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EV Owner Arrested Over 5 Cents Worth of Electricity From School's Outlet

sl4shd0rk writes "It seems you can be arrested in Georgia for drawing 5 cents of electricity from a school's outdoor receptacle. Kaveh Kamooneh was charged with theft for plugging his Nissan Leaf into a Chamblee Middle School 110V outlet; the same outlet one could use to charge a laptop or cellphone. The Leaf draws 1KW/hour while charging which works out to under $0.10 of electricity per hour. Mr Kamooneh charged his Leaf for less than 30 minutes, which works out to about a nickel. Sgt. Ernesto Ford, the arresting officer, pointed out, 'theft is a theft,' which was his argument for arresting Mr. Kamooneh. Considering the cost of the infraction, it does not seem a reasonable decision when considering how much this will cost the state in legal funds. Does this mean anyone charging a laptop or cell phone will be charged with theft as well?"

42 of 1,010 comments (clear)

  1. Theft is theft, but... by houstonbofh · · Score: 4, Funny

    In most states, Theft under $5 is just a ticket... Theft under 5 cents is a PR nightmare. :)

    1. Re:Theft is theft, but... by Anonymous Coward · · Score: 5, Funny

      In most states, Theft under $5 is just a ticket...

      Citation needed

    2. Re:Theft is theft, but... by Xicor · · Score: 4, Informative

      in texas, they cant even report a theft until it is over 5$.

    3. Re:Theft is theft, but... by JonWan · · Score: 4, Funny

      We just shoot them and then call the police. :-)

    4. Re:Theft is theft, but... by Sponge+Bath · · Score: 5, Funny

      ...and report the bullets as stolen.

    5. Re:Theft is theft, but... by daem0n1x · · Score: 5, Insightful

      But theft above one billion entitles you to a government bailout and "free from jail" card.

      Stealing bucks is for losers!

    6. Re:Theft is theft, but... by jxander · · Score: 4, Interesting

      Theft may be theft ... but is this theft?? And I don't even care about the ridiculously low monetary value

      IANAL, and I certainly haven't read through the EULA and TOS associated with the wall plug in question ... but it sounds like something provided by the school for students and teachers to use on their personal electronics. Which is exactly what he was doing.

      Seems more like stuffing your pockets full of "free samples." A bit tacky, maybe a wrist-slappable offense, but certainly not theft.

      You (i.e. the school and/or cops) don't get to retroactively go back and say "We meant any personal electronics EXCEPT cars! Yeah, so you're in violation, arrest him"

      --
      This signature is false.
  2. Cop was "in his car"? by Pope · · Score: 5, Interesting

    from Ars:

    "A short time later, he noticed someone in his car and went to investigate—and found that the man was a Chamblee police officer. "

    So, cops just randomly enter other people's cars? I know I used to always lock mine if I wasn't in it.

    --
    It doesn't mean much now, it's built for the future.
    1. Re:Cop was "in his car"? by Bob+the+Super+Hamste · · Score: 4, Insightful

      Sounds like an illegal search to me. Personally I would have called 911 and reported that there was someone in my vehicle who should be there. This way had it been someone dangerous the cops would be the ones dealing with it and in this case there would have been an audio recording of the event probably with the 911 dispatcher mentioning that the cop is who is in their car.

      --
      Time to offend someone
    2. Re:Cop was "in his car"? by Anonymous Coward · · Score: 5, Insightful

      What I see is someone poking around a car... Guy walks up gets mad. Turns out guy poking around is cop. Yelling match ensues. Guy arrested for whatever the cop can think of.

    3. Re:Cop was "in his car"? by rubycodez · · Score: 4, Insightful

      not illegal to enter a vehicle being used in the commission of a crime in progress

      yes this stealing of elecricity was wrong and illegal, electric vehicle owners have no right to plug in whereever they find an outlet.

    4. Re:Cop was "in his car"? by Talderas · · Score: 4, Informative

      Theft of service is the specific crime, I believe. You can get charged with this for throwing trash in a dumpster that doesn't belong to you or you have permission to use.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    5. Re:Cop was "in his car"? by TheCarp · · Score: 4, Insightful

      Its not so much about being ok or not being ok....its about it being such a small amount that anyone making any sort of a deal over it is....kind of an asshole.

      If I caught someone stealing 5 cents from me, it would be unlikely to garner more than a "hey what the fuck man".

      There is being right, and there is being an asshole who is right.

