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Possible Warrant for Arrest

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  • 03-15-2020, 11:52 PM
    escobar479
    Possible Warrant for Arrest
    My question involves criminal law for the state of: Florida. I work as Uber driver and a customer left their phone in my car. I contacted Uber so I could get a hold of the person. The person called me and advised I would like to give them the phone back but I asked if they could at least give me some money for the trip to return the phone and my time. The person got upset and called the cops. About an hour later I get a called from a officer and he wanted to find out what happened. I told him what happened and I advised my intention was to return the phone. The officer got upset and said that I am depriving someone of property value of $1000 and he said he was going to create an arrest warrant. At this point I do not know what to do and I wanted to get this problem resolved as soon as possible. I have done some reading online about Felonies charges for something like this and I do not know what to believe What would you recommend me to do
  • 03-16-2020, 12:38 AM
    RJR
    Re: Possible Warrant for Arrest
    If we classify the phone as LOST property, keeping it under conditions, yes, is a crime. You know who the Rightful owner is. It appears FL classifies such as LOST or ABANDONED but not Mislaid property.

    This no doubt applies to either classification. You may NOT demand your time or gas be compensated or you will not return it.

    Return it right away. Discuss any compensation later.

    https://www.flsenate.gov/Laws/Statutes/2019/705.102
  • 03-16-2020, 07:10 AM
    PayrolGuy
    Re: Possible Warrant for Arrest
    Quote:

    Quoting escobar479
    View Post
    My question involves criminal law for the state of: Florida. I work as Uber driver and a customer left their phone in my car. I contacted Uber so I could get a hold of the person. The person called me and advised I would like to give them the phone back but I asked if they could at least give me some money for the trip to return the phone and my time. The person got upset and called the cops. About an hour later I get a called from a officer and he wanted to find out what happened. I told him what happened and I advised my intention was to return the phone. The officer got upset and said that I am depriving someone of property value of $1000 and he said he was going to create an arrest warrant. At this point I do not know what to do and I wanted to get this problem resolved as soon as possible. I have done some reading online about Felonies charges for something like this and I do not know what to believe What would you recommend me to do

    Drop the phone off at the nearest police department with the name of the owner. Contact the owner and tell him here it is.
  • 03-16-2020, 08:18 AM
    Harold99
    Re: Possible Warrant for Arrest
    I highly doubt the law requires that you offer a free delivery service to return the phone to the person't house. Is a restaurant required to use a waiter to hand deliver a jacket or a pair of sunglasses to a customer's house when they are left behind? NO! I doubt a restaurant is even required to call the person who left something behind...even when they have their information. If an Uber customer or a cop did that to me, I wouldn't lift a finger to help them.

    If you have the cop's email, put something in writing that you have the phone and do not intend on keeping it. If the cop wants it hand delivered, let him deliver it, especially after a threat like that. Also, if you drop it by a police station, make sure the station is as far from their house a possible and you get a written receipt/proof that you dropped it off.

    Be advised, cops are legally allowed to lie as to what they can and cannot do to you.
  • 03-16-2020, 09:31 AM
    pg1067
    Re: Possible Warrant for Arrest
    As explained at the other site where you posted about this, return the damn phone without any demand or request for payment.
  • 03-16-2020, 01:32 PM
    Taxing Matters
    Re: Possible Warrant for Arrest
    Quote:

    Quoting Harold99
    View Post
    If an Uber customer or a cop did that to me, I wouldn't lift a finger to help them.

    Except that apparently Uber does tell customers that the driver will return the property left in the car and that Uber will charge the customer $15 to compensate the driver for doing so. So while the driver by law may not have to go out of his way to return the property, his contract with Uber might impose that obligation.
  • 03-16-2020, 07:09 PM
    Harold99
    Re: Possible Warrant for Arrest
    Quote:

    Quoting Taxing Matters
    View Post
    Except that apparently Uber does tell customers that the driver will return the property left in the car and that Uber will charge the customer $15 to compensate the driver for doing so. So while the driver by law may not have to go out of his way to return the property, his contract with Uber might impose that obligation.

    Yet the driver did not know that policy, the passenger/customer did not agree to be charged and the cop lied about being able to issue a warrant for grand theft.

