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Is there a case in stolen car issue?

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mtnstyne

Member
What is the name of your state (only U.S. law)? Idaho

I will try to make a long story short.

I am in the Army and stationed in SC. I had a car in Montana on some property owned by family. It was stolen by a guy (he has been identified) from Idaho who sold it to another guy from Idaho that he knows through Facebook.

I located the car because the guy who has possession of it in Idaho was parting it out on Craigslist (I am persistent). I called the local police and they went to the property and confirmed it was my car and that it was stolen.

The guy who had the car notified the guy who stole the car that it had been found by the police. The guy who stole it in Montana left town before the keystone cops in small town could obtain a warrant. It took about 3 weeks to get a warrant for his arrest...

Now the question. The local police in Idaho didn't do squat and I doubt they are going to file charges. My car is completely destroyed (the engine was in the guys basement) and still sitting in his driveway. I am having no luck in even getting it hauled off. I can have a salvage yard remove it and they will give me $100 for scrap. The value of the car was only about $3k before it was stolen. Would there be a case to file against the guy who has the car still even since the police won't file charges for possession of stolen property? I have the title and keys.
 


tranquility

Senior Member
The only way you can get something from the possessor is if you could prove he knew the car was stolen. Lack of title may be enough. Even if the guy bought the car from someone, the fact he parted it out before gaining title is a problem. I'd try it. It is a small claims suit so it wouldn't be that expensive to try.
 

mtnstyne

Member
The only way you can get something from the possessor is if you could prove he knew the car was stolen. Lack of title may be enough. Even if the guy bought the car from someone, the fact he parted it out before gaining title is a problem. I'd try it. It is a small claims suit so it wouldn't be that expensive to try.
That is what I was afraid of. I have learned a lot from this experience.

1) It is fine to steal property as long as you remove it from the state you are stealing from and do not return. Most states don't extradite for crimes of this nature. The kid who stole the car was questioned by police in Montana, had a warrant in Idaho for drug possession but that doesn't matter accross state lines.

2) I can buy stolen property from anyone as long as I don't know it is stolen so it is best not to ask and then play dumb later.

3) The only justice served in this country is served in person.
 

tranquility

Senior Member
That is what I was afraid of. I have learned a lot from this experience.

1) It is fine to steal property as long as you remove it from the state you are stealing from and do not return. Most states don't extradite for crimes of this nature. The kid who stole the car was questioned by police in Montana, had a warrant in Idaho for drug possession but that doesn't matter accross state lines.

2) I can buy stolen property from anyone as long as I don't know it is stolen so it is best not to ask and then play dumb later.

3) The only justice served in this country is served in person.
1. Huh?
2. Willing ignorance is not a defense. That's why the title matters in this case.
3. Sheesh.
 

mtnstyne

Member
1. Huh?
2. Willing ignorance is not a defense. That's why the title matters in this case.
3. Sheesh.
I will try to explain a little clearer without the emotions playing in it.

1) He stole a car in Montana - there is a Montana warrant for his arrest for this plus something else that the police didn't elaborate on. He missed a court date about a week after he returned to Idaho. Since he is now in Idaho he is basically free and clear of the Montana warrants unless he returns to the state.

Same as he had an Idaho warrant when questioned in Montana (prior to the warrants in Montana being issued) but it isn't enforced in Montana because Idaho won't extradite either.

Yes if he gets randomly stopped in Idaho now he will get picked up for the Idaho warrant but not the Montana warrants.

2) Willing ignorance is a good enough defense against criminal charges or there would be charges already filed.

3) :cool:
 

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