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if a 10 yr old finds a wallet and then returns it to where he found it on the way home from school - how can the police arrest him for theft?

2007-12-04 15:24:28 · 1 answers · asked by Jen B 1 in Politics & Government Law & Ethics

the 10 yr old was walking with my 2 sons and 1 daughter - they as a group chose to bring the wallet which had a picture in it and the boys mom who then tried to call the police about her son finding it - but there was no answer at the non-emergency #....she told the kids to take it back towhere it was - and I also watched the kids pick it up and bring it home - and I watched them return it also....which the police got in statements from the boy and my kids and myself as the school is just 1 block from my home. Before they picked it up 2 other boys had picked it up and went through it and through it back down. also stated in the statements to the police.

2007-12-04 15:44:54 · update #1

1 answers

An arrest just means that they "think" he stole it - they don't necessarily believe that he put it back - or that he didn't empty it first.

Incidentally, if you find something and pick it up, it is NOT legal to put it back.

No-one is obliged to take care of an item they find on the ground - you can legally just walk past - but if they DO pick it up, then they assume an obligation to take reasonable care in finding the owner.

Richard

2007-12-04 15:34:41 · answer #1 · answered by rickinnocal 7 · 2 0

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