Michael Janson is a local police officer. One evening, Janson pulled over George McCain for making an illegal lane change without a signal. Janson insisted that George exit the vehicle and searched him

Question

Throughout the interaction, George believed the officer was following proper police protocol. It was later discovered, however, that during the search Officer Janson removed George's wallet from his back pocket without his knowledge. Did Officer Janson commit larceny? Why or why not?

Answer 1

There are four elements to the actus reus of larceny. They are: 1) Trespass 2) Taking 3) Carrying away, 4) Personal Property. There can be no larceny without a trespass and there can be no trespass unless the property was in the possession of the one from whom it is charged to have been stolen. Depending on the conduct for police protocol, removing his wallet may or may not count as trespassing. In general, taking refers to the removing the property from the possession of another. There is no evidence that the wallet was removed from George's possession for reasons other than proper police protocol. 3) The wallet was not carried away. In addition, the Modern Penal Code does not require proof of carrying away. 4) Personal property is anything other than real property that is also tangible. The wallet is personal property. Student answers will vary but arguably the evidence does not suggest that Officer Janson committed larceny.