But the vast majority appear to be related to looting during the Floyd protests, with prosecutors often citing a local emergency order because of the civil unrest. Malls and major stores in Hayward, Oakland and San Jose were also targeted in group burglaries during the third weekend of November.Р”Р„lameda County District Attorney Nancy OРІР‚в„ўMalley is still reviewing charges for those incidents, spokesperson Angela Ruggiero said, but her office has charged 73 people with the same looting offense as Boudin is citing - committing a burglary during a state of emergency - during 20.Р”Р„ handful of those cases date back to April and May 2020, when people allegedly broke into businesses closed by pandemic shutdown orders. РІР‚СљBased on the facts that we have for this particular case, we did not believe that was a charge that we could successfully defend.РІР‚Сњ РІР‚СљWe donРІР‚в„ўt believe there is a significant nexus to a state of emergency that would allow us to establish looting charges,РІР‚Сњ Becton said. After her office charged people with looting amid the Floyd protests, Becton said, the court determined that their alleged crimes did not relate to the coronavirus pandemic state of emergency that was used to justify the filings.Р”Р„ representative for Becton said the judge did not issue a written opinion and could not provide further information on the ruling or the cases involved.Р”Р„s a result, when a Walnut Creek Nordstrom store was ransacked the same weekend as the string of mass retail thefts in San Francisco and other Bay Area cities, the Contra Costa County District AttorneyРІР‚в„ўs Office decided not to pursue looting charges. The policy requires prosecutors to determine whether a theft was РІР‚Сљsubstantially motivated by the state of emergencyРІР‚Сњ and if there is a РІР‚Сљreason why another statute wouldnРІР‚в„ўt adequately address the particular incident.РІР‚СњР”Вistrict Attorney Diana Becton said the guidelines were the result of a ruling by a local superior court judge in summer 2020. РІР‚СљSince the pandemic and the emergency orders issued, we have used that statute sparingly in cases involving large-scale group thefts,РІР‚Сњ she said in an email, including РІР‚Сљat least a dozen this year.РІР‚СњР”Р„cross the bay, however, the Contra Costa County District AttorneyРІР‚в„ўs Office developed guidelines last year to standardize when it pursues looting charges. She said the office does not have a policy for filing charges under the law and does so at its discretion.

Rachel Marshall, a spokesperson for Boudin, did not respond to questions about whether the San Francisco District AttorneyРІР‚в„ўs Office has established a particular tie between these crimes and the pandemic, or if it believes the looting statute has more general application. any burglary, grand theft or petty theft that takes place contemporaneously to that state of emergency will also count as looting, or whether you need something else.РІР‚Сњ РІР‚СљThe key question here,РІР‚Сњ she said, РІР‚Сљis whether. The prolonged nature of the pandemic could make it more difficult to directly relate these burglaries to the state of emergency, Banteka said, though it will be up to the jury to decide whether prosecutors establish a compelling link - or whether they even need to make that connection. РІР‚СљThe rationale behind this criminal statute is to protect property during times when there is so much chaos going on, where individuals can take advantage of that and commit theft offenses they wouldnРІР‚в„ўt otherwise commit because they wouldnРІР‚в„ўt be given the opportunity,РІР‚Сњ said Nadia Banteka, an assistant professor of criminal law and criminal procedure at the University of the PacificРІР‚в„ўs McGeorge School of Law. 19 - is an offense under California law that encompasses grand theft, petty theft and burglary during a state of emergency or evacuation order resulting from a natural or man-made disaster, such as an earthquake, fire, flood or riot.

Looting - for which Boudin charged nine people who were arrested in connection with burglaries at the Louis Vuitton and other Union Square retailers, a cannabis dispensary and a Walgreens on Nov. San Francisco District Attorney Chesa BoudinРІР‚в„ўs decision last week to pursue felony looting charges for a recent wave of organized retail theft across the city is a legal gamble that may require his office to prove the crimes were the result of the coronavirus pandemic. Jessica Christian/The Chronicle Show More Show Less Jessica Christian / The Chronicle Show More Show Less 2 of2Р”Р„ San Francisco Police command center sits outside of Macy's while shoppers search for Black Friday deals at Union Square in San Francisco on Nov. A construction worker enters a boarded-up Louis Vuitton store at Union Square in San Francisco in the wake of thieves rushing the store and making off with merchandise.

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