      --
      "I opened my eyes, and everything went dark again"
    6. Re:Cop was "in his car"? by GameMaster · · Score: 4, Insightful

      IANAL but as I believe (as others have pointed out) it's not illegal for a police officer to enter a vehicle being used in the commission of a crime (at least in all the US municipalities I'm familiar with). However, that said, the more I think about it the more I believe you've just touched on the REAL reason for the absurd $0.05 theft of service charge. I wouldn't be at all surprised if the cop is using that as a way to legalize what would otherwise have been an illegal fishing expedition searching through the guy's car for more serious contraband. If he didn't charge the guy with SOMETHING, he risks becoming the criminal.

      --

      Rules of Conduct:
      #1 - The DM is always right.
      #2 - If the DM is wrong, see rule #1
    7. Re:Cop was "in his car"? by Deep+Esophagus · · Score: 4, Interesting

      I'll grant that a nickel's worth isn't enough to hang him over... but what we're up against here is the tragedy of the commons. One person doing it has little to no impact on the scheme of things, but once people decide it's OK for him to do it, why not me too? And my neighbor. And the 600 other people in the immediate vicinity. You can't let him get away with it and then run us off, that's discrimination!

      This isn't about stopping that one guy from helping himself to a nickel's worth of electricity. It's about setting a precedent before it gets out of hand. I'm normally as anti-authority, anti-government as they come* but I can see the need to stop this early.

      *And with that comment out in the open, I'd like to wish cheery holiday greetings to my fans at the NSA

    8. Re:Cop was "in his car"? by TheCarp · · Score: 4, Insightful

      Except this is a "commons" that doesn't have to be common. I don't know about this school or how far from the car it was but.... I have an electrical outlet on the outside of my house. Its not very close to the street, and I STILL have it on a switch which is inside the house.

      Fact is, they put it out there, in public, where people could use it. If they put up a water fountain would they arrest people for stealing water when they drank from it?

      Personally, I am perfectly ok with setting the precedent that if you put something that looks like a service out in public with no control over it whatsoever, you are giving them implicit license to use it.

      --
      "I opened my eyes, and everything went dark again"
  3. Officer's No Risk Employment Boost by BoRegardless · · Score: 4, Insightful

    He has virtually zero risk in such an arrest.

    He enhances his standing, knows he'll get a conviction and won't face a drunken driver or armed robber. Easy hit for his weekly arrest and ticket actions.

    1. Re:Officer's No Risk Employment Boost by rsborg · · Score: 4, Insightful

      He has virtually zero risk in such an arrest.

      Is this true? What if the arrested individual raises a stink and files suit? The issue here is that cops can do blatantly stupid things (sometimes causing fatalities), paper over it with any one of a number of vague laws being violated (resisting arrest!) and catch no flack for their inept handling of issues.

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  4. Not money, precedent. by Wdomburg · · Score: 5, Insightful

    I suspect it is about establishing precedent and combating the idea that EV owners are entitled to "free" power, not about recovering costs in this specific incident.

    1. Re:Not money, precedent. by cbeaudry · · Score: 4, Insightful

      I think a stern warning or a ticket makes more sense.

      People who say someone should be arrested for something as mundane this, even if he should not have done it, haven't never been arrested before.

      No matter WHAT the reason, you are treated as a dirty murdering rapist while in the cell by the LEO's.

      There is no universe in which this arrest makes any sense. (A ticket... of course).

  5. Water by Dimwit · · Score: 4, Insightful

    If he filled up his thermos with water from the bathroom sink, would that be theft as well?

    --
    ...but it's being eaten...by some...Linux or something...
    1. Re:Water by lunchlady55 · · Score: 4, Informative

      If a stranger was using my outdoor hose / spigot without asking, I might have something to say about it.

  6. Theft of services by nharmon · · Score: 4, Interesting

    Does this mean anyone charging a laptop or cell phone will be charged with theft as well?

    Yes, they certainly will.

  7. A theft is a theft by guibaby · · Score: 4, Insightful

    But there should be a certain amount of common sense when enforcing the law. First did the school complain? If the school did not complain, did the officer ask the school if there was an issue? If there was an issue, I am sure the officer or the school could have approached the man and asked him to stop using their plug. They could even post a sign saying "please do not use our plugs to charge your devices." All of this would have been cheaper, more effective and infinitely less hostile than arresting the guy.

    --
    Historically, the claim of consensus has been the first refuge of scoundrels.
  8. Don't expect the cop to know how much was stolen by mc6809e · · Score: 5, Insightful

    Okay. So WE all know it was just $0.05 after the fact, but put yourself in the place of the cop. Someone has a 1+ ton electrical machine plugged into an outlet. Just how much energy is being taken? Without knowing the power, the cop has no idea.

    To the cop or average person, the electrical cord is analogous to a siphon.

