It is considered "stealing" to trespass in order to retreive your own property?

Question

Okay, here's my story...I bought this collector's edition double cd jazz box set. I brought it to may workplace as my co-worker Sam love to listen to some fine jazz as we go through our day. Well, Sam proceeds to say that the superfine jazz cd I brought was one of the best he has ever heard. When the cd finishes playing he asks me if he can borrow it and proceeds to hand me one of his older bottom-of-the-bag jazz cd to sort of trade of for a day or two. I agree to this kind of reluctantly as I still consider the jazz cd new. So, anyway he takes it with him. Now, he completly avoids me. He has not worked a shift with me since the infamous "let's trade cd's day." He even schemed with is cohort, Glenn, to work his shifts for him in order to facilitate his avoidance of me. Is this all a scheme to keep my jazz cd? Is Glenn his silent evil partner? Well, it's been close to a month now since I have seen Sam. Should I go into his bag and grab my cd when he returns this week?

Answer 1

I would. He stole it so you should take it back. Or beat him up, then run to Mexico.

Answer 2

Talk with your boss, and contact the authorities. What Sam did is called "stealing" and it's definitely against the law.

And I hate to tell you this, but you may not be able to recover your lost property. My mother went through this with a large collection of LP records. In the future, do what I do: go to your local store (Kmart or Walmart will do), and pick up a light-colored, fine-tipped Sharpie marker. (I use the lime-green color - it's PERFECT for what you'll need it for.) Next, choose a code that's easy and simple, but which will make sense to ONLY YOU. For example, my first code (one which I no longer use) was my sister's initials and my mother's birthdate in numeric format (so ALM3459). Use your Sharpie to trace this code carefully on the inner ring of the CD. Some CDs, especially newer ones, will have only a tiny break in the skin, then more skin. You'll have to write carefully in that tiny break, because Sharpie usually rubs off of the skin.

Lay the CD with its case open for about ten minutes, then close. The code will be almost invisible under normal conditions, but hold it up to the light and voila, a code only you can explain. I use this trick to keep my CDs and DVDs safe in the dorms, and so far (knock on wood) nothing's come up missing, even my highly prized and sought-after RENT DVD. People see my new code (which consists of my name and a certain date) and know that 1) it belongs to me, and 2) if someone gets the bright idea to steal it, I can prove ownership to the university police.

You may have to chalk your jazz discs up as a lesson learned if they weren't marked with your name, I'm afraid - possession is nine points of the law - but that doesn't mean you can't try to make sure justice is served on Sam. If you know when he took it and when he started avoiding you, note that down for the authorities. And above all, DO NOT tell Sam you're planning on calling someone in if you don't get your CDs back within a certain amount of time, because they'll do a fade faster than you can blink. And DON'T try to "steal" them back yourself, because if Sam is of a particularly nasty mind, he might call the authorities on YOU - and how, if your CD's aren't marked, would you prove they were yours in the first place? (You MIGHT squeak by if you had a receipt, but the risks still outweigh the benefits.) You don't want to get in trouble trying to retrieve your property.

Good luck!
Nina

Answer 3

Ok... This guy didn't steal your CD album as such. You've lend it to him for an unspecified period of time. The fact that he handed you some of his CDs in return is immaterial. You can still claim your property back. If you want your stuff back go to him, return his CD and ask " Exactly when can I have my CDs back ?" If he refuses to return them then mention the Police. On a second thought hold on to his CDs until you get yours. If he pulls an " I have no idea what you're talking about" you'll still have his CD as physical evidence suggesting that an agreement to temporarily swap CDs was made between the two of you. What ever you do DO NOT go through his property. Its highly illegal and will get you in hot water. If you removed anything from his bag (even in good faith - knowing it belongs to you) it may be construed as stealing. You need a search warrant to lawfully get into people's property.

Answer 4

There is no need to trespass at this point, though letting it go for a month is an error on your part. You need to go to him and return his CD, tell him thanks, you enjoyed it, and would like your own CD back. By returning his CD (in front of witnesses, preferrably), you put him in a position where he cannot negotiate. If he doesn't have it, you need to force him to commit when he will give it back to you. For example, he may say, "I don't have it with me right now." To which you should reply, "That's okay, you can get it to me tomorrow." If he says he cannot, then ask him when he can get it back to you. If he doesn't know, let him know that you have let him use it for a month now, and demand to have it within the next three days. He may offer you another CD to listen to, which you should turn down. Say, "No thanks, just return my CD to me." No matter what he says or does, make it clear that you don't want another one of his CD's, you simply want your own CD back. If it means you need to come in when he's done his shift to talk to him, then do so. Otherwise, as time passes, he will probably consider the trade fair.

Answer 5

Yes, the logical thing is to confront him. You don't have to make it ugly, just offer his CD and ask for yours in return. If he puts you off, you may then have to become firmer. If you go into his personal property in search of your CD, you are definitely in the wrong. If you two were on good terms, it makes no sense to do something that may result in hard feelings - at least until you find out why he hasn't returned your property.

Answer 6

Hey Stein,

I agree that Yes, It's yours, so take it back. It would not be considered "Trespassing" in most states if you are simply taking it from his bag. BUT, you say that he is returning this week, obviously , Sam has not been at work, period. If you have the opportunity, I would confront him, tell him to return it and if he looks strangely at you, then call the police. Make sure you have your receipt.

Good Luck,

James

Answer 7

No, you should go directly to him and ask for your cd's back and hand over his at the same time. If you don't have proof that those cd's are yours, you could get in serious trouble at work if you take them out of his bag.

Answer 8

I don't know how often you see him and where, but I think your biggest problem now would be tracking him down. good luck finding him! Oh, by the way, if you're gonna grab your cd from his bag, be sure to replace it with his own cd with a permanent marker on the case with a big "thanks will trade again sometime (date you returned)". Shut him up with his own "let's trade cd" crap.

Answer 9

No be straight forward and tell him to give you back your CD. And let him know you won't be lending it out or another for that matter anymore. Don't go in his bag you don't want to be like him.

Answer 10

NO You communicated with him when you loaned the cd to him and you need to communicate with him now. Confront him and tell him you want your cd back. Have his with you when you ask for yours. If he stalls make arrangements with him to pick it up.

If all else fails take him to small claims court.

Answer 11

Absolutely! Take it back. It's been a month of avoidance, what are the chances he is going to give it back?