Finders' Keepers?

[Lemxark]

What is the name of your state?CA

Well, this is just a scenario, if a person was walking by a dumpster and found something that caught his eye so he took it home, cleaned it, and sold it on ebay or something, would that be a crime? If not, if the item was previously stolen by others but they ditched it at the dumpster and he found it at the dumpster and sold it, is it a crime?

Take your time answering, thanks for checking this out.

[racer72]

You: Your honor, I found the stolen item in a dumpster behind a store. I did not know it was stolen.

Judge: Yeah, right. Guilty as charged.

Judges hear lame excuses everyday. And they have all probably heard that one. And you have heard the phrase "Possession is 9/10th's of the law". That is why the crime is called possession of stolen property.

Originally Posted by Lemxark

What is the name of your state?CA

Well, this is just a scenario, if a person was walking by a dumpster and found something that caught his eye so he took it home, cleaned it, and sold it on ebay or something, would that be a crime? If not, if the item was previously stolen by others but they ditched it at the dumpster and he found it at the dumpster and sold it, is it a crime?

Take your time answering, thanks for checking this out.

If you possess stolen property, then you are guilty of possessing stolen property, even if (insert your explanation here).

[CdwJava]

Originally Posted by Lemxark

What is the name of your state?CA

Well, this is just a scenario, if a person was walking by a dumpster and found something that caught his eye so he took it home, cleaned it, and sold it on ebay or something, would that be a crime? If not, if the item was previously stolen by others but they ditched it at the dumpster and he found it at the dumpster and sold it, is it a crime?

Take your time answering, thanks for checking this out.

Sure its a scenario ... if you provide the real story, maybe someone can help. Otherwise, the presumption is likely to be that you either stole it or that (at best) misappropriated found property - a crime in CA.

- Carl

[calatty]

Claim of right would be a defense to any theft charge under those circumstances. A defendant’s honest belief, even if mistakenly held, that he had a right or claim to the property taken negates the felonious intent necessary to convict him of theft. The defendant need not show the claim of right was reasonable. An unreasonable belief that he had a legal right to take the property will suffice so long as the claim was made in good faith.

Mistake of fact would be a defense to a receiving stolen property charge, because it negates the knowledge element. A person who receives stolen property under a bona fide claim of right – as where he honestly believes it to be his own property or to be no one’s property – cannot have an actual belief that the property is stolen, and so cannot be guilty of the crime.

This is not to say that the jury would buy those defenses in your particular case.

Originally Posted by calatty

Claim of right would be a defense to any theft charge under those circumstances....

What does the book say about how a claim of right originates?

Walking by a trash can and filching something therefrom doesn't look like much of a claim of right to me.