Robbed while the cops were there.

[jay.t]

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

I was with some friends (all u21), drinking, and we got the attention of some cops, we were in a busy place. They had us all in cuffs around their cars, and were searching us since they knew somehow 1 of us had bought some alcohol with a fake ID. So this cop had taken stuff out of my pockets and put it on his car. For some reason this other cop moved me and I was leaning against another car looking at my stuff. First cop walked off, looking in my wallet. Then I see Random Stranger go past and grab my phone that was sitting on the car. I was telling the cops AS it was happening. But they just thought I was making a diversion or something (cos I wasn't real co-operative) and he was asking me questions. My friend was backing me up. And we all argue for while and finally the cop with my wallet says "...uh...yeah....he had a phone" (yeah I HAD a phone). But they didn't seem to care too much. I admit my friends and me were being kind of smart about it being dumb to get robbed while there were 4 cops around and how maybe if they turn around they might see some crime.

So in the end, they let us go with citations (maybe they did feel sort of bad - I thought we were going to jail for being smart asses). And I said "what about my phone?". And the cops just said "report it stolen".

Is that really all I can do? Who was responsible for the phone at that time? Weren't the cops responsible since I was cuffed and taken away from my personal belongings? They took the phone from me so didn't they have the responsibility to look after it?

 

[CdwJava]

Report the petty theft and then make a claim to the agency for the loss. Be sure to attach some proof of the value of the phone along with the claim, and they may ask that you fill out some form articulating the circumstances about the loss of the phone. If they deny the claim, you can take them to Small Claims Court.

Yes, if they removed your stuff from your pockets, they are generally responsible. If it occurred as you say, then they will likely have to pay for a new phone.

It seems odd for someone to steal when the cops are right there, but, some crooks have stones.

 

[jay.t]

Report the petty theft and then make a claim to the agency for the loss. Be sure to attach some proof of the value of the phone along with the claim, and they may ask that you fill out some form articulating the circumstances about the loss of the phone. If they deny the claim, you can take them to Small Claims Court.

ok. cool. So I just go to the police department who did the citation and say I want to do this? I think I still got the receipt. I'll take the citation too I guess?

Yes, if they removed your stuff from your pockets, they are generally responsible. If it occurred as you say, then they will likely have to pay for a new phone.

Good!

It seems odd for someone to steal when the cops are right there, but, some crooks have stones.

Yeah, well that's probably why they didn't believe it! They were so sure it wasn't happening RIGHT behind them. By the time they reacted and said "who was it?", we're like: look 7 blocks down that way cos he started running. It was that little guy. He looks so small because he's SO-FAR-AWAY.

He was gone. Guy had balls right?? Probably drunk too.

 

[CdwJava]

ok. cool. So I just go to the police department who did the citation and say I want to do this? I think I still got the receipt. I'll take the citation too I guess?

They will not be able to deal with the citation there, but you can contact the agency or the city/county to which the agency belongs and ask how to make a claim.

As an alternative, you can make a personnel complaint against the officers and make certain you articulate the circumstances and the loss. The end result might be compensation for your loss. Or, at least, you will have a paper trail that might support you in your claim for damages.

Cities and counties have different methods for making a claim. How you choose to do it is up to you, and you may have to make a few calls. You might want to start with the agency involved and ask to speak with a supervisor. They might be amenable to your complaint up front. Or, you might have to make a formal complaint followed by a complaint. It's hard to say. The last one we had in my agency the plaintiff had to take the issue to Small Claims Court.

 

[dave33]

Forget about the phone.

 

[jay.t]

Every time you say 'agency' you mean police department right?

Yeah, I know they can't do anything with the citation there, I just figure it's connected to more information that they'd already have about it, some report or something.

The last one we had in my agency the plaintiff had to take the issue to Small Claims Court.

blaah. really? You make this all sound like something that could take a while?
I'm kind of getting the impression that they're just gonna be like "you pi$$ed us off so doesn't that suck for you" instead of being friendly about compensating me for my loss.....Thoughts?

Forget about the phone.

It was a nice phone...I didn't even have it for long...

I mean I am thankful that it was my wallet that the cop wandered off holding.

