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  1. #1
    Join Date
    Aug 2017
    Location
    rnorthern California
    Posts
    4

    Default Can You Be Charged With Theft Over a Cell Phone That You Found and Forgot About

    My question involves criminal law for the state of: California.

    Today I got a call from an investigator from a police department saying that if I found the phone a while back and I said yes and I explained this story:

    I found the phone about a month ago and saw the phone in the shopping center seats.I remember noticing a couple sitting from the balconey of a grocery store as i was drinking a beer with my buddy B. The chick was good looking because my friend was drooling over her all of a sudden i spot a phone on the seat in the shopping center lounge and i went to grab it and I went to go try to find the couple ,some white guy and girl. I did not notice the coiple gone but saw something in the area wear they were sitting and went to see what it was(a phone) I put the peices to the puzzle together and knew when of them must have droped it. I went immediately to try to find them and give them her or him their phone back...

    but could not find them and me and my friend left I had investigation from a police department come to my house and leave a note stating that they want to talk to me I ended up calling investigations and told her that I found that phone and I did try to make an attempt to find them and that that was all that I have a phone she told me to come tomorrow at 12pm that she's going to make sure shes there so I can turn it in and she has the make and model number to make sure to bring that phone, I told her its in perfect condition and it has a case on it.she needs to match it she says she doesn't need she doesn't care about this phone situation that I that she looked at my record and I'm in enough trouble with the separate unrelated case(public intoxication) and I told her okay I will go tomorrow and meet her at the police department.

    The detective told me i should have left it at the grocery store adjacent to the shopping center lounge area or put a lost and found ad online or newspapper. I said i didnt know all that but i did make the effort around the time frame i found the phone. Told her before hanging up that review the camaras to see that i made the effort to try to find the couple in the surrounding area and front parking lot.I have never used the phone only to try to contact the owner on the phone itself but it was locked. I completly forgot that i had the phone untill today when i talked to the investigator. T he phone has been at my house and took me 1 hour to find and thank god i found it i am going tommmorow to turn it in and talk to investigator. Should i be worried? I am in California. Here is the law about finding property

    Penal Code 485 PC -- California's law against appropriating (or misappropriating) lost property -- prohibits you keeping property that you find when there are clues identifying its true owner.1You are not required to go to extremes to identify and contact the owner. But the law says you must make a reasonable attempt to do so.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: I Found a Cell Phone and Now Detectives Want to Talk to Me

    You should probably keep an attorney on retainer, given your ... bad luck.


  3. #3
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: I Found a Cell Phone and Now Detectives Want to Talk to Me

    Go here https://leginfo.legislature.ca.gov/f...r=4.&article=1. and start reading at Section 2080 of the Civil Code. After not being able to find the owner, the law required you to turn the phone over to law enforcement if the value of the phone was over $100, which most phones are.

    You failed to do so, making you a prime candidate for theft of lost property.

  4. #4
    Join Date
    Aug 2017
    Location
    rnorthern California
    Posts
    4

    Default Re: I Found a Cell Phone and Now Detectives Want to Talk to Me

    I did nothing wrong . Never used the phone, never intended to keep or sell it. I completly forgot i even had it. Should i have someone turn it in with a note of my side of the story . I am thinking about going into tge police department pulling oit the phone along with a note and leaving it on the counter and then calling the investigator outside. I dont want to get arrested. I don't know how but they found me somehow they say that I frequent that's grocery store all the time because they have a bar there he must have been looking for me that is why I am cautious I am an innocent man but the law can twist situations,

    "You failed to do so, making you a prime candidate for theft of lost"


    Penal Code 485 PC -- California's law against appropriating (or misappropriating) lost property -- prohibits you keeping property that you find when there are clues identifying its true owner.

    (1You are not required to go to extremes to identify and contact the owner. But the law says you must make a reasonable attempt to do so.)


    I will drop it off faq it!!

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: I Found a Cell Phone and Now Detectives Want to Talk to Me

    I don't know how but they found me
    Modern phones have GPS and send out a signal even when they are turned off. Pinpoints the exact location of the phone.

    I saw that on TV. Must be true.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: I Found a Cell Phone and Now Detectives Want to Talk to Me

    The good news is that you can probably return the phone and there will be no criminal repercussions. If you fail to return the phone, or, there are details beyond what you have described here, then your chances of being prosecuted rise a bit.

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