Like Getting Robbed Twice

[bathsheba666]

In the uk it would be impossible for anyone, including a pawn shop, to gain legal title to stolen goods. So the shop would have to hand it back.

From the op, it sounds like this was once the case in the us also, so it would be interesting to know why and when this changed.

 

[EnglishEdward]

Any reputable proprietor would have either told her the
memory Sim was missing or included it in the 55 dollars.

 

[woody60707]

In the uk it would be impossible for anyone, including a pawn shop, to gain legal title to stolen goods. So the shop would have to hand it back.

From the op, it sounds like this was once the case in the us also, so it would be interesting to know why and when this changed.

It's the same here as it is by you. I don't think anything has changed.

 

[Bamspeedy]

In the uk it would be impossible for anyone, including a pawn shop, to gain legal title to stolen goods. So the shop would have to hand it back.

From the op, it sounds like this was once the case in the us also, so it would be interesting to know why and when this changed.

In Wisconsin the pawn shop takes the loss. This is a case of state laws, not federal laws. The article in the OP is just about Florida (though there may be other states with the same law).

 

[warpus]

Why didn't she go through the courts?

Too lazy?

You can't just show up at a pawn shop and start claiming that this and that is yours and that it was stolen.. I mean, you can, but who's gonna believe that?

 

[JollyRoger]

You can't just show up at a pawn shop and start claiming that this and that is yours and that it was stolen.. I mean, you can, but who's gonna believe that?

The pawn shop owner was gullible enough to think the guy that pawned it had ownership rights without requiring proof.

 

[Formaldehyde]

Why didn't she go through the courts?

Too lazy?

I imagine she didn't think it was worth the hassle and probably the cost to do so. If her other property hadn't been 'stolen' from another pawn shop, she likely would have. But simply paying the $50 apparently seemed like the better alternative, as I bet it does to many others who now find themselves in the same position.

You can't just show up at a pawn shop and start claiming that this and that is yours and that it was stolen.. I mean, you can, but who's gonna believe that?

Did you miss the part where she gave the police the serial number, and they tracked it to the pawn shop?

 

[warpus]

Did you miss the part where she gave the police the serial number, and they tracked it to the pawn shop?

Yeah, but if you're a pawn shop owner, and some guy shows up at your store and says: "Hey, the cops tracked down some things that were stolen from me. They are here, can I have them back?", would you just hand them over, even if the guy had the serial numbers?

Could be a scam.

Couldn't this just have been resolved if a cop showed up with her at the pawn shop, and demanded the release of her items? Why wasn't this done again? I don't wanna re-read the article..

 

[Souron]

Couldn't this just have been resolved if a cop showed up with her at the pawn shop, and demanded the release of her items? Why wasn't this done again? I don't wanna re-read the article..

It was, but apparently the police chief did not have the authority to turn the item over to her; Florida law does not permit it.

 

[warpus]

It was, but apparently the police chief did not have the authority to turn the item over to her; Florida law does not permit it.

What a silly law to not permit the police to return stolen articles to their rightful owner?

Either way, it looks like a clear case of "Try to never get anything stolen in Florida"

 

[woody60707]

It was, but apparently the police chief did not have the authority to turn the item over to her; Florida law does not permit it.

umm good. Does anyone believe the cops should have this authority?

 

[Formaldehyde]

Um, they used to in Florida until quite recently. And they apparently still have that right in most other states.

Don't you think the courts are overburdened enough already? If the pawn shop disagrees for whatever reason that it is stolen property, I can see that case going before a judge to be decided. But in most cases, the rightful owner should simply get back their stolen property without having to unpawn it or appear before a judge.

 

[ParkCungHee]

While this seems a tad unfair, how many time would the item have to be exchanged to give a right to the item by the current owner?

I mean, if I buy something at a Pawn Shop, should I lose it if it turns own to be stolen? If I buy something and give it as a gift to someone? I then sell the item on E-bay?

 

[woody60707]

Um, they used to in Florida until quite recently. And they apparently still have that right in most other states.

Don't you think the courts are overburdened enough already? If the pawn shop disagrees for whatever reason that it is stolen property, I can see that case going before a judge to be decided. But in most cases, the rightful owner should simply get back their stolen property without having to unpawn it or appear before a judge.

While this seems a tad unfair, how many time would the item have to be exchanged to give a right to the item by the current owner?

I mean, if I buy something at a Pawn Shop, should I lose it if it turns own to be stolen? If I buy something and give it as a gift to someone? I then sell the item on E-bay?

This is kind of what I was thinking? If I got something off of Ebay, I don't want some cop to have to power to give it to someone else, because she claims it's stolen.

Why couldn't it been a simple arbitrary court like they have for minor traffic violations and such. Look, all I'm saying the cops should have the power to be judges.

 

[Ecofarm]

Why is this continuing? I guess details in law can be interesting.

One cannot simply go into a pawn shop and demand stuff, even if you are a cop demanding things for someone else (though it was nice of him to try).

The only reason anyone ever thought she was wronged is because her name is Hadidi.

No, we do not need to change any "silly law". Cop cannot go into pawn shops and demand stuff. We have courts; not just cops. Get the legal paperwork, and you can have my stuff. Your badge does not entitle you to my stuff. I don't care if your badge says FBI, you aren't taking my crap without paperwork from the judicial branch.

 

[Souron]

Why is this continuing? I guess details in law can be interesting.

One cannot simply go into a pawn shop and demand stuff, even if you are a cop demanding things for someone else (though it was nice of him to try).

The only reason anyone ever thought she was wronged is because her name is Hadidi.

No, we do not need to change any "silly law". Cop cannot go into pawn shops and demand stuff. We have courts; not just cops. Get the legal paperwork, and you can have my stuff. Your badge does not entitle you to my stuff. I don't care if your badge says FBI, you aren't taking my crap without paperwork from the judicial branch.

Cops have a certain authority to recognise and respond to a crime in progress, without asking a judge permission for every move. They have a right to confiscate unlawful property, such as drugs or unauthorized firearms. It is reasonable to extend this to stolen property, as long as it is in fact illegal for the pawn shop to possess and sell stolen goods.

If there is contention over if the item is truely stolen, obviously a court would need to resolve the dispute, but in that case Cops still need the authority to (with probable cause) seize the item so that it is not resold.

 

[ParkCungHee]

It is reasonable to extend this to stolen property, as long as it is in fact illegal for the pawn shop to possess and sell stolen goods.

It is not in fact illegal for the pawn shop to do so, unless they do so knowingly.

 

[Souron]

I was just saying that if the legal system has the authority to return stollen goods like this, then Cops would reasonably be expected have the authority to make some judgment on the condition of the goods and act on it early; my point is that their is no contention between executive and judicial authority here.

 

[ParkCungHee]

I was just saying that if the legal system has the authority to return stollen goods like this, then Cops would reasonably be expected have the authority to make some judgment on the condition of the goods and act on it early; my point is that their is no contention between executive and judicial authority here.

But it's still usually a good idea to separate that authority, even if they happen agree in this case, because there will be cases when they don't.

 

[Formaldehyde]

The only reason anyone ever thought she was wronged is because her name is Hadidi.

No, we do not need to change any "silly law". Cop cannot go into pawn shops and demand stuff.

And I see you still haven't bothered to even read the OP, much less the other posts!

Years ago, police would seize stolen property and return it to the rightful owner. But the law has changed. Most people end up buying back their property.