 

[dave33]

Let's assume everything you said is true. There is no way the police will admit a civilian walked off with a suspects property. That would be admitting to incompetence. That will never happen.

Even if it is somehow proveable, no way will they just cut you a check for whatever you say is the replacement cost. Just not gonna happen.

 

[Cali408nia]

Every time you say 'agency' you mean police department right?

Well if the police are who was dealing with you at the time then yes. There are different types of law enforcement: sheriffs, highway patrol, etc. So if it was the police department then yes make a phone call/appearance to the police department and ask about how to go about the situation.

 

[CdwJava]

Let's assume everything you said is true. There is no way the police will admit a civilian walked off with a suspects property. That would be admitting to incompetence. That will never happen.

Even if it is somehow proveable, no way will they just cut you a check for whatever you say is the replacement cost. Just not gonna happen.

Actually, compensation for mistakes like that happen. If the agency screws up it is cheaper for them to cut a small check for a cell phone than it would be to pay an attorney to represent them a couple of times in Small Claims Court.

If the officers withdrew a cell phone from his pocket, and no cell phone was present later, and the OP and his friend say some guy took off with it and any of the officers at the scene recall them saying that, then the agency will have little choice in the end but to write that check as they ARE responsible.

 

[dave33]

Actually, compensation for mistakes like that happen. If the agency screws up it is cheaper for them to cut a small check for a cell phone than it would be to pay an attorney to represent them a couple of times in Small Claims Court.

If the officers withdrew a cell phone from his pocket, and no cell phone was present later, and the OP and his friend say some guy took off with it and any of the officers at the scene recall them saying that, then the agency will have little choice in the end but to write that check as they ARE responsible.

Quick Carl, call 911 !! I think someone slipped something in your java.

I see a chink in the armor. I have renewed hope, anything is possible.

Although I did take notice of how you carefully avoided mentioning if the officer actually saw or recalls the phone themselves. What is it? You think if the officer says they heard instead of they saw they can avoid any friction?

Oops, I shouldn't be complaining... Baby steps is good.

Thanks for starting my day off right.

 

[jay.t]

You guys are like a rollercoaster of compensation highs and lows.

I'm glad to hear it's cheaper for them to hand over a check.

Me and 2 friends saw it happen - actually 2 of us saw it happen and 1 guy saw Random Stranger, another 2 heard the whole thing. The cops should 'recall us saying it' because we were all really loud about it. We wouldn't shut up about it.

1 cop at the scene admitted that I'd had a phone.
2 cops casually looked down the street. (then decided it was too hard)

I will go to the department of the cops who wrote the citation and see what I can do.

 

[CdwJava]

Quick Carl, call 911 !! I think someone slipped something in your java.

I see a chink in the armor. I have renewed hope, anything is possible.

Although I did take notice of how you carefully avoided mentioning if the officer actually saw or recalls the phone themselves. What is it? You think if the officer says they heard instead of they saw they can avoid any friction?

Oops, I shouldn't be complaining... Baby steps is good.

Thanks for starting my day off right.

I'm not sure what you are driving at here ...

The point is, if the officer recalls what he was told, and recalls retrieving the phone, then he was responsible. The agency should pay off on the fair market value of the phone (which might be quite low) and the officer will likely get a dressing down for his inattention (or worse if this is a pattern).

It is far better to 'fess up to being in error than to lie about it and get found out to be a liar later on. An officer that gets found out to be a liar is through.

 

[HighwayMan]

I'm not sure what you are driving at here ...

Just his usual conspiracy theories that the police are out to get everyone at all costs and to screw the public anyway they can.

 

[dave33]

Just his usual conspiracy theories that the police are out to get everyone at all costs and to screw the public anyway they can.

Not at all.

 

[jay.t]

I took my friend who saw everything with me to the police department and we filled in some forms. Cop who took the info just said they'd be in contact. He didn't really give me any clues about what might happen or how long the whole thing might take. I suppose he wasn't the guy who'd make the actual decision.
CdwJava - I know it'll be completely different everywhere but do you know how long this sort of thing would take at your agency? Just for an idea...
Thanks for the help.