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  1. #11
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Theft of Store Property Charge Against Wishes of Store Owner

    Quote Quoting Harold99
    View Post
    I do not agree!

    I once sent a letter to a judge during a murder trial that I was observing from the stands.
    You weren't a party to the case and the letter was shared with all of the parties. And BTW...

    Attention Readers,

    Harold99 posts for no other reason than to take shots at senior members of the forum and lawyers in general. *It would be wise to ignore whatever he writes. While the person posting under the name of Harold99 has been banned from this site at least 3 times but, due to the current lack of moderation, he isn’t being banned. Hopefully, that will change in the future but for now, we have to live with it.

    For now, I suggest you simply ignore his posts but if you do read them please read any responses posted by the more rational members.

  2. #12

    Default Re: Theft of Store Property Charge Against Wishes of Store Owner

    @Taxing Matters
    1. A pedestrian commuter must be considered not wealthy, but destitute (get a civics course on the Konstitushun for clarification). I will be defending my impoverished self b/c a P.D. will warn the store to destroy videotapes such as showing me informing the store owner that the police are using a non-existent bicycle their robbery perp confessed to using in committing the robbery (abandoned by said videotaped criminal). The store would normally be sued for, effectively, NOT forcing me off the property, AND lying to me about the public good produced by my presence and actions in the incident, and thereby endangering me throughout.

    2. The state was therefore allowed to attack a member of the public who was lured into an unknowing status about his legal propriety upon the premises, when a warning should have sufficed to prevent my return. After the chase, the Owner gave me the bike and I went home. I later tried to retrace the chase in a borrowed car, but the neighborhood is very complex and I ended up in the parking lot, which hours later still had the police units and chase participants lined up on the frontage. The Owner had copious opportunity to warn me of any change of heart towards me. AND, since when to local police go onto licensed private premises to effect ANY harm to the public without the Owner's assent? That is for the Feds, only.

    3. The Dumpster Diving Ruling applies to virtually ALL abandoned items, valuable or not.

    4. You are alleging that the state has the right to GIVE store property away to a robber of that store? Well, you ARE exquisite, aren't you! Can you conjure a public good to ascribe to that act?

  3. #13
    Join Date
    Sep 2020
    Posts
    178

    Default Re: Theft of Store Property Charge Against Wishes of Store Owner

    Sorry - I misspoke earlier. This poster is a real crazy steaming pile of dung.

  4. #14
    Join Date
    Feb 2020
    Posts
    750

    Default Re: Theft of Store Property Charge Against Wishes of Store Owner

    Quote Quoting PayrolGuy
    View Post
    You weren't a party to the case and the letter was shared with all of the parties.
    Then you must really have a problem with TM's comment that "it would likely be tossed in the trash."

    But carry on with your comments that are backed with no legal or courtroom experience.

  5. #15

    Default Re: Theft of Store Property Charge Against Wishes of Store Owner

    Harold99 is technically correct (thanks, Harold99). I can best give my materials to the store Owner (or via civil atty, if one exists) for him to vet and if he knows what's good for him Owner will send it on to the Prosecutor for dismissal of charges. The Judge one real job is to enforce "presumption of innocence," and if I act guilty to him, he has only the ABA to worry about (unlikely.)

  6. #16
    Join Date
    Sep 2020
    Posts
    178

    Default Re: Theft of Store Property Charge Against Wishes of Store Owner

    Quote Quoting Cymulacra
    View Post
    Harold99 is technically correct (thanks, Harold99). I can best give my materials to the store Owner (or via civil atty, if one exists) for him to vet and if he knows what's good for him Owner will send it on to the Prosecutor for dismissal of charges. The Judge one real job is to enforce "presumption of innocence," and if I act guilty to him, he has only the ABA to worry about (unlikely.)
    That's not how it works...that's not how any of this works.

  7. #17
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Theft of Store Property Charge Against Wishes of Store Owner

    Quote Quoting Harold99
    View Post
    Then you must really have a problem with TM's comment that "it would likely be tossed in the trash."
    Murder case and a stolen bike case. Those are totally the same thing.

  8. #18
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    434

    Default Re: Theft of Store Property Charge Against Wishes of Store Owner

    Quote Quoting Cymulacra
    View Post
    Anyway, I am citing SCOTUS Calif VS Greenwood 1988.
    One aspect of Greenwood was the internal statement that reads under their own constitutions States can afford greater protection than the 4th AM provides?? Is this your reference that applies your facts?

  9. #19
    Join Date
    Feb 2020
    Posts
    750

    Default Re: Theft of Store Property Charge Against Wishes of Store Owner

    Quote Quoting PayrolGuy
    View Post
    Murder case and a stolen bike case. Those are totally the same thing.
    You are correct... in that no two cases are the "same thing."

    Why don't you comment on what you have experience with? Also, let TM do his own responding. I'm sure he doesn't need you helping him out.

  10. #20
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Theft of Store Property Charge Against Wishes of Store Owner

    Quote Quoting Harold99
    View Post
    You are correct... in that no two cases are the "same thing."

    Why don't you comment on what you have experience with? Also, let TM do his own responding. I'm sure he doesn't need you helping him out.
    No, he doesn't but I'm treating you like a misbehaving child, trying to wear you out so you will go to sleep.

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