Let’s say that a burglar breaks in, and my trusty rottweiler Mayhem gives him The Business. In the process of running out the door, he drops his gold chain.
Is it legally mine now?
No-it is evidence that the police will want.
Does it being caught on security camera affect this?
NOTE: Nothing of the sort has ever happened to me, I’m just wondering.
I don’t understand under what legal principal it could be yours.
Finders keepers?
I joke only as question already answered.
Several years ago my in-laws’ house was broken into while we were out with them for the day. The breaker-inner left assorted tools behind. They didn’t want them so I gathered them up and assumed ownership.
The police could not have cared less.
mmm
IANAL.
But trying a few AI’s:
If the burglar claims it was theirs, no way you get it. But, one AI said, there’s little chance the burglar will admit it is theirs because that would effectively be a confession..
So then, after the police are done with it, who gets it will depend on local lost property rules. Maybe the state will sell it at auction. But maybe it will be yours. So I read.
I’m guessing that there was no subsequent arrest, let alone conviction. Right?
A guy I knew in high school was a drug dealer. His car got stolen with his drugs in it. The thief was caught in the car. The victim had to identify his car and possessions that were in the car. One of the items in the car was his backpack containing the drugs he sold, he told the police “that is not my backpack,” and the car thief was also charged with possession with intent to distribute. He stole the wrong car.
!! That’s where it gets interesting. It’s in your possession. You may assume ownership providing the previous owner does not claim the item, but that requires that the previous owner has opportunity to reclaim item.
If previous owner will be arrested on reclamation, that suggests previous owner has not had “real” opportunity to reclaim, and ownership has “not” passed with possesion.
Thief drops valuable (price and emotion) engagement ring on your floor during theft. After expiration of statute of limitations, thief sues for recovery. What will the courts decide?
But if the burglar uses your phone to win a radio call-in contest…
So, you ask the cops you called if they want that as evidence. They will likely say yes.(if they say no, sure, keep it then, but) Now, let us say it isnt even worth calling them- maybe nothing but a crowbar.
But maybe that is the burglars favorite crowbar and he will come back to get it.
How much is a used crowbar worth? Not the worry, certainly.
I’m sure and they would probably not have any problem with you keeping it either. That doesn’t mean there is any legal justification making it your property.
Though is there some concept of abandoned property reverting to the land owner? If someone abandons a car on your lawn does it become yours at some point?
There is some legal concept of “finders keepers”- the ruling of " de minimis non curat lex". I mean, a bag full of cash? You turn it in, and hope for a reward or it doesnt get picked up by the rightful owner.
But a loose $20, or a used crowbar? Once the Police have cleared you on the crowbar- *de minimis".
Yes, if something is on your land, there are legal ways to charge a reasonable rent , put out notices, etc, and confiscate it for past rent. But if the value is small (see above) it is not worth it.
If a burglar leaves something behind, first you tell the police and let them decide whether or not it is to be considered evidence. If they decide not to take it, you need to try to return the item to the rightful owner…whether it be the burglar, or the people they stole it from.
How would that not be worth telling the police about? It’s a burglary tool, which all by itself might make it relevant evidence (for instance, it’d help rule out a defense of “I was drunk and wandered into the wrong unlocked house”). And it might have fingerprints on it, too (or maybe not, but the police would have to examine it to determine that).
If the burglar didnt take anything of real value, the police do not want to be called out- and nor should you- depending on damage done, of course.. Say they took $20 of your stuff- do you want to spend several hundred dollars of taxpayer money on it? Does every shopkeeper want to call the police for a kid who steals a candy bar?
Some time ago, someone broke my car window and stole about $4 in change. Worth calling the police? I didnt think so.
Not your decision. You call and tell them about the burglary, and you tell them about what was left behind.
In California, and i bet in other states- For most minor property crimes - there is no legal requirement that requires a victim to report the crime to the police. There are some crimes which have mandatory reporting- Burglary of a small amount isnt one of them.
In California, the general rule is that citizens are not legally required to report all crimes they witness. Unlike some other states, California law does not impose a broad duty on individuals to report crimes simply because they have observed them. For instance, witnessing a minor offense such as jaywalking or speeding does not obligate a person to notify authorities
That usually applies to land itself. For instance, if a railroad buys a strip of land on the edge of your farm, then if the railroad is later abandoned, that land reverts back to you. The same goes for a street. When the municipality vacates a street, either because it’s not needed anymore, or more likely, because it was never built in the first place and only exists on paper, then the property is divided in half down the centerline and it reverts to the landowners on either side. Those are often still separate deeded parcels that you could consolidate back into your original property if you want, but the main thing is the ownership transfer.