    What a bunch of goofballs.
  • 03-16-2020, 09:47 PM
    RJR
    Re: Possible Warrant for Arrest
    Quote:

    Quoting Harold99
    View Post
    ... and the cop lied about being able to issue a warrant for grand theft.

    Grand theft, probably not, unless the phone was valued at more than $750.00. Petit theft, yes, which could be rightfully charged.
  • 03-16-2020, 09:53 PM
    Harold99
    Re: Possible Warrant for Arrest
    Quote:

    Quoting RJR
    View Post
    Grand theft, probably not, unless the phone was valued at more than $750.00. Petit theft, yes, which could be rightfully charged.

    BS!

    Amazing, the amount of people that come here to scare people. It's like 12 months of Halloween.
  • 03-16-2020, 10:05 PM
    RJR
    Re: Possible Warrant for Arrest
    Quote:

    Quoting Harold99
    View Post
    BS!

    Amazing, the amount of people that come here to scare people. It's like 12 months of Halloween.

    Did you read the law on such in my post 2?
  • 03-16-2020, 10:12 PM
    Harold99
    Re: Possible Warrant for Arrest
    Quote:

    Quoting RJR
    View Post
    Did you read the law on such in my post 2?

    Anyone can Google search a law. What about the laws from a defense attorney that would oppose it? Care to share those?
  • 03-16-2020, 10:18 PM
    RJR
    Re: Possible Warrant for Arrest
    Quote:

    Quoting Harold99
    View Post
    Anyone can Google search a law. What about the laws from a defense attorney that would oppose it? Care to share those?

    The posted law is not vague in any way concerning lost property. A defense attorney can proffer any argument they wish, period. When you find a court decision that casts doubt on it or questions the constitutionality, or any severability thereof, post it.
  • 03-16-2020, 10:30 PM
    Harold99
    Re: Possible Warrant for Arrest
    Quote:

    Quoting RJR
    View Post
    The posted law is not vague in any way concerning lost property. A defense attorney can proffer any argument they wish, period. When you find a court decision that casts doubt on it or questions the constitutionality, or any severability thereof, post it.

    Next time I leave my jacket at a restaurant, I will call the police and press charges when they refuse to deliver to my house.
  • 03-16-2020, 10:33 PM
    RJR
    Re: Possible Warrant for Arrest
    Quote:

    Quoting Harold99
    View Post
    Next time I leave my jacket at a restaurant, I will call the police and press charges when they refuse to deliver to my house.

    If you do not live in FL, the statute does not apply to you. Second, a statement that the finder is keeping it, outside the provisions of the law, is THEFT.
  • 03-17-2020, 12:58 AM
    Harold99
    Re: Possible Warrant for Arrest
    Quote:

    Quoting RJR
    View Post
    If you do not live in FL, the statute does not apply to you. Second, a statement that the finder is keeping it, outside the provisions of the law, is THEFT.

    He/she never said it was being "kept." Rather, it was not being delivered for free. Very different statements.
  • 03-17-2020, 12:34 PM
    RJR
    Re: Possible Warrant for Arrest
    Quote:

    Quoting Harold99
    View Post
    He/she never said it was being "kept." Rather, it was not being delivered for free. Very different statements.

    While true that he never said he was keeping it in those words, nor did he say he would return it without compensation, which says to me, no agreement, no phone. That's a stipulation not permitted by law.
  • 03-17-2020, 02:58 PM
    cdwjava
    Re: Possible Warrant for Arrest
    Here is the law as linked by RJR earlier:

    705.102 Reporting lost or abandoned property.—
    (1) Whenever any person finds any lost or abandoned property, such person shall report the description and location of the property to a law enforcement officer.
    (2) The law enforcement officer taking the report shall ascertain whether the person reporting the property wishes to make a claim to it if the rightful owner cannot be identified or located. If the person does wish to make such claim, he or she shall deposit with the law enforcement agency a reasonable sum sufficient to cover the agency’s cost for transportation, storage, and publication of notice. This sum shall be reimbursed to the finder by the rightful owner should he or she identify and reclaim the property.
    (3) It is unlawful for any person who finds any lost or abandoned property to appropriate the same to his or her own use or to refuse to deliver the same when required.
    (4) Any person who unlawfully appropriates such lost or abandoned property to his or her own use or refuses to deliver such property when required commits theft as defined in s. 812.014, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


