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  1. #11
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employee Property Return

    Logic and the law have very little to do with one another. And that's the last word I have to say on the subject; I'm not going to sit here and play what-if games with you.

  2. #12
    Join Date
    Mar 2009
    Posts
    10

    Default Re: Employee Property Return

    Oh I'm sorry, I thought this forum was just for discussion curiosity. Sorry, but thanks so much

  3. #13
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Employee Property Return

    Quote Quoting drgingersnap
    View Post
    One other possibly stupid though that crossed my mind. If it is not illegal to take someone from someone and hold it for a while, then give it back before the police show up, are you allowed to shoplift and then return 20 minutes and toss it to the cashier and because you broke the law, but made amends, it's okay?

    Your comparison is outside the mainstream of law.

    If it was a government entity, they can only temporarily confiscate items as you lay out, as they are constrained by the 4th AM. If the laptop was considered contraband for some reason (emphasis added) they may be able to temporarily hold it.

    If they had no bonafide reason to confiscate it, it is tantamount to theft, yes, and a possible 4th AM violation. We have had threads here about students wanting to know when the school confiscates thier cell phone after a policy violation, is it legal and how long can they hold it. Your facts are in line with that.

    IF, IF, you wish to infer such, consult an attorney for a case evaluation.

    Also, mercantile establishments are not constrained by the 4th AM, so if they say no problem after you return it, that is thier business, it does cancel the fact the law was initially broken.

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