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Larceny or Extortion this seriously can't be legal?

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tdecks

Junior Member
Louisiana - Before anyone comments on my own personal character please know that I am embarrassed about this incident and fully accept my responsibility so please no comments but legal perspectives. I recently visited a casino in Louisiana after a long night of gambling at around 5 AM my friends and I were returning to our rooms. I was in an elevator alone and looked down to find a day planner lying on the floor. I picked up the day planner to look for a name extra. In the planner was some what looked like forged checks and some scribble. I could not find a name. In one section I found a few hundred dollars. In my intoxicated state I figured no name, I did not have to return the item. I threw the planner away and put the money in my pocket.

Three hours later the hotel security comes with a police officer to my door and wakes me up. They ask about the item and we discussed the issue. I agree to return the money and proceed to give them all the money in my wallet which as around $650 including all the money I had which was between $100-$200. The police officer then stated that the victim stated their was $1160 in the planner and I must return it immediately or be arrested. I even told the officer that he was holding all the money I had and that he could return it to the person. He stated again that I must come up with $1160, I protested and told the officer to take me to jail as the person is lying about the amount. As I got ready to be taken my friends got the money together and pleaded with me to not go to jail. We paid the money to the officer and that was the end of it.

Is this legal and should I have gone to jail to face the courts? It seems to me that the victim who I clearly wronged was using this situation to extort money from me that they did not lose. If this is legal why isn't everyone leaving wallets in hotels with say 100, $1 dollars bills and waiting for people to take them and then claim a much larger amount? My second question is what if any legal options do I have to recoup the extra money I paid? Maybe there is none and I take this as a life lesson but I don't think this is justice and just wanted to get some feedback.
 


Kane

Member
1.) According to your version of the facts (that you found some cash on the ground and that there was no way you could have returned it to the owner) you did not, in my opinion, commit theft.

2.) The police have wide discretion when it comes to deciding whether to make an arrest. They certainly could have made that arrest, if they had chosen to do so, and if they had, it would have cost you - at minimum - a night in jail, bond money, lawyer's fees, and an untold number of court appearances. In the end, the result would not be certain.

3.) Financially speaking, you made the right decision. Ethically...? Not so sure.

Edit: You have no option for getting the money back. You could sue, I suppose, but it wouldn't be worth your time.

Victims in cases where there's restitution routinely exaggerate the amount of damages. There was a case (for example) where there was a car accident and a car caught fire and burned and the woman claimed she'd been driving around with thousands of dollars of cash that night...
 
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alphawav

Junior Member
Sorry to hear about your situation. I'm not familiar w/ Louisiana law but hopefully someone else here will chime in and make things clearer for you.

Definitely a life lesson... Casinos (and many other places) are being wired up and everything you do (and even SAY) is being recorded so ethics is the way to go these days. Had you fully returned the planner, or maybe taken the money and returned the planner to the lost and found, the outcome (may have) been different.

I do agree with the other poster, and I think you were treated unfairly by the police, and you should research that. I mean, there is no proof that there was $1,xxx dollars in there so how could they accuse you of that? Unless they can zoom in to the camera and see exactly the bills and the denominations when you took the money out of the planner (lol....they most probably cannot, unless you counted them out, one by one). You'd be amazed at the quality of video in private locations, though, especifically casinos, so think carefully about exactly what you did and what happened after you "picked up the planner".

I'm pretty sure that if you find something on the floor you can't be accused for "theft". Unless you pick-pocketed someone and it's on video. You may have to make a claim for your money against the police, or the hotel/casino, or the accuser who lost the planner, but I guess researching the theft laws (in private property) of your state and a few calls to some attorneys for some free consultations will be good.

Sorry I wasn't much more of a help :eek:
 
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tdecks

Junior Member
Thank You

Thank you all for your advice and comments on the situation. In response to the person asking if there were names on the checks. There were names, several in fact but written in the same handwriting. I fully admit that my intentions were not honest at all but I could not readily identify the person it belonged to but obviously if I had taken it to lost and found this would have been resolved. I have researched the laws in Louisiana and it is in fact a crime either a misdemeanor or felony depending on the amount. I also found out that the amount I paid is also a form by definition larceny by extortion and is also considered a felony. I know for a fact that they did not know how much money was in the planner because they would not have asked me for additional money. I think I am going to look into my legal options. It may not be worth it but I don't like the idea that security and police can threaten arrest in order to take money. We are still in America aren't we? If I committed a crime I should be arrested and if I didn't I should not. I know I am an idealist. Thanks again for your thoughts.
 

BOR

Senior Member
tdecks, there is probably nothing unconstitutional or illegal (??) about asking a person who they have probable cause to arrest on scene to avoid arrest by making restitution on scene.

I have not been able to find online any LA law on the duty to return lost property.

If the law states lost property is NOT the property of the finder (emphasis added), it probably states it must be turned into the police.

You say you researched LA law on the subject, post it for me to read. I need a specific law now.

In may state, Ohio, the finder of lost property has all claim to it against anyone in world (emphasis added), except the true owner.

However, if I can readily identify the owner and keep it, it is then theft.

However, LA law controls here, of course.

Here is the crux. The true owner states there was over a grand, you say there was not.

IF the offense of keeping it was arrestable, then that is settled law. The gravaman then becomes one of what classification they have probable cause to charge under, misdemeanor or felony.

For them to prove "beyond a reasonable doubt" there was a felony level amount, if charged with felony theft, would be difficult, IMO.

A lawyer would need to be consulted to clarify your rights.

You should have chosen arrest if they had PC to do so, and if indigent, for a felony or misdemeanor, a court appointed attorney would be provided.

Did you get a receipt for the money with a field report/police report stating what transpired?
 
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