experian Automotive to Fight VIN Cloning
“Experian Automotive has the historic information and the expertise to use it to help our investigators and law enforcement quickly identify and recover these stolen vehicles that have false VINs,” said Bryant. “Having this information is critical to conducting more effective investigations and protecting consumers from being taken in by this scam in the future.”
When a VIN is verified as being cloned, AutoCheck will specifically flag the vehicle’s history report with a cloned designation--the first service of its kind in the industry. Additionally, Experian Automotive will work with individuals whose vehicle’s VIN has been identified as cloned to remove the false vehicle history information from their vehicle history report. NICB will also provide MCO (Manufacturer Certificate of Origin) information and Vehicle Examination records which will be integrated into the AutoCheck report, providing manufacturer verification on a vehicle’s true VIN, as well as specific information on the condition of stolen vehicles recovered by the NICB.
“Vehicle history reporting is continuing to prove itself as an invaluable resource for both education and protection,” said Scott Waldron, President of Experian Automotive. “Our partnering with NICB, its investigators and law enforcement is a great example of the variety of ways that vehicle history reporting helps consumers guard against purchasing a damaged or stolen vehicle, as well as keeps the identity of their own vehicles safe.”
For more information on VIN cloning, please visit www.nicb.org. For more on AutoCheck vehicle history reports, please visit www.autocheck.com.
About the National Insurance Crime Bureau
The National Insurance Crime Bureau is the nation's leading not-for-profit organization exclusively dedicated to preventing, detecting and defeating insurance fraud and vehicle theft through information analysis, investigations, training and public awareness. Anyone with information concerning vehicle theft and insurance fraud can report it anonymously by calling toll-free 1-800-TEL-NICB (1-800-835-6422) or by visiting our web site www.nicb.org.
About
Experian Automotive
Experian Automotive, a business unit of Experian® Group Ltd. (LSE:EXPN),
delivers information solutions to manufacturers, dealers, finance and insurance
companies, and consumers. Experian helps automotive clients increase customer
loyalty, target and win new business, and make better lending and vehicle
purchase decisions. Its National Vehicle Database, housing more than 500 million
vehicles, along with Experian’s credit, consumer and business information
assets, meets the industry’s growing demand for an integrated information
source. Experian’s advanced decision support services help clients turn this
information into improved business results. Experian technology supports several
top automotive Web sites, including eBay Motors, Yahoo! Autos, CarsDirect.com,
CarMax.com and NADAguides.com. For more information on Experian Automotive and
its suite of solutions, visit our web site at
www.experianautomotive.com.
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AUTO THEFT CAN BE CAUSE FOR DEPORTATION
By
David G. Savage, Los Angeles Times Staff Writer
January 18, 2007
(WASHINGTON) The Supreme Court made it easier
Wednesday for the government to deport thousands of legal immigrants who are
involved in car thefts. In a 9-0 decision, the justices said non-citizens
who were convicted or pleaded guilty in California to the theft of a motor
vehicle also are guilty of an "aggravated felony" under immigration law, even if
they simply aided another person in the theft.
The ruling reverses a decision of the U.S. 9th Circuit Court of Appeals in San
Francisco, which said California's law was too broad and could brand some minor
participants as criminals deserving of deportation. Despite the focus on
California's law, the decision will apply across the country: The court noted
that every state has a similar car-theft measure.
Government lawyers said the 9th Circuit's ruling, which applied throughout the
West, had blocked the deportation of more than 8,000 immigrants.
Under a strict 1996 immigration reform law, legal immigrants who have an
aggravated felony on their records are to be automatically deported from the
United States. Intended to rid the nation of immigrants who are criminals, the
law calls for their deportation even if they have lived legally in this country
for decades and have a job and family.
And because it triggers a deportation, the law has put a sharp focus on what
crimes can be deemed an aggravated felony. Congress listed a series of such
crimes, including a "theft offense," that can result in at least one year in
prison.
