Can Police Seize Found Item?

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	Re: Can Police Seize Found Item? « Reply #80 on: May 03, 2011, 06:40:19 am »

	Quote:	Posted by wwjdmar
I found a beautiful engagement ring valued around $4 - 5,000 by our local jewelers. I wanted to see if it had been reported lost so I called my local police - who promptly came over and took it. They said if it was unclaimed, it would become police property. Is this true??? I asked if I had to give it to them, and they said I would be in possession of lost or stolen property and that was against the law. Just trying to find out what my rights were - I really would like to see it reunited with it's owner - but if not, I would LOVE to keep it myself! THANKS!!!

Sorry to hear that, its sounds like you either ran into some rookie cops or some crocked ones.

In most places the law is simple and straight forward, possession is 9/10ths of the law in other words you have 90% more ownership then anyone else bar someone that can proof its theirs.

They should have told you that after a set time if they do not locate the rightful owner then its yours. They should only be able to assume you as the owner unless they find the owner, then notify you of the out come in a timely fashion.

Speak to a lawyer, this advice should be quickly available and most likely at no cost.

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	Re: Can Police Seize Found Item? « Reply #81 on: May 03, 2011, 06:52:33 pm »

Here's a law review article that I think is a must read for metal detectorists. If I get enough "send more of the same", I'm happy to keep sending these. But this is a good start for the layman who isn't conversant w/ legal terms. This is an interesting area for me because I'm keen on the historical aspects of the law, especially the Common Law which goes back to 1066 in England under William the Conqueror. But, enough of that, you want the "gold" and here it is:

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http://www.muenzgeschichte.ch/downloads/laws-usa.pdf

This article covers a lot of areas and I'm sure will be confusing to many. Don't worry, I've been doing this for 38 years this past April and I get confused by some of the legal jargon. You almost need to diagram the facts: a finder, a thief, misplaced, lost, stolen, where found, what state, what country, embedded in the dirt or free standing, etc. Read the article and you'll probably be ahead of your attorney when you find the "big one."

Remember, I won't bore you with this stuff if you're not interested but the cite hits squarely on the namesake for this thread....."Legal Issues".

I want to say one last thing because I think an apology is due to those law officials who do their job honestly and within the law. I think most are like this, but over the past many years I've come across all stripes, federal, state, local, foreign and domestic and the bad ones leave a bitter taste that is hard to erase. I could say the same for attorneys, plumbers, car salesmen, auto mechanics, etc, etc. But, I'll be the first to tell you all that I've become a bit jaded and cynical starting very early on because I was a federal prosecutor for the first 4 years of my career. So if I've offended any honest, hard working law officials, I extend my sincerest apology and ask that you just take it that my ramblings came from dealing with some sciatica. Maybe that's why I'm just now starting to go treasure hunting to get me out of an office and out in nature where we all belong. Regards. Gold Finder

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	Re: Can Police Seize Found Item? « Reply #82 on: May 03, 2011, 08:02:05 pm »

	Quote:	Posted by Gold Finder
Here's a law review article that I think is a must read for metal detectorists. If I get enough "send more of the same", I'm happy to keep sending these. But this is a good start for the layman who isn't conversant w/ legal terms. This is an interesting area for me because I'm keen on the historical aspects of the law, especially the Common Law which goes back to 1066 in England under William the Conqueror. But, enough of that, you want the "gold" and here it is: You are not allowed to view links. Please Register or Login http://www.muenzgeschichte.ch/downloads/laws-usa.pdf This article covers a lot of areas and I'm sure will be confusing to many. Don't worry, I've been doing this for 38 years this past April and I get confused by some of the legal jargon. You almost need to diagram the facts: a finder, a thief, misplaced, lost, stolen, where found, what state, what country, embedded in the dirt or free standing, etc. Read the article and you'll probably be ahead of your attorney when you find the "big one." Remember, I won't bore you with this stuff if you're not interested but the cite hits squarely on the namesake for this thread....."Legal Issues". I want to say one last thing because I think an apology is due to those law officials who do their job honestly and within the law. I think most are like this, but over the past many years I've come across all stripes, federal, state, local, foreign and domestic and the bad ones leave a bitter taste that is hard to erase. I could say the same for attorneys, plumbers, car salesmen, auto mechanics, etc, etc. But, I'll be the first to tell you all that I've become a bit jaded and cynical starting very early on because I was a federal prosecutor for the first 4 years of my career. So if I've offended any honest, hard working law officials, I extend my sincerest apology and ask that you just take it that my ramblings came from dealing with some sciatica. Maybe that's why I'm just now starting to go treasure hunting to get me out of an office and out in nature where we all belong. Regards. Gold Finder

