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  1. #1
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    Default Why Do You Have a Duty to the Owner After Finding Lost Property

    Quote Quoting jk
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    so they had time to sit in their car and look through the phone for some evidenence of
    ownership yet they couldn't take the phone inside the store?
    Why is the OP obligated to take the phone to lost and found? Where is the responsibility of the owner to not lose the phone in the first place?


    If they didn't have time to walk into the store, what were they going to do if they found evidence of ownership since they didn't have time to walk into the store?
    The OP could have contacted the owner via phone or email and told the owner to pick up the phone at the OP's home.

    the op looks guilty. Their actions are not supported by their statements.
    Guilty of what?

    Did you bother reading the original post? The police accused the OP of stealing the wallet, not stealing the phone.

  2. #2
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    Default Re: Accused of Theft After Finding Lost Property

    Quote Quoting TechWorker
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    Guilty of what?

    Did you bother reading the original post? The police accused the OP of stealing the wallet, not stealing the phone.
    OP admits to having handled the phone and had it in their vehicle, where it was out of sight. The victim states that the phone is always in the wallet (not sure how that works). While it is entirely plausible that the phone was ditched by whoever did take the wallet, the circumstances would make OP's story suspect in some eyes. Most people would have either a. turned the phone in or b. contacted the owner or someone listed in the phone to arrange it's return.

  3. #3
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    Default Re: Accused of Theft After Finding Lost Property

    Quote Quoting free9man
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    OP admits to having handled the phone and had it in their vehicle, where it was out of sight. The victim states that the phone is always in the wallet (not sure how that works). While it is entirely plausible that the phone was ditched by whoever did take the wallet, the circumstances would make OP's story suspect in some eyes. Most people would have either a. turned the phone in or b. contacted the owner or someone listed in the phone to arrange it's return.
    The problem is that, even of the OP had given the phone to lost and found or to the owner, the OP STILL could have been accused by the owner or the police of keeping the wallet.

    Unfortunately, this kind of stunt pulled by the police, will discourage people from even touching anything seen on the ground. So, more people will have their lost items NOT returned to them.

  4. #4
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    Default Re: Accused of Theft After Finding Lost Property

    Quote Quoting TechWorker
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    Why is the OP obligated to take the phone to lost and found? Where is the responsibility of the owner to not lose the phone in the first place?
    well, actually i didn't say they were. I said their actions combined with their defense of a time constraint suggest a lack of truth.


    but as to why they are actually obligated to turn the phone in: once they took possession of the phone by their own choice, they created an obligation to not damage the property. Placing it back outside could cause damage.



    The OP could have contacted the owner via phone or email and told the owner to pick up the phone at the OP's home.
    um, they had the person's phone. I can see it now; op calls the number they somehow discovered. Phone next to them starts ringing. They answer the phone and since nobody responds to "hello, hello" they hang up the phone. Then realizing the call they were making on their phone has been disconnected, they call again. Phone next to them rings. They answer it with "hello, hello". They hang up

    well, I hope you see it as humorous as I do.





    Guilty of what?
    well, theft is a serious possibility.

    Did you bother reading the original post? The police accused the OP of stealing the wallet, not stealing the phone.
    why yes I did. The phone and wallet were together. Op was seen with phone and has a very pooor excuse to his/her actions regarding the phone. Circumstantial evidence allows the implication op stole phone and wallet and discarded the phone.

    People have been convicted of much more serious crimes on circumstantial evidence.

    Since there are cameras in the parking lot, op best hope there is a recording of them picking up the phone off the ground.

  5. #5
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    Default Re: Accused of Theft After Finding Lost Property

    Quote Quoting TechWorker
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    The problem is that, even of the OP had given the phone to lost and found or to the owner, the OP STILL could have been accused by the owner or the police of keeping the wallet.
    That is correct but the fact they went to the trouble to turn it in might make someone think twice about accusing them as criminals aren't normally polite.