Luis Duenas-Alvarez, a 32-year-old native of Peru and a permanent legal
resident, pleaded guilty in Marin County in 2002 to taking a Honda Accord
without the owner's permission. He was sentenced to three years in state prison.
As his term neared its end, federal authorities moved to deport him, saying his
offense was an aggravated felony. But the 9th Circuit blocked that move,
ruling it was not clear whether Duenas-Alvarez intended to steal the car. It was
one of a series of rulings in which the appeals court said California law on
vehicle thefts was too broad because it applied to the participants in a theft,
not just to the principal thief.
Writing for the court, Justice Stephen G. Breyer disagreed with that analysis.
In criminal law today, "one who aids or abets a theft falls, like the principal,
within the scope of the law against auto theft", he wrote. "We cannot agree that
California's law is somehow special," he wrote.
The high court's ruling was not a total victory for the government, however. The
justices stopped short of deciding whether mere "joy riding" could be deemed an
aggravated felony. They also left open the question of whether the deportation
law should extend to persons who are an "accessory after the fact" to a car
theft, including traveling in a stolen car. These issues can be decided later,
the court said.
Wednesday's ruling in Gonzales vs. Duenas-Alvarez is a setback for the
immigrant, but not a final defeat. "The decision expressly leaves open our
ability to present additional arguments to the Court of Appeals," said
Christopher J. Meade, a New York lawyer who represented Duenas-Alvarez in the
high court.
Last month, the Supreme Court leaned the opposite way in a related case
involving legal immigrants who commit drug crimes. In an 8-1 decision, the
justices rejected automatic deportation for an immigrant who pleaded guilty to
drug possession in South Dakota.
Reacting to Wednesday's ruling, Stanford law professor Robert Weisberg said it
was no surprise the court said those who aid or abet a theft are guilty of the
crime of theft. "In modern law, aiding and abetting is not a separate
offense. This was mainly a rebuke to the 9th Circuit, which was clearly trying
to find a way to save this guy from deportation," Weisberg said. "Some of their
decisions seems to have a neon ring around them that says, 'Reverse this
decision.' "
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ALLIGATOR KILLS SUSPECTED AUTO BURGLAR
MICCOSUKEE TRIBE INDIAN
RESERVATION, Fla. (Nov. 13) - A man who tried to flee from police by jumping
into a lake was mauled by a 9-foot alligator, officials said Tuesday. The
man, who has not been identified, was allegedly burglarizing a vehicle in the
parking lot of the Miccosukee Resort and Convention Center on Thursday. He ran
when police arrived, said Dexter Lehtinen, a tribal police legal advisor.
Tribal police divers searched for the man that night as well as Friday morning
and afternoon. During the afternoon dive, the body was recovered with alligator
teeth marks on the upper torso. The Miami-Dade County Medical Examiner
Department said the cause of death was an alligator attack.
An accomplice in the alleged burglary has been arrested. Because the
Miccosukee tribe is not obligated to adhere to Florida's open records laws, they
have not released the name of the deceased suspect. Without a name, the
Miami-Dade state attorney's office was unable to comment on previous criminal
history or whether the man was charged.
The alligator believed responsible for the death has been killed, and a coroner
will examine the 9-foot-3 reptile for human hair or skin, said Brian Wood, owner
of All American Gator Products, which is storing the alligator in a cooler for
preservation. Following examination, it will then be incinerated or buried, he
said.
A sign at the lake warns people of danger due to live alligators. Wood
said in other alligator habitats, signs also warn people not to feed the
animals. "They become too comfortable being around humans and they equate
humans to food," Wood said. "Generally if a gator sees a person, he goes the
other way, he goes down, he hides. This gator was aggressive, not afraid of
people."
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TXDOT recently released new temporary paper tag information. Through the new paper tags, information can be tracked back to the vehicle and customer. The new tags go into effect on May 1, 2006. Connect below for more information regarding the new tag.
