For anything that’s not an obvious burglary tool or something else illegal, I might say “That? I don’t remember if we ever bought one of those, but we might have. If you can’t prove it’s the burglar’s or something he stole, it’s probably ours and we’d like it back.”
I actually now have possession of a crowbar that was dropped during a fairly unsuccessful burglary attempt on my house.
If only the would-be thief had written his name on it, I could (but would not) return it to them…
I have never used it, so I guess it is worthless, though knowing I have a crowbar gives me a tiny joy. One day, I could be a hero with a crowbar!
So, in short: legally no, practically yes.
I know this varies by location, but those of you talking about “evidence” and “fingerprints” might be interested to know that, in the burglary episode I described upthread, a police officer came (hours later), took a statement, and left. They barely glanced around the scene of the crime.
There was no evidence-gathering, no investigation, no follow-up, and no arrest.
mmm
When I worked at a convenience store, one of the security guys once grabbed a shoplifters bike, which had been left leaned up against the front glass of the shop for a quick getaway. Unsurprisingly the shoplifter didn’t come back for it. Police didn’t show up either.
Pretty certain it wasn’t really legal at all, but nothing ever came of it. One of the other staff wound up with the bike in the end (officially the security guy put it in the rubbish skip as abandoned, the staff member just retrieved it).
When I was a teenager many years ago my POS car was stolen. The idiots got pulled over for running a light about 3 blocks away and the car was returned to me within 24 hours with (a now-full tank of gas) and a car battery and several car radios in the back seat. I told the cop “those aren’t mine” and he said “yes they are kid” and left. I guess he didn’t want to deal with the paperwork.
I kept the battery, installed one of the radios and sold the other 2 to friends.
I guess there are set statutes of limitations both for burglary and for claiming lost items, and one is longer than the other.
If I had to decide I would feel that it would be fair if the SoL for burglary were longer than for claiming lost items, but evidently IANAL.
Just because something is left on your property doesn’t mean it’s legally yours. If a guest loses their gold necklace between the couch cushions, they would still be able to claim it back. Or if someone randomly parks their car on your property, the car wouldn’t become yours. Even if they abandoned it, you wouldn’t gain clear ownership of it. You couldn’t take it to the DMV and get it titled by saying “This car was left in my driveway”. For things that are lost or abandoned on your property, in order to gain ownership you’d have to turn it over to the police and have it progress through the system. That may mean it stays in evidence lockup for a certain amount of time and then ownership would be granted to you since you found it. Or it might go to auction and you’d have to buy it. No one will care for something minor like the gold chain in the OP, but technically you wouldn’t actually be the legal owner. If the burglar sues you to get it back, you’d likely have to give it back.
The doctrine of “unclean hands” would possibly apply. I’m not sure that you’d have to give it back.
It can do according to Cornell…
Abandoned property is personal property that was left by an owner who intentionally relinquishes all rights to its control.
…
In general, items that are abandoned or lost will go to the finder, unless the find is made at an owner-occupied residence. Mislaid items usually belong to the possessor of the place where the item is found
Good cite, thanks.
The additional aspect with that is that the property is abandoned. It’s not just that the item is on your property. It’s that it’s on your property and the owner doesn’t want it back. So if someone moves out of the country and parks their car on your driveway, you can probably eventually get ownership of it. But if they park in your driveway because they’re going to a party across the street, you probably wouldn’t.
See the words “left by the owner”? That means that it doesn’t pertain to the subject very much.
How so…
That sounds like being left by owner to me.
I agree with this.
Your legal argument is that he left it there. It was abandoned, and now it’s yours.
The burglar’s legal argument is that, no, he didn’t leave it there on purpose. He dropped it as he was leaving. It’s still his property.
And your legal response to that (called an Affirmative Defense) is “The only reason that you dropped it as you were leaving was because you were burglarizing the house, which is a crime.”
I think you’d win.
Here it’s called ‘stealing by finding’.
But presumably if enough time has passed for him to be no longer at risk of arrest for burglary then enough time has passed for it to be considered abandoned
Sounds like the bike was probably stolen, too. Did they check with the police if anyone had reported that bike being stolen from them?
Even if it’s legally yours, do you really want to be in possession of something a criminal thinks belongs to them? When they broke into your house, it wasn’t personal; now that you’ve stolen from them (as they’ll see it), it is. It just seems like more trouble than it’s worth.
If it’s “abandoned”, then it’s not “property” and there is no “theft”.
Also, in my state: “A person’s appropriation of property belonging to another is not to be regarded as dishonest if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.”
And, if you don’t “intend” to keep it, just later decide to “convert” it, that’s also probably not theft by finding.
In the 50 different states, there are grey lines, which is what makes the question interesting,
This is the response I was inviting. But note that if the property has been “used in connection with” a crime, it may now forfeit to the government, and you have the responsibility to give the government opportunity to claim the item.
The clock starts at different times. For lost property, the clock doesn’t start until you start searching for and trying to notify the previous owner.
A car is a bad example. There are specific rules regarding motor vehicle ownership and theft, different to the rules regarding money or other items left on your property. Also,
You probably didn’t mean that the way it turned out. For “things” that are “lost or abandoned on your property”, there are rules, but those rules are mostly not to “turn them over to the police”.