    Anyone caught siphoning gas from a government car into their own car is going to be arrested. This looks like the same thing to the cop.

  9. Re:Theft by alexander_686 · · Score: 5, Insightful

    Well, the water fountain was designed and installed for free water. And there are outlets in public places for free electricity to top off one’s phone. But I don’t think that was the case here. I see this as more akin to your next door neighbor running an extension line over to your home to borrow a little electricity – and failing to tell you. It might be for only a small amount but it is not good behavior. I think that a stern warning might have been better unless it was a chronic problem.

  10. Re:More than theft by Martin+Blank · · Score: 4, Insightful

    It's about an 8.3A draw. It's not going to burn down the building, even if another such draw is happening. I'd be surprised if the breakers are rated for anything less than 25A, and wouldn't be surprised to see 40A breakers.

    --
    You can never go home again... but I guess you can shop there.
  11. Re:Theft? by Jaywalk · · Score: 4, Interesting

    So what was the outlet there for? If it's on a public building but not meant for public use, it should have been secured, either by locking it or having it shut off inside the building. Actually, the drinking fountain comment is a good point. Obviously, a drinking fountain is there for public use. But what if it's just a faucet? Is getting a drink from a drinking fountain okay, but not a faucet? Is charging a phone okay, but not a car? Where is the line here?

    Other than the obviously boneheaded ignorance highlighted by the amounts involved, there needs to be more clarity on which public facilities are available to the public and which are reserved for the institution.

    --
    ===== Murphy's Law is recursive. =====
  12. In Canada, user of parking lots are empowered. by Al+Dunsmuir · · Score: 4, Insightful

    In colder parts of Canada, there are outlets provided in parking lots so that drivers can plug in their electric battery/block heaters.f - It kind of ruins your day to not be able to start your car because the oil has gotten too thick. I would not be surprised if the same faculties are available in Western US states and Minnesota. My thoughts on seeing the title was that good-ol' quote from Cool Hand Luke. - Whut we have heah is a failure to communicate.

  13. Re:Don't expect the cop to know how much was stole by ledow · · Score: 4, Insightful

    Don't hyperbolise.

    Did the cop know or reasonably suspect that a theft was being committed? Yes.

    Is he required to know exactly the local electricity rates, the rate of the consumption of the car, the time it was plugged it down to the nearest second, the cable losses, and the discount that the school gets on electricity supply before he can make an arrest? No.

    And if you read the article, he didn't - he made a report, the arrest came when the facts came to light.

    If a kid runs out of a shop chased by security with an armful of things, the cop doesn't need to itemise what he has and whether it reaches a certain figure. You arrest, then you investigate, which is the purpose of the arrest, and then if necessary you "escalate" the arrest to a formal charge.

    Being arrested means NOTHING except detaining you on reasonable suspicion of a crime until it can be ascertained whether a crime has been committed or not.

    Fact is, he didn't arrest him, that came later when they checked facts. And he can arrest him because he has more than a reasonable suspicion that he took something (a product or service) that didn't belong to him, without permission, and with the intention to permanently deprive the owner of it. MORE THAN reasonable. In that he could see him doing it first-hand and query him about it and get an admission ("Yeah, but it's only 5c!" is basically an admission that you did it if you have anywhere near a half-decent lawyer on the other side).

    What part of this confuses you? He was arrested, after much consultation, for a crime he admits doing, that a policeman caught him doing, which the school did not give permission for him to do, petty though it is.

    You know what? I bet if he'd asked the school and even said "Here's ten cents for the school charity, can I just plug in my car outside for a minute so I can get home?" they'd have told the police that it was authorised and there'd be no issue.

  14. Re:Theft by Mullen · · Score: 5, Insightful

    Here on Earth and not Planet Black and White, there is thing called, "correct response to a problem". Here on Earth, we handout measured punishments based on the actually crime committed and the damage done to the victim. The offender in this case stole 5 cents of electricity. Which, while technically is a crime, is not a large one and not one worth the time of a police officer. If, for some reason, it did come to the attention of a police officer, they should have issued a warning since that may have all that is needed. Having a state employee deal with this is a net loss to society and its people since the officer could be doing other things like chase murders and rapists.

    --
    Linux O Muerte!
  15. Re:Theft by chuckugly · · Score: 5, Interesting

    If you wouldn't have done it at a random stranger's house, why would you do it at your children's school without asking?

    The same reason I'd take a piss in the school restroom without asking, but not in yours.

  16. Re:Theft by Mashiki · · Score: 4, Interesting

    I see this as more akin to your next door neighbor running an extension line over to your home to borrow a little electricity â" and failing to tell you.

