Can I Keep a Computer Somebody Left Behind

[Playero41]

My question involves criminal law for the state of: New York

I recently found a macbook laptop lying around in a bathroom, so then I decided to take it and ask anyone if it belonged to them. However, nobody said it was theirs, so I took it home with me.

My Question is, what should I do with this laptop computer? How can I return it or give it away before the police falsely accuse me of stealing it and charge me with larceny?

[free9man]

Take it to the police station nearest the bathroom and turn it in. Odds are it has been reported as either lost, or stolen.

I do not know if NY has a theft of lost and/or mislaid property statute but it they do, you could be charged since you have delayed reporting it or turning it over to authorities.

[Playero41]

oh, ok. Thanks

[jk]

I recently found a macbook laptop lying around in a bathroom, so then I decided to take it and ask anyone if it belonged to them. However, nobody said it was theirs, so I took it home with me.

what you shouldn't have done was take it home. Even if there was no intent to steal, it looks like there was. Since you took possession of the computer, you put yourself in the position of having to deal with the thing. Since you asked around, the next step would be to contact the police, even if you did it via telephone, and ask them what to do with it.

Now, as the other poster stated; turn it into the police

[cyjeff]

oh, ok. Thanks

Translation?

"I asked everyone around and no one claimed it. You mean it isn't mine under the 'Finders Keepers' statute?"

[Clenville Tziabatz]

Take it to the police station nearest the bathroom and turn it in. Odds are it has been reported as either lost, or stolen.

I do not know if NY has a theft of lost and/or mislaid property statute but it they do, you could be charged since you have delayed reporting it or turning it over to authorities.

Does this mean that the OP should get a lawyer to turn it over to the police in a way that it cannot be traced back to him?

It seems pretty questionable to return it in a way that might lead to criminal charges if that can be avoided through the use of an intermediary.

[cyjeff]

Does this mean that the OP should get a lawyer to turn it over to the police in a way that it cannot be traced back to him?

It seems pretty questionable to return it in a way that might lead to criminal charges if that can be avoided through the use of an intermediary.

Why would you think a lawyer is prohibited from disclosing his criminal client?

[Clenville Tziabatz]

Why would you think a lawyer is prohibited from disclosing his criminal client?

If the lawyer does not believe that her client is a criminal then she will have an ethical obligation not to disclose.

The best way to figure this out is to ask the lawyer hypothetically what she would do, and then decide whether to tell what really happened only if the OP feels comfortable with what the lawyer suggests.

I imagine that many lawyers, if not most, would feel that the OP did not have sufficient mens rea under the applicable state law, and that the lawyer would feel that the client was therefore not a criminal, and that the lawyer would feel duty bound to keep the OP's identity a secret.

But the best way to determine if this is a viable approach is to call a criminal defense lawyer and ask, without giving your name. The OP should find one who will talk on the phone and explain the situation and get the criminal defense lawyer's read on the best approach.

A criminal defense lawyer (even one who has not been paid yet) is less likely to try to go after the OP than will the popo.

ON EDIT:

Also, your biggest concern should be that there is child porn on the computer. If the police discover that stored on the computer, the possible trouble for you is even bigger and likelier than a larceny charge.

[jk]

then the OP should just sneak the computer back into the bathroom where he found it, making sure he has removed his fingerprints of course.

[PandorasBox]

I think the OP should think about this:

What if YOU lost a laptop, someone found it, and decided to keep it. I bet you'd be pissed off.....