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Crimes and Procedures

This page describes common crimes and standard procedures

 Click a topic below, or scroll down, for more information


Annoying Phone Calls

An annoying telephone call is one that is made by a person who has the intent to annoy and addresses to or about such other person any obscene language or addresses to such other person any threat to inflict injury to the person or property of the person addressed or any member of his family, or one who makes a telephone call with the intent to annoy another and without disclosing his true identity to the person answering the telephone, whether or not conversation ensues from making the telephone call.

 WHAT TO DO

  • If it is an emergency situation Dial 911
  • Call the police department and make a report 897-2300 (non-emergency)
  • After a police report is made, call GTE security (805) 372-8431
  • Have GTE put a “trap” on your phone line.
  • A Crime Against Persons detective will then call to investigate after GTE notifies that detective of a successful “trap” for the purpose of seeking a misdemeanor complaint.

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ASSAULT OR BATTERY

DEFINITION OF ASSAULT

An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

DEFINITION OF BATTERY

A battery is any willful and unlawful use of force or violence upon the person of another.

TO REPORT AN ASSAULT OR BATTERY

  • If the crime just occurred and/or if someone requires medical assistance, call 911.
  • If no one is injured call 897-2300.

CONDUCTING THE INITIAL INVESTIGATION

The investigating officer will ask victims and witnesses for details of the incident. Correct information is extremely important because it can assist in making a speedy arrest and help determine the type of criminal charges to be filed. It is important not to collaborate information with other victims and witnesses as it may alter what was actually seen.

MAKING THE REPORT

When the investigation is completed, the officer will write a report and send it to the Crimes Against Persons Section.

CONDUCTING THE FOLLOW-UP INVESTIGATION

The Crimes Against Persons Section will review the case, contact the victim and witnesses, file charges when possible and do everything within reason to arrest the suspect.

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BAD CHECKS

Penal Code Section 476(a) makes the issuing or passing of a bad check with the intent to defraud a crime. Depending upon the number or amounts, it can be a felony or a misdemeanor.

DEFINITION:

Any person who for himself or as the agent or representative of another or as an officer of a corporation, willfully, with intent to defraud, makes or draws or utters or delivers any check, or draft or order upon any bank or depository, or person, or firm, or corporation, for the payment of money, knowing at the time of such making, drawing, uttering or delivering that the maker or drawer or the corporation has not sufficient funds in, or credit with said bank or depository, or person, or firm, or corporation, for the payment of such check, draft, or order and all other checks, drafts, or orders upon such funds then outstanding, in full upon its presentation, although no express representation is made with reference thereto, is punishable by imprisonment in the county jail for not more than one year, or in the state prison.

WHAT TO DO IF YOU RECEIVE A BAD CHECK

If you should receive a bad check contact:

 

District Attorney's Bad Check Program

118 E. Figueroa Street

Santa Barbara, CA 93101

(805) 568-2310

Telephone hours: 10:00 AM to 12:00 PM

1:00 PM to 3:00 PM

It is a prerequisite for eligibility to the program that the payee first make at least one attempt to collect on the check. Do not make any civil agreement to collect the funds as that could invalidate the case.

We will accept all NSF checks for any amount, except the following:

  • Checks over six month old.
  • Post-dated, up-dated, or checks where partial payment has been received.
  • Rent checks where there is a civil dispute.
  • Two-party checks.
  • Agreement-to-hold checks.
  • Payroll checks are handled by the Labor Standards Enforcement Bureau. (805) 963-1438
  • Warrants and checks issued by a government agency.
  • Checks which the holder has first given to any private collection agency.
  • Stop payment checks as to which there were sufficient funds on deposit to pay said checks if payment was stopped after issuance/passing. This act may constitute a theft and other resources may be available. Consult your local law enforcement agency or Small Claims Advisor at (805) 568-2984.

NON-COVERAGE

This program also does not cover:

  • Forgery cases.
  • The making of a fictitious check.
  • Receiving or possession of a false instrument.
  • Out-of-state checks.
  • Prior to making the report, try to gather all original documents and any documentation and information applicable to the suspect.

REMEMBER: These types of cases may still warrant referral to your local law enforcement agency.

PAYING A BAD CHECK

If you need to pay a bad check, send MONEY ORDER or CASHIER'S CHECK only to:

 

DISTRICT ATTORNEY'S BAD CHECK PROGRAM

118 E. Figueroa Street

Santa Barbara, CA 93101

If you have any questions regarding your account, contact the office at (805) 568-2310 between the hours of 10:00 AM to 12:00 PM and 1:00 PM to 3:00 PM Walk-in hours are from 8:00 AM to 5:00 PM.

