4 ms·

> Sure, but that money you stole buried in your backyard is still yours. In what sense? > The rightful owner cannot just steal it back. The rightful owner do

> Sure, but that money you stole buried in your backyard is still yours. In what sense? > The rightful owner cannot just steal it back. The rightful owner doesn't get any special rights, so they can't trespass to get their property back. A policeman could get it back for them, though. If it's just lying there they can take it back themselves. I've heard stories where people find their stolen property on Craigslist, meet with the thief, and steal it back without using force. That's fine. > Similarly if it wasn't yours, you wouldn't have to pay taxes on it Ownership is a tricky concept. There are many rights and responsibilities associated with ownership. Owning a bike carries a different set of rights and responsibilities from owning a house. Paying taxes on something is an obligation typically associated with ownership, but since stealing something does not create many of the other legal rights associated with ownership I don't think it's sufficient to say that it demonstrates that it's "yours." Also, of course, no one actually pays the taxes.

bko 5y ago
> A policeman could get it back for them, though. What cop do you know would just steal property back for you? This a matter for courts. > I've heard stories where people find their stolen property on Craigslist, meet with the thief, and steal it back without using force. That's fine. What happens on Craigslist encounters is not exactly common law.
- vageli 5y ago
  > Florida’s theft laws make it clear that theft of any type is illegal, but recently one Florida court has put a different spin on the situation. In the case of T.D.W. v. State, 42 So. 3d 959 (Fla. 4th DCA 2010), the juvenile defendant (FYI, juvenile names are always abbreviated) was convicted of Robbery because he forcefully approached a victim to retrieve his cell phone. T.D.W. testified at trial that he had a good faith belief that the victim possessed his cell phone, so he was going to take it back. At this point, it’s important to note that, technically speaking, a theft charge arises out of an ‘intent to deprive an owner of property’. So, how could a theft occur if the victim of the robbery wasn’t actually the ‘owner’ of the cell phone? The court in T.D.W. threw out T.D.W.’s conviction, reasoning that “a well-founded belief in one’s right to the allegedly stolen property constitutes a complete defense to a charge of theft”, as per a prior court ruling in Thomas v. State, 526 So. 2d 183 (Fla. 3d DCA 1988). https://jgcrimlaw.com/blog/someone-stole-my-stuff-and-im-gonna-steal-it-back-is-that-legal/ https://jgcrimlaw.com/blog/someone-stole-my-stuff-and-im-gon...
Proven 5y ago

bko 5y ago

> A policeman could get it back for them, though. What cop do you know would just steal property back for you? This a matter for courts. > I've heard stories where people find their stolen property on Craigslist, meet with the thief, and steal it back without using force. That's fine. What happens on Craigslist encounters is not exactly common law.

vageli 5y ago
> Florida’s theft laws make it clear that theft of any type is illegal, but recently one Florida court has put a different spin on the situation. In the case of T.D.W. v. State, 42 So. 3d 959 (Fla. 4th DCA 2010), the juvenile defendant (FYI, juvenile names are always abbreviated) was convicted of Robbery because he forcefully approached a victim to retrieve his cell phone. T.D.W. testified at trial that he had a good faith belief that the victim possessed his cell phone, so he was going to take it back. At this point, it’s important to note that, technically speaking, a theft charge arises out of an ‘intent to deprive an owner of property’. So, how could a theft occur if the victim of the robbery wasn’t actually the ‘owner’ of the cell phone? The court in T.D.W. threw out T.D.W.’s conviction, reasoning that “a well-founded belief in one’s right to the allegedly stolen property constitutes a complete defense to a charge of theft”, as per a prior court ruling in Thomas v. State, 526 So. 2d 183 (Fla. 3d DCA 1988). https://jgcrimlaw.com/blog/someone-stole-my-stuff-and-im-gonna-steal-it-back-is-that-legal/ https://jgcrimlaw.com/blog/someone-stole-my-stuff-and-im-gon...

Proven 5y ago