    If the OP wants to remain out of trouble, he should turn the phone over to local law enforcement with the owner's information. The OP's refusal to return the phone would appear to constitute theft per the statute, if that is what he did. Compensation does not appear to be covered in the statute, and to make such a demand in order to fulfill a legal requirement might also be construed as extortion. The OP should just turn the phone over to law enforcement with the owner's info as required per the statute. Easy and done.
  • 03-17-2020, 03:05 PM
    PayrolGuy
    Re: Possible Warrant for Arrest
    Quote:

    Quoting cdwjava
    View Post
    The OP should just turn the phone over to law enforcement with the owner's info as required per the statute.

    Which is what I wrote back in post #3 without looking up the law. :cool:
  • 03-17-2020, 05:28 PM
    Harold99
    Re: Possible Warrant for Arrest
    Quote:

    Quoting cdwjava
    View Post
    Here is the law as linked by RJR earlier:

    705.102 Reporting lost or abandoned property.—
    (1) Whenever any person finds any lost or abandoned property, such person shall report the description and location of the property to a law enforcement officer.
    (2) The law enforcement officer taking the report shall ascertain whether the person reporting the property wishes to make a claim to it if the rightful owner cannot be identified or located. If the person does wish to make such claim, he or she shall deposit with the law enforcement agency a reasonable sum sufficient to cover the agency’s cost for transportation, storage, and publication of notice. This sum shall be reimbursed to the finder by the rightful owner should he or she identify and reclaim the property.
    (3) It is unlawful for any person who finds any lost or abandoned property to appropriate the same to his or her own use or to refuse to deliver the same when required.
    (4) Any person who unlawfully appropriates such lost or abandoned property to his or her own use or refuses to deliver such property when required commits theft as defined in s. 812.014, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


    If the OP wants to remain out of trouble, he should turn the phone over to local law enforcement with the owner's information. The OP's refusal to return the phone would appear to constitute theft per the statute, if that is what he did. Compensation does not appear to be covered in the statute, and to make such a demand in order to fulfill a legal requirement might also be construed as extortion. The OP should just turn the phone over to law enforcement with the owner's info as required per the statute. Easy and done.

    Doesn't this clearly say that the OP is owed transportation and storage costs? And since it is owed to the OP, it is not "extortion."

    How many time have you, or anyone else, gone to work and not get paid?

    It is amazing how the OP's one post got so twisted. I guess when the cops screw up ya just change what the OP said to make him appear guilty of something.
  • 03-17-2020, 06:26 PM
    Fuzzz
    Re: Possible Warrant for Arrest
    Quote:

    Quoting Harold99
    View Post
    Doesn't this clearly say that the OP is owed transportation and storage costs? And since it is owed to the OP, it is not "extortion."

    Its amazing how poor peoples reading comprehension skills are. Try reading the first part that you failed to bold.

    Quote:

    Quoting cdwjava
    View Post
    (2) The law enforcement officer taking the report shall ascertain whether the person reporting the property wishes to make a claim to it if the rightful owner cannot be identified or located. If the person does wish to make such claim, he or she shall deposit with the law enforcement agency a reasonable sum sufficient to cover the agency’s cost for transportation, storage, and publication of notice. This sum shall be reimbursed to the finder by the rightful owner should he or she identify and reclaim the property.

    The deposit only applies if they do not know who the owner is, and the person turning the property in wishes to claim it as their own in the event no once claims it. The Person turning the property in must deposit with the police agency the cost for THE POLICE AGENCY to store it and public post they have it. It will be refunded if the rightful owner is found.



    Bottom line is that when he stated he wanted money to return the item he was potentially breaking the law. It depends on exactly how that conversation went, which none of us here other than the OP know that information. It is very possible from his description that he deprived the property owner of the property until they agreed to pay him, which is a crime. The best bet right now would be for OP to either return the phone to the owner, or drop it off to the officer who is handling the case.
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