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BURGLARY/THEFT

DEFINITION OF BURGLARY

The entering of any structure with the intent to commit petty theft, grand theft, or any other felony.

DEFINITION OF THEFT

A person commits an act of theft if someone unlawfully obtains another's property with the intent to deprive the rightful owner.

REPORTING A BURGLARY OR THEFT

Call the Santa Barbara Police Department at 911 or 897-2410 or 897-2300. (Do not disturb anything at the scene.)

COLLECTING EVIDENCE AND MAKING A REPORT

The investigating officer will collect evidence and prepare a report. The officer will ask the victim to make an inventory to determine what was taken.

Be prepared to supply the make, model and serial numbers of the stolen property.

(Avoid touching or disturbing anything until the officer has arrived and collected evidence.)

OFFICER'S INVESTIGATION

The investigating officer will conduct an investigation and ask questions such as the following:

  • What time did you leave the house?
  • What time did you return?
  • What did you see when you returned?
  • Where was the stolen property located?
  • Have you talked with any of your neighbors?
  • If you have, what did they tell you they saw or heard?
  • Are you willing to prosecute the guilty parties?

DOCUMENTING THE LOSS

To document any further property loss discovered after the officer has left the scene, the victim should complete the Santa Barbara Police Department's Property Form left by the investigating officer. After completing the form, the victim has two options:

1. Mail the additional information to the Santa Barbara Police Department at 215 E. Figueroa St., Santa Barbara, Ca. 93101. (Be sure to include the case number.)

2. Go to the Santa Barbara Police Department to file a follow-up report.

FOLLOW-UP INVESTIGATION

Only a small percentage of all burglary and theft cases have follow-up investigations, since most of these cases lack sufficient investigative leads (like witnesses, suspects, traceable evidence). However, all cases are reviewed by the investigators and the inactive cases are kept on file. The victim is not contacted again unless there are new developments in the case.

TO OBTAIN INFORMATION ABOUT YOUR CASE

Call the Burglary Detail at 897-2335, Monday- Friday, 9:00 AM to 4:00 PM. Please have your case number ready.

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CHILD ABUSE

The victims need the strength and reassurance of their parents. If a parent finds out the child has been a victim, the most important thing is to ensure the child's safety and well being. This means the parent must remain calm and under control. This is especially important in sexual abuse cases where parental help is needed to calm the child.

DEFINITION

Child abuse is any person who willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health may be endangered, or willfully inflicts upon any child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition.

AIDING A PHYSICALLY ABUSED CHILD

Medical examinations are necessary in physical abuse cases to determine the extent of injuries and to provide expert medical verification that injuries did occur.

AIDING A SEXUALLY ABUSED CHILD

In sexual assault cases, medical attention is needed not only to gather evidence from the victim's body and clothing, but also to determine whether or not any of the following are true:

  • The child was injured.
  • The assault resulted in pregnancy or venereal disease.
  • Other physical indications that support the victim's claims.

If the sexual assault happened within the past 72 hours, hospital attention should be sought quickly. Before the examination, do not bathe or otherwise clean the victim. Be sure to bring clean clothing for the victim. Clothing worn during the assault will be kept by the police.

REPORTING A CHILD ABUSE

Notify the authorities:

Santa Barbara Police Department:
911 - if it's in progress
897-2300 - to make a report

Child Protective Services:
(800) 367-0166
(805) 683-2724 or (805)
692-5743 after 5 PM, weekends, holidays

Persons reporting actual or suspected child abuse incidents are protected by law from civil liabilities and retaliatory lawsuits, provided the reports are made in good faith and without malicious intent. The identities of the persons making the reports are kept confidential and, in some cases, reports will be accepted anonymously, if necessary.

If is a crime for a person to fail to report physical and/or sexual child abuse if that person has a professional/special relationship with the child (i.e., teacher, principal, school official, doctor, medical personnel, psychiatrist, psychologist).

CONDUCTING THE INVESTIGATION AND MAKING THE REPORT

When a call is received by the Police Department, a uniformed police officer is sent to see the victim and conduct an initial investigation.

CONDUCTING THE FULL INVESTIGATION

When the police or County Children's Protective Services receive a report of suspected child abuse or neglect, a full investigation is launched. Both agencies are concerned with the safety of the child an share information, although they have different responsibilities durin