Didn’t say a person owns property they find that was misplaced. What I said is based on the facts and the law, a charge of theft cannot be supported. Didn’t say it didn’t have to be returned, just that having possession does not always equal theft. If it did, someone finding a wallet and picked it up with the intention of returning it would also be guilty of theft.
Didn’t say a person owns property they find that was misplaced. What I said is based on the facts and the law, a charge of theft cannot be supported.
Yes, it can be supported... the minute he sold it for $5,000 ... LOL ...
Didn’t say it didn’t have to be returned, just that having possession does not always equal theft. If it did, someone finding a wallet and picked it up with the intention of returning it would also be guilty of theft.
Selling lost property is theft (and it was sold for $5,000). And that can be applied to the person buying the lost property (and he bought it for $5,000).
If the original finder of the property had merely held onto it (and not done anything to appropriate the property for himself and/or sell it), then there wouldn't be a crime as it could be said that he was looking for the owner (of course, it would help to show that he was actually looking for the owner, like an ad in the paper, for example, a call to the police department to either have them hold it for whatever necessary time or so they could be made aware of the property).
BUT, that wasn't the case... and under California law, the seller committed a crime and the buyer committed a crime. I don't know if they've found the seller yet, though ... I'd lay real low if I were him ... LOL ...