An officer on routine patrol noticed a flashlight moving within a darkened house and stopped to investigate. The suspect, who had broken into the home to steal valuables, caught sight of the patrol car, dropped the bag of valuables as he was about to carry them out of the house, and tried to sneak out the back way. The officer saw him sneaking out and seized him. The suspect, who had a lock-picking device in his possession, pulled out two $100 bills from his wallet, stating that he did not take anything and would like to forget the whole thing. The officer took the money, stating that she would give him a break this time around, and let the suspect go. How may the officer be charged in this situation

As an accessory after the fact to burglary only

Explanation:

Accessory after the fact

This is simply known as a person who receives, relieves, comforts, or assists another knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction. It happens when the crime committed by principal must have been completed and aid is rendered. Here, The officer is entitled to make the arrest and failed to do so, instead letting him go. The failure of the officer to act under these circumstances brought about sufficient assistance to the suspect to make her liable as an accessory after the fact.

To be an accessory after the fact, the person involved must be aware of commission of crime by main criminal offender and has intentionally provided help to offender in name of avoiding apprehension and conviction.

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