Theft by finding
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Theft by finding occurs when someone chances upon an object which seems abandoned and takes possession of the object, but fails to take steps to establish whether the object is genuinely abandoned and not merely lost or unattended before taking it for themselves.[1] In some jurisdictions, the crime is called "larceny by finding" or "stealing by finding".[2][3]
By nation
United Kingdom
In the UK, a theft occurs when there is a dishonest appropriation of property belonging to another with the intention to permanently deprive [4] . This definition can therefore include property that is found, whether abandoned or incorrectly delivered, where the finder does not take appropriate steps to return it to the lawful owner. Commonly it is accepted in the UK that property is handed in to a Police Station for repatriation, unless the finder can locate the owner directly - such as returning a credit-card to a branch of the issuing bank, or sending a driving-licence back to the DVLA. Police forces will document the finding, retain for safe keeping and, with most found property, allow the finder to return and claim the property as theirs should the owner not come forward within a set period of time. [5] [6]
An issue may arise when a person takes possession of lost property with the intention of returning it to the owner after inquiry and doesn’t, but instead converts the property to the finder's use. This is illustrated by Thompson v. Nixon [1965] 3 W.L.R. 501: an off duty police constable found a bag of rabbit food lying by the roadside, took it home intending to hand it in as lost property but some time after decided to keep it for his own use. He was found guilty at first instance but his ultimate appeal to the Divisional Court was upheld. The appellate court held that, at the time of finding, there was no mens rea to support a conviction of larceny.[7]
United States
In the United States, if the owner of a property has renounced all property rights in the object, then the property is abandoned.[1] Since theft is the unlawful taking of another person's property, an essential element of the actus reus of theft is absent.[2]
The finder of lost property acquires a possessory right by taking physical control of the property, but does not necessarily have ownership of the property. The finder must take reasonable steps to locate the owner.[1] If the finder shows that reasonable steps to find the owner have been taken then the finder may establish that the required mens rea for theft, the intention to deprive the owner permanently, is absent.[2]
Trash
In California v. Greenwood (1988), the United States Supreme Court ruled that trash left at curbside for collection is effectively abandoned and subject to taking by anyone.[8] This ruling superseded the California Supreme Court ruling, in People v. Krivda (1971), that placing trash at curbside was not necessarily an abandonment of same to the police or general public, as a reasonable assumption would be that only a particular regulated entity (i.e. the trash collection company or department) would take possession.[9]
Thus garbology (the examination and analysis of trash) and dumpster diving are legal in the United States. Consequently, the abandonment of private medical records by placing them in trash has resulted in civil penalties against companies doing so.[10][11]
Australia
In Victoria, the Victorian Crimes Act[12] defines this crime by exception "72.3(c) A person's appropriation of property belonging to another is not to be regarded as dishonest if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.
In Queensland, there is a similar warning.[13]
See also
References
- ^ a b c Tooher, Joycey (2008). "finding of property". In Peter Cane and Joanne Conaghan (ed.). The New Oxford Companion to Law (Oxford Reference Online. ed.). Oxford University Press Inc. ISBN 9780199290543. Retrieved 8 August 2011.
- ^ a b c A. E. S. Tay (Jul 1964). "Bridges v. Hawkesworth and the Early History of Finding". The American Journal of Legal History. 8 (3): 224–237. doi:10.2307/844171. JSTOR 844171.
- ^ "Larceny by Finding (reprinted from the Law Times (London))". The American Law Register. 7 (6): 381–383. Apr 1859. JSTOR 3302356.
- ^ "Theft Act 1968, chapter 60". Legislation.gov.uk. 26 July 1968. Retrieved 10 Jul 2023.
{{cite web}}: CS1 maint: url-status (link) - ^ "Your guide to property found in a public place". WestYorkshire.police.uk. Jan 2019. Retrieved 10 Jul 2023.
{{cite web}}: CS1 maint: url-status (link) - ^ "What do I do if I have found something?". Lancashire.police.uk. Jan 2019. Retrieved 10 Jul 2023.
If the item is retained by the police, you may be able to claim you can collect the property if the owner is not identified within 28 days. There are certain items that members of the public are not allowed to retain and claim under any circumstances. These include mobile phones, computers, laptops, iPads and other tablets. If you find cash, you will not be able to keep hold of it, but will be able to claim it after 28 days.
{{cite web}}: CS1 maint: url-status (link) - ^ T. Hadden (Nov 1965). "Larceny by Finding. How Not to Reform the Law". The Cambridge Law Journal. 23 (2): 173–175. doi:10.1017/s0008197300082635. JSTOR 4505022. S2CID 145108712.
- ^ "California v. Greenwood, 486 U.S. 35 (1988)". Justia (from United States Reports. Retrieved April 18, 2021.
- ^ "People v. Krivda". Justia. Retrieved April 18, 2021.
- ^ Chelsea Conaboy (January 7, 2013). "Doctors, billing company pay $140,000 penalty for records tossed in public dump". Boston.com. Boston Globe. Retrieved April 18, 2021.
- ^ Mark Morris (December 14, 2014). "Settlement reached in medical billing records case". Kansas City Star. Retrieved April 18, 2021.
- ^ "Crimes Act (Victoria)" (PDF). Legislation Victoria. 6 Oct 2020. Retrieved 6 Oct 2020.
{{cite web}}: CS1 maint: url-status (link) - ^ "Lost, found and stolen property". Queensland Government. 6 Oct 2020. Retrieved 6 Oct 2020.
If you find goods or money, you can't keep them. In fact, police can charge you for keeping goods or money you've found that you don't hand in.
{{cite web}}: CS1 maint: url-status (link)
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