    Quote Quoting TechWorker
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    Unfortunately, this kind of stunt pulled by the police, will discourage people from even touching anything seen on the ground. So, more people will have their lost items NOT returned to them.
    What stunt? A crime was reported to the police and they are acting on that report. That is their job.

  6. #6
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    Default Re: Accused of Theft After Finding Lost Property

    Quote Quoting Susand4235
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    As for why did I have time to sit in my car but not bother to go back into the store, how I wish I just ran back into the store, I was not in a mad rush and should have been kind enough to make the effort. I had my sister on my mind, my son was at a music lesson with another kid (they do a duo) I was thinking about talking to the other kids mother, I didn't have to see her but I did want to ask her about some scheduling. I take heavy doses of medication for anxiety and a bipolar condition. My doctor recommended I limit my driving as the medications cause slow reaction. My husband travels a lot for work so I have to drive my son around most of the time. I'm dragging at times. In any case, I wish I could go back in time, there is no excuse for not being considerate, yes I would want someone to put in the little effort it would have taken.
    Well, I don't want people going to jail just because they are inconsiderate.

    And I don't want people like you, people who have done nothing morally wrong, people who did not steal anything, etc., to have to grovel to police officers about dealing with kids, medications, a husband, etc., in the hopes that the officer does not arrest them for something that should not be criminally wrong in the first place.

    Please make sure that you get an attorney, and please do not plead guilty to anything. Pleading guilty will only encourage police officers to harass more people.

    Quote Quoting jk
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    At this point your best direction is to talk to nobody other than your attorney. Anybody you speak to is a possible witness that could be called to testify.

    Btw: a cop being nice? He was probably trying to get you to admit to
    the crime. They do things like that.
    I think that the cop apologized AFTER the OP confessed.

    Quote Quoting jk
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    Since there are cameras in the parking lot, op best hope there is a recording of them picking up the phone off the ground.
    There is a recording of the OP picking up the phone. That's why the OP is in trouble. I think you mean that the OP had better hope that there is a recording of someone else picking up the wallet.

  7. #7
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    Default Re: Accused of Theft After Finding Lost Property

    If somebody loses property and you see it but don't touch it, you don't have any special duty. If you take it into your possession, you assume responsibility for the items that you now possess -- and, therefore, should take care to either track down the owner or turn it in to an appropriate authority.

  8. #8
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    Default Re: Accused of Theft After Finding Lost Property

    And I don't want people like you making excuses for people who have done things that make them look guilty - and may well be guilty.

    So there we are.

  9. #9
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    Default Re: Accused of Theft After Finding Lost Property

    Quote Quoting TechWorker
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    Well, I don't want people going to jail just because they are inconsiderate.

    And I don't want people like you, people who have done nothing morally wrong, people who did not steal anything, etc., to have to grovel to police officers about dealing with kids, medications, a husband, etc., in the hopes that the officer does not arrest them for something that should not be criminally wrong in the first place.

    Please make sure that you get an attorney, and please do not plead guilty to anything. Pleading guilty will only encourage police officers to harass more people.



    I think that the cop apologized AFTER the OP confessed.



    There is a recording of the OP picking up the phone. That's why the OP is in trouble. I think you mean that the OP had better hope that there is a recording of someone else picking up the wallet.
    I thought the recording was of the op placing the phone on the light pole base.

    And the op did not admit to stealing anything so the cop cozying up could still produce their desired results.

  10. #10
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    Default Re: Accused of Theft After Finding Lost Property

    Quote Quoting Mr. Knowitall
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    If somebody loses property and you see it but don't touch it, you don't have any special duty. If you take it into your possession, you assume responsibility for the items that you now possess -- and, therefore, should take care to either track down the owner or turn it in to an appropriate authority.
    While I agree that there might attach civil liability if the phone subsequently was lost or stolen, I think it is important to clarify that this does not mean that the failure to turn in the phone would make the person guilty of a theft offense.

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