Police dept violating my rights

[CdwJava]

Well, once the business is told, "These items are stolen property," then the business owner/manager/staff would have knowledge that it is stolen and, in theory, could be charged with a crime if they retained possession (if the law does not exempt them in some way).

 

[Ljh815]

Here's how the last incident went down...

Pd calls and says they have a report of a tv stolen. They give me the details and I say yep it's here. They ask for a copy of bill of sale and I say I'll have it ready. They show up 15 mins later, I give them a copy, pick the guy out in a photo lineup, and they say we're taking the tv. I ask for a court order (or something in writing telling me they have the right to take it) as recommended by a retired dea friend of mine. They look at each other, walk outside and come back 10 mins later. They tell me if I don't give them the tv they will get a search warrant and come and arrest me for obstruction. I say guys I'm not obstructing anything the tv is right here on the counter. By all means, if you have the right to take it there it is. I'm simply requesting something in writing from you. They proceed to lecture my wife and I for 15 mins never showing us any law. They take the tv.

As they are leaving, I recall what a detective from another department told me a year earlier... We are not going to take your merchandise, we want you to work with us. Hmmm... food for thought.

Amazing the difference in attitude and policy of 2 pd's less than 15 miles apart.

In addition to all this cooperation, I normally have to pull the video and give them a copy of that as well; Which takes about 25 mins on a slow day. In about half the cases, I get subpoenaed and have to take a day off work to testify. Really makes me want to bend over backwards for these guys. Or mayb just bend over huh.

 

[FlyingRon]

A receipt that they took it wouldn't be inappropriate, but they probably don't need any "court order" to recover evidence that is in plain sight.

Again you must understand, you don't have RIGHTS to stolen merchandise no matter how you obtained it. It's NOT yours. It wasn't ever legally yours any more than it was legally owned by the person who sold it to you.

 

[Zigner]

A receipt that they took it wouldn't be inappropriate, but they probably don't need any "court order" to recover evidence that is in plain sight.

Again you must understand, you don't have RIGHTS to stolen merchandise no matter how you obtained it. It's NOT yours. It wasn't ever legally yours any more than it was legally owned by the person who sold it to you.

Evidence is a key word here

 

[OHRoadwarrior]

Not to be snarky but if you do not like the costs associated with your business, perhaps you should sell it and buy another you find more agreeable.

 

[Ljh815]

Not to be snarky but if you do not like the costs associated with your business, perhaps you should sell it and buy another you find more agreeable.

It's not really a cost issue... Just frustrating, and I needed to vent!

If it was a common occurrence I would not be in it.

 

[aardvarc]

It's not really a cost issue... Just frustrating, and I needed to vent!

If it was a common occurrence I would not be in it.

The reality you're likely facing here is this: you are in a business where you are taking merchandise from people, and you have no real way to cover your ass as far as the items being stolen property. Not unless you only take items with unique serial numbers AND are calling your local PD or sheriff's office every day to run those items to see if they have been reported as stolen as of that moment, or, even better, holding the items for 2 weeks and THEN asking to have them checked (to give owners time to notice and report the theft and law enforcement time to enter the item as stolen). Unless that's the procedure you're following, you're at risk for accepting stolen property, and assuming the associated risk with doing so. Ergo, it's in your best interest to do SEVERAL things:

a) insist on excellent ID from those selling property to you for resale and keep good records;

b) include a thumb print from the seller (or similar) on paperwork associated with each item;

c) safest is to only accept items that have a unique manufacturer-added serial number or unique identifier;

d) work with your local law enforcement - in my county pawn shops and similar businesses submit reports to the sheriff's office, who in turn runs ALL the items to check stolen status. See if your area has something like this, or if there is a system in your area to check merchandise BEFORE you accept it; and

e) work with law enforcement to help in the investigation, prosecution, and conviction of thieves using YOUR business for THEIR profit, and ask the court to make restitution part of any criminal sentence (otherwise, you have to sue them in civil court, and we all know that most people scamming merchants with stolen property don't have two pennies to rub together even if you WON a civil case against them....MUCH better for your bank account if their repayment to you can impact their freedom via being part of their probation).

 

[CdwJava]

Federal case law does provide that a pawnbroker or second hand dealer does possess a "property interest" in such seized property. The process how this is resolved is laid out under several statues in my state, I suspect they are also laid out under IL law, too. But, even then, the store owner does not have to get paid, the issue is either worked out between the crime victim and the store owner, or it is sent before a judge who shall decide the matter.