iPod stolen or not?

[bzdmk]

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

Long story short:

Sister dropped her ipod in the building community where she lives on the way to her apt from the elevator.
Somebody was kind enough to find it and post signs to find the owner.
After realizing she had lost the ipod, my sister called the number posted to claim it.
She spoke to a lady who confirmed that it was her ipod and asked her to come by after 2 PM to pick it up.
We had some errands to run and we got back around 6 PM. As soon as we got in we called her. Her husband answered the phone and told us she was not there. So we asked if it'd be ok to stop by and pick up the ipod.
He then told us he sold it to a pawn shop to get some money for medication.

The pawn shop says they have to wait 35 days as a legal procedure to put the ipod for sale at their store.

Now, I don't know what to do and your help will be greatly appreciated!
1) Do I wait and have the person who found it try to recover it? What if they sell it before we can recover?
2) Do I even have a case to go to small claims?
3) Should I file a police report?

I just want the ipod back... It was a limited edition of pink iPods with proceeds to Africa...
Please help... Thank you for reading...

 

[justalayman]

file a police report. What the woman did was illegal, period.

Hopefully you can identify the iPod by something other than it is pink. The police should confiscate the iPod as part of their investigation or at least order it not be disposed of. You should owe nothing to retrieve your iPod from the police or the pawn shop.

 

[bzdmk]

Not so fast...

So we went to the police station to try to file for a report...

Police said that it's not considered a crime because it was no taken from inside of the home. Therefore, it's a civil matter and the only way to get it back is to sue them...

Really?? I'm so disappointed that there's nothing I can do...

 

[justalayman]

they are simply full of crap. they simply do not want to get involved with it.

Yes, it could be taken care of in a civil court but why should you? the person did not have permission to take the iPod. they sold it for financial gain without your permission. that is a crime.

I would contact the DA if the police feel it is not worth their trouble.

In the meantime, start gathering what you need to sue in small claims court if you can't get the keepers of the laws to do their jobs.

Gee, I wonder what the cop would say if I took his car from the parking lot at the mall? I guess since it wasn't in his house it isn't a crime.

here is a california statute that I believe covers the action:

california penal code 485. One who finds lost property under circumstances which give him
knowledge of or means of inquiry as to the true owner, and who
appropriates such property to his own use, or to the use of another
person not entitled thereto, without first making reasonable and just
efforts to find the owner and to restore the property to him, is
guilty of theft.

 

[justalayman]

they are simply full of crap. they simply do not want to get involved with it.

Yes, it could be taken care of in a civil court but why should you? the person did not have permission to take the iPod. they sold it for financial gain without your permission. that is a crime.

I would contact the DA if the police feel it is not worth their trouble.

In the meantime, start gathering what you need to sue in small claims court if you can't get the keepers of the laws to do their jobs.

Gee, I wonder what the cop would say if I took his car from the parking lot at the mall? I guess since it wasn't in his house it isn't a crime.

here is a california statute that I believe covers the action:

california penal code 485. One who finds lost property under circumstances which give him
knowledge of or means of inquiry as to the true owner, and who
appropriates such property to his own use, or to the use of another
person not entitled thereto, without first making reasonable and just
efforts to find the owner and to restore the property to him, is
guilty of theft.

 

[bzdmk]

Thank you!!

Really... thank you very much..

I'll try this and see what happens.... ^^ (will keep you posted!)

Have a good weekend!!

 

[justalayman]

no problem and yes, updates are nice.

 

[bzdmk]

I forgot to ask...

Quick question before I go...

Are there any penalties or consequences to the pawn shop that bought the ipod??
They're insisting that they have to wait 35 days to be able to sell it back...

Thanks...

 

[justalayman]

t basically, unless they were aware it was stolen when they purchased it, they have not committed a crime.

this is another reason you need to have the police actually view this as a criminal act. It will stop the iPod from being sold by the pawn shop. Once it is considered to be illegally gotten goods, the police can take it as evidence or at least order it be retained until something is settled.

 

[TheGeekess]

Was the iPod registered with Apple? If so, your sister should be able to contact them and get the serial number. That will help in ID'ing the iPod.

Also, there is a list of all iPods that iTunes recognizes in either C:\Documents and Settings\<user>\Application Data\Apple Computer\iTunes or C:\Documents and Settings\<user>\Local Settings\Application Data\Apple Computer\iTunes. There is an XML file with all the serial numbers in it.

 

[bzdmk]

Thanks again!

You guys are awesome!!

Thanks... *happy tear!*

 

[justalayman]

very good point and addition. I hadn't thought of that. I'm one of those paranoid people that don't register anything...except for my aluminum foil hat.

 

[TheGeekess]

very good point and addition. I hadn't thought of that. I'm one of those paranoid people that don't register anything...except for my aluminum foil hat.

I usually don't register things, either.

 

[Banned_Princess]

I usually don't register things, either.

never ever... its such a hassel to go through. then you have to remember what you did with the password... usually i never need it again.. on and on.

lol.

 

[bzdmk]

Yes...

It's a pain to register things...

But lesson learned... I shall register all my belongings...

I'll keep you guys posted...

Thanks for the help... and wish me luck~!! ^^