2006 TEXAS DEALER TAG SYNOPSIS
TEXAS ADMINISTRATIVE CODE LISTING - NEW DEALER TAG RULES
RULES REGARDING CUSTOMERS OBTAINING MULTIPLE PERMITS
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►TRUCKS ARE TEXAS THIEVES'
TOP PICK IN 2007
(Compiled from the 2007 Texas DPS MVT 19 Reports)
The Texas Department of Public Safety has released its final MVT19
report on the top vehicles reported stolen in Texas during 2007, and as has been
the case for several years, pickups held the top spots. The Ford pickup
came in at No. 1, and coming in at a close No. 2 is the Chevrolet Pickup. In the No. 3
position, the Dodge Pickup remained a popular target for Texas thieves.
Rounding out the top five is the Honda Accord and Honda Civic. The
complete top ten list includes:
1. Ford Pickup 6. Chevrolet Tahoe
2. Chevrolet Pickup 7. GMC Pickup
3. Dodge Pickup 8. Ford Taurus
4. Honda Accord 9. Toyota Camry
5. Honda Civic 10. Ford Mustang
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►TEXAS AUTO THEFT DECLINES IN 2006
(Compiled from the 2006 "Crime in Texas" Texas DPS Uniform Crime Report)
The Texas Department of Public Safety recently released the official "2006 Crime in Texas" uniform crime report. The report shows that in 2006, 95,750 vehicles were stolen in Texas - a 2.4 percent increase from 2005. Monetary losses resulting from the crime totaled $900,302,072. This reflects a 15 percent increase versus the 2005 monetary loss. The 2006 motor vehicle theft rate for Texas was 407 thefts for every 100,000 people.
In 2006, more vehicle thefts occurred in July than any other month. The average dollar loss per vehicle was $9,409, and of the vehicles stolen, 60 percent were automobiles, 30 percent were trucks/buses, and the remaining 10 percent were classified as "other" vehicles.
During 2006, 70 percent of vehicles reported stolen were recovered in one form or another. Of those recovered, 76 percent were stolen locally and recovered locally, and the remaining 24 percent were stolen locally and recovered by another jurisdiction.
Law enforcement arrested 7,911 persons for motor
vehicle theft. Of the arrestees, 15 percent
were juveniles, 85 percent were male, 40 percent were White, 28 percent were
Black, and 31 percent were Hispanic. The age group with the most arrests
was the 15 to 19 year-old age group. The arrest clearance rate was 14
percent.
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►FBI REPORTS 2006
NATIONAL AUTO THEFT DECREASE
(As extracted from the FBI 2006 Uniform Crime Report)
Motor vehicle thefts declined in 2006, says the FBI. The 2006 FBI Uniform Crime Report (UCR) states that 2006 motor vehicle thefts in the United States totaled 1,192,809. This reflects a 3.4 percent decrease from 2005 totals.
The FBI also found that in 2006:
● The average value of a stolen motor vehicle was $6,649.
● The estimated total value of all motor vehicles stolen was $7.9 billion.
● Approximately 59 percent of all stolen vehicles were recovered.
● An estimated 137,757 people were arrested for vehicle theft.
● The nation's vehicle theft rate per 100,000 people was 398 vehicles.
For a more detailed look at 2006 national auto theft statistics, visit:
http://www.fbi.gov/ucr/cius2006/offenses/property_crime/motor_vehicle_theft.html
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►2007 NHTSA HIGH THEFT VEHICLES/EXEMPTIONS LISTING
This final rule announces NHTSA's determination that no new model year (MY) 2007
light duty truck lines are subject to the parts-marking requirements of the
Federal motor vehicle theft prevention standard because they have been
determined by the agency to be high-theft or that they have a majority of
interchangeable parts with those
of a passenger motor vehicle line. This final rule also identifies those vehicle
lines that are exempted from the parts-marking requirements because the vehicles
are equipped with antitheft devices determined to meet certain statutory
criteria pursuant to the statute relating to motor vehicle theft prevention.