    Reminds me of a buddy of mine who owned a business, and had contractors working on another building, decide to "use" his power without telling him. Well his solution was to send the company a bill labeled "asshole fee: $250" amazingly it was paid without a second though. I've heard of it happening in other places as well.

    --
    Om, nomnomnom...
  17. Re:Theft? by c_jonescc · · Score: 4, Insightful

    Agreed. The line is not well defined, and it is ludicrous that with those ambiguities (why exactly is his car different from a phone, or a laptop?) the police would go to his home at dinner time to arrest him days later.

    They intentionally arrested him at 8p. A time when it's hard to get paperwork/representation/hearing, and thus chose that he be forced to jail overnight. Jail overnight! Not for drunken driving, not for violence or endangerment, for an ill-defined "theft". Why would that be a reasonable course of action? If the police picked up someone over a week later for a night in jail for a stolen *anything* with small value, everyone would likely see agenda/corruption driving the decision.

    Would they have done that if I plugged in my laptop? My phone? Is this outlet only for maintenance's use? If so, why isn't it secured against this "theft", tampering, or adolescent darwin-award experimentation? If it's for student or community use, why is this a problem?

    Is this school private or public? What rights does he have as a student's parent vs. a student vs. anyone else? Could we expect that if one of the faculty charged their phone there, that they too would spend a night in jail?

    I suspect it's got a lot to do with politics and a regional dislike of environmentalists or liberals. I'd be very happy to learn otherwise, because the police selectively seeking punitive punishment for what materials goods you possess, and what they infer those goods mean about you is not a great direction for us to be heading.

    --
    Getting diabetes AND salmonella would be a bad weekend.
  18. Re:This sounds racist by nitehawk214 · · Score: 4, Informative

    Unlikely. There is no evidence that the cop saw the defendant before entering his car and preparing the paperwork to fine/arrest him.

    Absolutely false. All he has to do is type the license plate into the computer and it shows a picture of the owner, their details and outstanding warrants. An officer not doing this would not be doing his job and during a traffic stop would be putting himself in needless danger.

    --
    I'm a good cook. I'm a fantastic eater. - Steven Brust
  19. It's not about 5 cents by Solandri · · Score: 4, Informative

    Through a fortunate coincidence, the number of hours in a year and the average cost of electricity in the U.S. ($0.12/kWh) means if a device is plugged in 24/7, the Watts it draws translates almost exactly into $ per year. Most laptops draw about 30 W while charging. A phone about 5 W. So if people were constantly using that outlet to charge their laptops and phones 24/7, the school or business would only pay $30 or $5 extra in a year. They may very well decide that's small enough they'll just pay it as a convenience to their visitors.

    1 kW to charge an EV is an entirely different matter (it's actually probably closer to 1.5 kW which is about the safe limit for most residential 110V 20A circuits; 1 kW is probably the battery's charge rate after thermal losses). Allowing your outlets to be used to to charge EVs would drive up your electric bill by hundreds of dollars a year per outlet to a max $1500. So it's perfectly reasonably for a school or business to prohibit visitors charging EVs on their dime.

    Or from the EV owner's perspective, if you can leech a 8 hours of electricity from your workplace and random stores and schools 5 days/week for a year, you'll have stolen about $350 worth of electricity by the end of the year. That's what this is about, not 5 cents. Saying it's about 5 cents is like saying a bank robber should go free because he was caught before he actually managed to steal any money.

  20. Re:More than theft by Anonymous Coward · · Score: 5, Informative

    Did you get that out of your A$$, or thin air? You are quite incorrect.

    I'm a BSEE-toting master electrician.

    1) Commercial buildings, like that school, must have minimally 20 Amp minimally circuits- never 15.

    2) A 20 Amp breaker trips at 20 amps. 16 amps is the max continuous load current allowed (80%) but NOT the trip current.

    3) There certainly ARE 40 amp receptacles!! I've installed MANY! Go to your favorite hardware store and look for stove/dryer receptacles and you'll find them. There are several sizes and styles in 30, 40, and 50 amp range, including 3 and 4 prong (4 if neutral is needed - NEVER share ground with neutral!)

    And then you have twist-lock connectors which can go to hundreds of amps...

    Please don't write so authoritatively when you (obvious to me) don't know what you're talking about. You're misleading others who will easily believe you.

  21. Re:Good by phantomfive · · Score: 4, Insightful

    I'm getting pretty tired of seeing extension cords snaking through parking lots and parking garages.

    Why? How does it hurt you?

