Ater a domestic problem, My fiance's mother came to my home where only I live, and helped her recover some property. In the process she took something that belonged to me and turned it into police. Isn't that stealing?
2007-02-19 12:20:25 · 14 answers · asked by Josh S 1 in Politics & Government ➔ Law & Ethics
There was a prior case opened about fraudualent checks. An ipod was bout with one of the checks. She looked through my belongings and found and ipod case. Can she actually take that? Or is that stealing?
2007-02-19 12:51:34 · update #1
I would say that is technically stealing howevver whether it will be thrown out of court or not will depend on how honest the judge is...
2007-02-19 12:23:44 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Theft is only committed when something is removed (or moved) without the owner's consent and with the intention of permanently depriving the owner of it.
Something removed to be used in evidence is, therefore, not stolen.
However, the other question is whether or not something recovered in this way could be actually used in evidence.
I would say not, because the method by which it has been obtained is highly irregular, it ought to be viewed as inadmissible.
Finally, and perhaps most importantly, is the question of relevance, i.e.how useful it could be as evidence. Your fiance's mother has given the police an Ipod case. They only have her word that it cam re from your house (the police didn't find it there themselves), and in any case, how does the presence of an ipod case in your home demonstrate the commission of a cheque fraud. A witness would be required to establish that the specific item had been paid for with a fraudulent cheque.
If you are concerned that you might be questioned regarding the commission of any offence, seek professional legal advice.
My advice is to go to the police and request the return of your property and tell them about the circumstances in which it was removed. If you can take evidence of your legitimate purchase of the items, so much the better, but it shouldn't be necessary.
2007-02-19 23:01:48 · answer #2 · answered by Johnny X 2 · 0⤊ 0⤋
Under no circumstances can the landlord just let them in. They have to have a warrant. Any warrantless entry and search is considered by the courts to be unreasonable, if they did enter and retrieve any evidence the evidence would be inadmissible unless the entry was found to be under one of the exceptions and they are very narrow. If John and Joe are sharing an apartment and John lets them in, they cannot even enter Joe's room in the apartment unless he is present and gives permission.
2016-05-24 18:10:55 · answer #3 · answered by ? 4 · 0⤊ 0⤋
yes, that is theft under the theft act 1961 which states 'a person shall be guilty of theft if he or she dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it'
Call the police and have her charged with theft, or, the other way to look at it is:-
The item cannot be used as evidence as it was obtained dishonestly and it would have to have been obtained by a police officer searching your home with a valid warrant. If you get charged with anything and this is presented as evidence at a police interview, deny all knowledge of it and say your fiancees mother must have planted it to be vindictive against you
2007-02-19 18:58:32 · answer #4 · answered by vdv_desantnik 6 · 0⤊ 0⤋
Yes, that is theft, and yes, you can report her for it.
And no, the police can't use it as evidence against you because it was obtained by unlawful means.
Go get yourself a lawyer and have your fiance's mother - and your fiance, if he was with her - locked up.
2007-02-19 12:30:12 · answer #5 · answered by Team Chief 5 · 1⤊ 0⤋
i would say that it is stealing. whether the intentions of the mother for doing such is good or bad, her means is not good. there should be consent coming from you since you are the owner of the house. it is just a matter of respect per se.
2007-02-19 12:31:48 · answer #6 · answered by 1:57 PM 2 · 1⤊ 0⤋
Inadmisable evidence you have no worries as far as being charged with a crime I would worry what it will look like to the Family Court Judge in divorce procedings.
How much dope was it?
2007-02-19 12:28:57 · answer #7 · answered by Anonymous · 3⤊ 0⤋
sounds like theft to me but I'm not an attorney. Contact an attorney, especially since there may be some damaging evidence against you.!
2007-02-19 12:51:51 · answer #8 · answered by Dizney 5 · 0⤊ 0⤋
No! She did not force entry as you did not resent her presence. If you had a part to an earlier crime, possessing a property that is not legally yours, she had done a citizen's duty, to allow justice to be served and you have to answer it.
2007-02-19 12:27:19 · answer #9 · answered by Chris P 1 · 2⤊ 0⤋
Yes, it is. And they aren't even supposed to enter without a judges permission. If you were divorced, then it's allowed as long as they take nothing more then she was allowed.
get a lawyer.
2007-02-19 12:26:09 · answer #10 · answered by The Big Box 6 · 2⤊ 0⤋