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  1. #11
    Join Date
    Feb 2020
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    750

    Default Re: Possible Warrant for Arrest

    Quote Quoting RJR
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    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?

  2. #12
    Join Date
    Sep 2018
    Location
    Ohio
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    434

    Default Re: Possible Warrant for Arrest

    Quote Quoting Harold99
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    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.

  3. #13
    Join Date
    Feb 2020
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    750

    Default Re: Possible Warrant for Arrest

    Quote Quoting RJR
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    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.

  4. #14
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    Sep 2018
    Location
    Ohio
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    434

    Default Re: Possible Warrant for Arrest

    Quote Quoting Harold99
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    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.

  5. #15
    Join Date
    Feb 2020
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    750

    Default Re: Possible Warrant for Arrest

    Quote Quoting RJR
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    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.

  6. #16
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    434

    Default Re: Possible Warrant for Arrest

    Quote Quoting Harold99
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    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.

  7. #17
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default 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.

  8. #18
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Possible Warrant for Arrest

    Quote Quoting cdwjava
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    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.

  9. #19
    Join Date
    Feb 2020
    Posts
    750

    Default Re: Possible Warrant for Arrest

    Quote Quoting cdwjava
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    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.

  10. #20
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    23

    Default Re: Possible Warrant for Arrest

    Quote Quoting Harold99
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    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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