    --
    "First they came for the slanderers and i said nothing."
  22. Happened at the USA's fucked-up School District by McGruber · · Score: 5, Informative

    Chamblee Middle School (http://www.chambleems.dekalb.k12.ga.us/) is part of the Dekalb County (Georgia) School System. DCSS is the most fucked-up school district in the USA. The former Superintendent was arrested for theft by taking, the replacement Superintendent abandoned her job and the current Superintendent is a political hack who lacks the qualifications required to hold a teacher's license. The former COO was just found guilty of racketeering. The DCSS school board was removed by the state Governor and the school system is currently on "Accredited Probation", the only school system in the country with that status.

    Some recent news coverage of Dekalb County School System:

    Court upholds law used to suspend DeKalb school board members: http://www.ajc.com/news/news/local/court-upholds-law-used-to-suspend-dekalb-school-bo/nb4Cx/

    Ex-DeKalb school official found guilty of racketeering: http://www.11alive.com/news/article/313666/40/Verdict-reached-in-DeKalb-corruption-trial

    DeKalb teacher accused of beating special needs elementary student with stick: http://www.wsbtv.com/news/news/local/dekalb-teacher-accused-beating-special-needs-eleme/nb26M/

    School superintendent negotiates settlement in expensive legal battle: http://www.ajc.com/news/news/local-education/school-superintendent-negotiates-settlement-in-exp/nb89X/

    DeKalb Schools placed on probation: http://www.wsbtv.com/news/news/local/dekalb-schools-placed-probation/nTYSp/

    DeKalb’s graduation rate under the new state formula: 58.65% (Meaning that 42% of Dekalb Students DO NOT GRADUATE!) http://dekalbschoolwatch.wordpress.com/2012/04/12/dekalbs-graduation-rate-under-the-new-state-formula-58-65/

  23. Re:More than theft by Spoke · · Score: 4, Informative

    Actually, a 15A breaker may or may not trip at 15.1A. There is quite a bit of fudge room in the spec. You can pull quite a bit more than 15A on a 15A breaker for a short period of time.

    Google for "Circuit Breaker Characteristic Trip Curves" for what may or may not trip a breaker.

    Some interesting facts:

    It is possible to pull between 95-115% of the rated current of a breaker basically indefinitely without it ever tripping.
    It is possible to pull 150-240% of the rated current of a breaker for 60 seconds before it trips.
    It is possible to pull 300-600% of the rated current of a breaker for 10 seconds before it trips.
    It is possible to pull 900-2000% of the rated current of a breaker for 1 second before it trips.

  24. Re:This sounds racist by Minwee · · Score: 4, Informative

    Unlikely. There is no evidence that the cop saw the defendant before entering his car and preparing the paperwork to fine/arrest him.

    You might want to read about what happened. There's a convenient link near the top of this page. There's even an original source linked from there, if you want to hear the story from the people involved.

    Kaveh Kamooneh parked his car, left, and shortly after that an officer came by to search his vehicle. When Kamooneh returned to the vehicle the officer confronted him, informed him that he should be charged with theft by taking, and then left to file a police report.

    A week and a half later Sergeant Ernesto Ford, who was not the same officer, got an arrest warrant and sent two deputies to Kamooneh's home at 8 PM, a time which conveniently meant that Kamooneh could be booked and placed in a cell, but unable to be released until fifteen hours later.

    Are you trying to tell me that in the eleven days between the original police report being filed and Sgt. Ford preparing the paperwork to send Georgia's Finest around to put him in jail, that he didn't have tje time to look at the name "Kaveh Kamooneh" and compare it to "John Smith"? Even in Georgia it doesn't take that long to sound out the letters and figure out what they say.

    Considering the wonderfully tolerant history of small-town Georgia, where people of all origins and colours are universally welcomed with open arms and considered part of the family by one and all, it's more likely that some members of the Chamblee police department simply don't like electric cars, but there is always the small possibility that one unusual American just might dislike people of Iranian descent and be looking for an excuse to act on that.

    Stranger things have happened.

  25. Re:More than theft by tftp · · Score: 4, Interesting

    I wouldn't be that upset if they sent him that bill instead of the crazy arrest.

    The Leaf owner in question is a habitual troublemaker who violated orders of the property owner already (per the link to 11alive.) He also argued with the cop and refused to admit a mistake. (If he did that, the cop would let him go.)

    Such a person would throw that bill away and come to that school to recharge as matter of teaching them a lesson. An arrest record is just deserts for this behavior, if the report is accurate. The society does not need antisocial egotists.

    It's not like they would have hundreds of people charging though, there aren't that many outside outlets within reach of a parking space.

    Expect all outdoor outlets to be locked as soon as enough EVs start charging without permission. The liability is far greater than the cost of stolen energy.