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Legal Definitions - manifest thief
Definition of manifest thief
Manifest Thief
A "manifest thief" refers to an individual who is caught in the very act of committing a theft, or immediately thereafter, with clear and undeniable evidence of their crime. The term emphasizes the obviousness of the theft, often because the person is apprehended while still in possession of the stolen goods, attempting to escape, or actively engaged in the criminal act itself.
Here are some examples illustrating the concept of a manifest thief:
Example 1: A person attempts to leave a department store with several items of clothing concealed in a bag, having bypassed all cash registers without payment. As they exit the store, a security guard stops them, discovers the unpaid merchandise, and detains them.
Explanation: This individual is a manifest thief because they were caught in the act of theft (attempting to leave with unpaid goods) with immediate and undeniable evidence (the concealed merchandise) at the point of apprehension.
Example 2: A homeowner looks out their window and sees someone actively prying open the door of their neighbor's parked car. The homeowner immediately calls the police, who arrive within minutes and apprehend the individual still attempting to hotwire the vehicle.
Explanation: The person is a manifest thief because they were caught directly in the process of committing the theft (breaking into and attempting to steal the car) by law enforcement, with the tools and ongoing actions serving as clear evidence.
Example 3: After a jewelry store alarm sounds, a police officer on patrol nearby sees a person running from the store's broken front window, clutching a bag that is visibly overflowing with jewelry. The officer pursues and apprehends the individual a block away, still holding the bag of stolen items.
Explanation: This scenario illustrates a manifest thief because the individual was apprehended immediately after the theft, fleeing the scene of the crime, and still in direct possession of the stolen goods, making the theft undeniable.
Simple Definition
A manifest thief, derived from the Latin *fur manifestus*, refers to an individual caught in the very act of committing a theft. This legal classification, originating in Roman law, applied when a person was apprehended either during the act of stealing or while still in possession of the stolen goods on the premises. Such a distinction often resulted in more severe penalties compared to a non-manifest thief.