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Transient Arrested for Burglary at Sears

A Campbell man steals duffle bag full of clothes and attempts to run from police.

Maybe he planned to attend opening day at AT&T Park.

Randy Davis, 42, a transient from Campbell, was arrested Wednesday at 8:36 p.m. after he allegedly stole five pairs of jeans, one pair of socks and a San Francisco Giants jersey from , the Mountain View Police Department reported Thursday.

According to the police, an employee at the store on San Antonio Road saw Davis suspiciously and nervously load a shopping cart with clothing. The employee, a loss prevention agent, called police and then allegedly saw Davis put the clothing into a duffle bag and run out the closest exit.

By that time, police had already arrived and set up a parameter. When Davis spotted an officer, according to the report, he ran toward the loading dock, where he attempted to hide under a trailer. He was found by an officer and taken into custody without further incident.

Police said Davis threw the clothes-filled duffle bag, which was allegedly also stolen, as he ran from the officers. The total dollar amount of the items stolen was $352.

"Davis had no money with him nor any debit cards or credit cards," said Liz Wylie, police spokeswoman. "Based on his statement and his lack of ability to pay for the clothes, we determined he had the intent to steal before he ever walked into the store."

Wylie said Davis was on parole out of Santa Clara County for narcotics convictions and was found to have an outstanding parole hold warrant out for him. He was booked into county jail for burglary and the parole hold.

FM March 18, 2011 at 04:31 AM
Does entering a store during business hours and shoplifting constitute burglary? I thought there had to be some kind of breaking and entering or forced entry. Did the police set up a perimeter or a parameter?
Claudia Cruz March 18, 2011 at 09:11 AM
FM, I thought the same thing but if you look at CA Penal Code 459, under CA law a breaking and entering is not required. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=458-464. Good catch.

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