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Post by raphael on Dec 17, 2010 13:00:51 GMT -5
Now that helps restore some faith in humanity IMO.
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Post by chatornookie on Dec 17, 2010 13:08:12 GMT -5
how can he be considered a theif when he found the money...? what happend to finders keepers...? /
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Post by manlyman on Dec 17, 2010 13:19:55 GMT -5
how can he be considered a theif when he found the money...? what happend to finders keepers...? / Point out to me where "finders keepers" is in the penal code, please. It's refered to as "theft by taking" in our penal codes.
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Post by Fredo on Dec 17, 2010 14:32:01 GMT -5
I'm seeing two different arguments here. If you find an envelope full of money and without any identifying characteristics, I find it difficult to see a criminal act there. Any moral person would make some sort of reasonable effort to return it to the owner, but I'm not really seeing where the weight of the law should be brought to bear.
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Post by chatornookie on Dec 17, 2010 15:42:37 GMT -5
I'm seeing two different arguments here. If you find an envelope full of money and without any identifying characteristics, I find it difficult to see a criminal act there. Any moral person would make some sort of reasonable effort to return it to the owner, but I'm not really seeing where the weight of the law should be brought to bear. i see no criminal act unless dude SAW the lady drop it... the story does not say and you'd think it would if the vid showed that... /
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Post by manlyman on Dec 17, 2010 16:02:02 GMT -5
The law requires the finder to turn in the lost money to the police. They will make efforts to find the owner. If said owner cannot be found in 90 days (I think, I could be wrong on the numbers) the money is turned over to the finder.
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Post by elgusano on Dec 17, 2010 16:17:39 GMT -5
Whenever I find money (without identifying marks), I give my number to the management of the place where I found it, and if someone calls and can tell me approximately how much it is, it's theirs. If not, it's mine. I do it this way under advisement of friends who are cops because I've had cops tell me that the official policy is that if no one claims it, it belongs to the city. ("I cashed my check for $780 and bought about $20 worth of gas" is close enough for $750+ in most cases, because the person wouldn't have my number if they weren't looking for the money.)
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Post by Superman on Dec 17, 2010 16:34:03 GMT -5
I'm seeing two different arguments here. If you find an envelope full of money and without any identifying characteristics, I find it difficult to see a criminal act there. Any moral person would make some sort of reasonable effort to return it to the owner, but I'm not really seeing where the weight of the law should be brought to bear. i see no criminal act unless dude SAW the lady drop it... the story does not say and you'd think it would if the vid showed that... / If you leave your purse in a restaurant, can I pick it up and keep EVERYTHING in it? Credit cards, car and house keys, cell phone, cash? Remember, I did not see you leave it there!!
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Post by chatornookie on Dec 17, 2010 16:34:33 GMT -5
The law requires the finder to turn in the lost money to the police. They will make efforts to find the owner. If said owner cannot be found in 90 days (I think, I could be wrong on the numbers) the money is turned over to the finder. i expect this depends on the jurisdiction... guess i'll have to ask what the deal is in my county... /
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Post by Superman on Dec 17, 2010 16:35:00 GMT -5
Now that helps restore some faith in humanity IMO. That guy is our dentist and has been for years. This does not surprise me at all. He is a really good guy.
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Post by elgusano on Dec 17, 2010 16:37:07 GMT -5
Waitaminnit!
I think we need a government program for this!
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Post by manlyman on Dec 17, 2010 17:06:13 GMT -5
I would like to interject one more thought on this unfortunate happening:
It is quite foolish to carry around more cash than you are willing to lose. Anything and everything (legal) can be paid for by personal check or money order.
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Post by elgusano on Dec 17, 2010 17:44:12 GMT -5
There's a government program coming for that. It will create a cashless society.
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Post by CoffeeShooter on Dec 17, 2010 18:14:33 GMT -5
I would like to interject one more thought on this unfortunate happening: It is quite foolish to carry around more cash than you are willing to lose. Anything and everything (legal) can be paid for by personal check or money order. Or traveler's checks.
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Post by elgusano on Dec 17, 2010 18:47:04 GMT -5
Hardly anyone, if anyone, is doing traveler's checks any more. Too easy to counterfeit.
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Post by Fredo on Dec 17, 2010 18:56:10 GMT -5
I would like to interject one more thought on this unfortunate happening: It is quite foolish to carry around more cash than you are willing to lose. Anything and everything (legal) can be paid for by personal check or money order. Or traveler's checks. Gosh, I haven't even seen a traveler's check in 20+ years. I didn't know they still made them.
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Post by elgusano on Dec 17, 2010 19:22:40 GMT -5
I'm pretty sure they don't make them at all, but I know for a fact that at least 3 of the largest 5 banks no longer make them or honor them.
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Post by chatornookie on Dec 17, 2010 20:18:53 GMT -5
i see no criminal act unless dude SAW the lady drop it... the story does not say and you'd think it would if the vid showed that... / If you leave your purse in a restaurant, can I pick it up and keep EVERYTHING in it? Credit cards, car and house keys, cell phone, cash? Remember, I did not see you leave it there!! that's different... an identifiable possession... *shrug* i was talking about an unmarked untraceable envelope... even though we know it belonged to someone... /
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Post by emanon on Dec 18, 2010 0:06:21 GMT -5
When I was at the airport this morning, a guy from Australia said that was all he had, traveller's checks.
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Post by elgusano on Dec 18, 2010 0:09:55 GMT -5
I was talking about US banks, but some probably still make them.
However, I do know that our bank, which is one of the largest, won't accept them.
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Post by chatornookie on Dec 18, 2010 1:05:48 GMT -5
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Post by elgusano on Dec 18, 2010 2:48:20 GMT -5
A total of 10 places in Dallas came up, some of which no longer accept them, even though they're still on the map.
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Post by Dodaman on Dec 18, 2010 8:54:51 GMT -5
"suspect faces felony theft of mislaid property charges"
If the State charges, theft of mislaid property, a couple of things may have happened. First, the property was not claimed or no one claimed the property until after someone, (the defendant) assumed some type of "control" over the property. Possession and control do not necessarily equal the same thing, depending upon the State statute.
The law concerning property of an unknown person found by someone other than the true owner developed in many diverse ways, depending upon the category that the State assigns to it. The State could call such property abandoned, lost, mislaid or treasure trove. Morgan v. Wiser, 711 S.W.2d 220, 221 (Term. Ct. App. 1985). The general three prong elements of the theft of mislaid property would be that (1) That the property was lost or mislaid; (2) that the defendant knew the owner's identity or should have reasonably known the owner's identity, and (3) That the defendant failed to take reasonable measure to return the property. For example, the defendant may have failed to contact the police when faced with the lost property. In that type of definition, which may Not be the specific definition of your jurisdiction, possession is not an element. The idea behind the crime is (a) intent, and (b) the indicia of control, which does not equal possession
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Post by CoffeeShooter on Dec 18, 2010 14:10:51 GMT -5
When I was at the airport this morning, a guy from Australia said that was all he had, traveller's checks. I use American Express but it has been a couple of years. Plus with ATM cards it is fairly easy to get limited amounts of cash when needed. Sometimes I accept traveler's checks but only if I know the buyer's reputation personally. I won't take any type of check from a total stranger. It isn't exactly without a paper trail but still a good option for holding onto large sums of cash in relative safety.
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Post by elgusano on Dec 18, 2010 15:43:50 GMT -5
Any time I use an ATM when I'm out of the country, because of the user fee, I always withdraw the maximum amount in order to minimize the fee.
And when you use your credit or debit card, there is a user fee for every transaction, so one big withdrawal and paying with cash also minimizes that.
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