Goldfinder...........Thank you for the post, it should be helpful to a lot of people who take the time to read the material on the site you gave.

John in Va........Ret....LE.

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	Re: Can Police Seize Found Item? « Reply #83 on: May 03, 2011, 08:22:01 pm »

Hey Guys "wwjdmar" was a One (1) post wonder way back in December 01, 2006.

So if u are replying to him , I am afraid he will not answer you , cause he hasnt posted or been here since this intial post.

Thanks for your Comments and Keeping this subject alive , Just don't wait on him to answer you. Grin

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	I second that Johnlaw!...I agree & give thanks to Mr. Goldfinder for his reply « Reply #84 on: May 05, 2011, 06:31:16 pm »

and the information contained therein.

It just makes for good "Juris Prudence" to care about this hobby as Mr."GoldFinder" does, and to also have a great in depth knowledge and process of the Law, and we give you our gracious thanks for your generous offering to the forum at large.

Yes Sir, keep those reviews and caselaw coming in & compile a page of them when you have time in between your other duties.

Thanks, Great

Jim

	Quote:	Posted by johnlaw
Goldfinder...........Thank you for the post, it should be helpful to a lot of people who take the time to read the material on the site you gave. John in Va........Ret....LE.

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	Re: Can Police Seize Found Item? « Reply #85 on: May 05, 2011, 10:02:51 pm »

Go and make an appointment with the Chief of Police and speak to him about the incident.

This officer owes you a receipt for the item. He has limited authority over it and it should eventually be returned to you if not claimed. His wife is or pawnbroker is smiling...

Speak to a lawyer as well. Most law enforcement officer are straight, some however find the occaisional crooked path to their advantage and they need to be called for it.

Here's a summary of found property laws for some states not all have them

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	Re: Can Police Seize Found Item? « Reply #86 on: May 05, 2011, 10:12:44 pm »

Seems like this is a problem that we all ponder,

Thanks Gold finder for the massive effort you have put in to help everyone

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	Re: Can Police Seize Found Item? « Reply #87 on: May 06, 2011, 09:35:33 am »

Here's another site for you to take a look at. This one deals with some well known wrecks at sea and how they were decided. I'll find more for the metal detectorist over the weekend. I think this one will be of help to some, not all, but it starts to to give you an idea of the theories that Courts use in making these decisions. I really recommend reading the actual decisions behind all of these, especially the Atocha, the Spanish galleon found in the Florida Keys. If anything else, it'll whet your appetite to go out and find some of this stuff and maybe help you keep more of it for yourself.

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http://www.americanbar.org/content/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/sep2000bradley.html

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	Re: Can Police Seize Found Item? « Reply #88 on: May 14, 2011, 06:00:01 pm »

A lot of police departments have this policy. Unless you can ID a find somehow i don,t call the police. The are supposed to try to find the owner, but you never know. Make a note to call about it after the time as up to the day. Maybe even put your number with and ask the owner to call when they get it. Just a few thoughts

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	Re: Can Police Seize Found Item? « Reply #89 on: May 23, 2011, 11:31:41 am »

I don't know if you are in the US...but I know in Canada if the police believe an item to be lost or stolen then can take the item as it is technically not yours....after a period of 90 days if the item has not been claimed by its rightful owner the person who found it can have the item.....I would just ensure that it is noted on the file that you would like to have the item if it is not claimed.....the police have no interest in the item.....they are just making sure that if it has been lost and it can be returned that it is returned to its rightful owner.

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