2007 HIGH THEFT VEHICLE LIGHT TRUCK EXEMPTIONS -- link to Environmental Protection Agency Website
2007 HIGH THEFT VEHICLE EXEMPTION - FORD FIVE HUNDRED -- link to Federal Register
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►NER RELEASES EQUIPMENT THEFT REPORT
Nearly 40 percent of all construction and agricultural equipment theft occurs in just five states, according to a report released by the National Equipment Register (NER), a database company established to reduce heavy-equipment theft rates and increase recoveries of stolen equipment. Based on more than 5,000 theft reports submitted to NER in 2005, Texas leads all other states in the number of heavy-equipment thefts, followed by California, Florida, Missouri and South Carolina. NER's study also found that most equipment is stolen from non-owner premises or work-site locations, which are likely to have lower security than owner premises. In 2005, more than 70 percent of stolen equipment was taken from work sites. Less than 30 percent was stolen from insureds' premises, which are typically more secure, fenced storage facilities.
NER based this third annual report of
construction and agricultural equipment theft in the U.S. on its database of
over 77,000 theft reports and ISO data. The report is the most detailed analysis
of construction and farm equipment theft ever published. The NER study
also found:
* five types of equipment account for 78 percent of
all losses
* theft is by far the most frequent risk to
construction and agricultural equipment, compared with other risks, such as
fire, collision, vandalism and water damage
* equipment age determines the likelihood of theft (In contrast to auto theft, newer makes and models, from 2000-2004, represent over 70 percent of thefts reported to NER in 2005.)
* the top four brands of equipment reported
stolen to NER in 2005 were Caterpillar, Bobcat, John Deere and Kubota
The report also noted a rise in theft reports from
states victimized in 2005 by hurricanes, especially Katrina. Since the end of
August, there has been a 22 percent increase in thefts from the Gulf region. In
the weeks following each hurricane, the thefts occurred primarily in neighboring
states. As more equipment moved into the storm-damaged areas, thefts increased
there, as well. The type of equipment stolen in those regions reflects typical
theft patterns: over 60 percent of the thefts reported were for skid steer
loaders, backhoes and small to medium-sized tractors.
"Not surprisingly, the availability and ease with which equipment can be stolen are the two factors that determine theft rates. A great deal needs to be done to improve equipment security as a deterrent against theft and to recover stolen equipment," said David Shillingford, president and chief operating officer of NER. E-mail requests for a free copy of the 2005 Equipment Theft Report to NER at info@NERusa.com.
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►NER LAUNCHES STOLEN EQUIPMENT TIP LINE
The National Equipment Register (NER), a national database of equipment theft
and ownership records, has announced the creation of a ‘Stolen Equipment Tip
Line’ (866- NER-TIPS). The tip line provides a way for anyone with information
about stolen equipment to help combat a growing problem for equipment owners.
David Shillingford, president of NER, explained that “although our primary
purpose is to respond to inquiries from law enforcement, we have sometimes
received calls from concerned citizens who have information about suspicious
equipment. This type of call increased dramatically in 2005 and the ‘Stolen
Equipment Tip Line’ is designed to encourage more of these calls and reward the
caller where appropriate.”
As an example of the concept, Shillingford described a case in 2005 when an
equipment buyer in Mississippi was being offered a Caterpillar D-5-LGP dozer
below market value from someone who said that they were affiliated with FEMA.
Although he was interested in buying the dozer, the potential buyer called NER
first and learned that the equipment was stolen. Not only was this machine
recovered, but further investigation based on this call led to the recovery of
eight other machines worth over $350,000.
Under certain conditions rewards will be paid. Rewards have recently been paid
to callers from California and New York for information that led to recoveries.
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►FORD
PROVIDES FREE VIN GUIDES
The Ford Fleet web page provides free Ford VIN
Guides for model years 2000 - 2004. The VIN Guides are produced in Adobe
Acrobat PDF files and can be easily downloaded. Visit the site at:
https://www.fleet.ford.com/maintenance/vin_tools/default.asp#