Do cops have the right to set decoy wallets in random places to arrest unsuspecting people who find them?

Question

I heard a story in the news about some guy who found a wallet on a New York City subway and planned to track down its owner. An undercover cop then went up to him and asked him if he'd ever been arrested before. The cop caused him to be late for work.

Answer 1

Do you have a link to the story.
I think there is a little more to the arrest.

Answer 2

If the cops can prove that you intended to keep the wallet, yes. You must go past a policeman or a police station before an arrest can be made. In other words you must have had a chance to turn the wallet in to the proper authority before an arrest. It is NOT entrapment, the police did nothing to you to cause you to commit the offense. Those with the junior lawyer kits should stay quiet.

Answer 3

I've never heard of such a sting, but would like to think theyre are better ways to nab a crook.

Two things would have to happen to make this illegal, either you take the wallet off someone, or in the immediate area of a person... or you open the wallet, take out the valuable items, and leave the rest.

There is no such thing as "finders keepers". It is just the opposite in some states. In Wisconsin, not returning any found property over $25 is illegal. The proper procedure is to turn it in, if it is unclaimed in 30 days, then you can have it.

Entrapment does not apply either. For entrapment, an officer has to actively direct you to the commission of a crime. This scenario is completely passive, not active.

Additional: I found a link

http://www.nydailynews.com/news/ny_crime/2007/12/06/2007-12-06_nypd_says_operation_lucky_bag_stings_hav.html

Answer 4

Simply finding a wallet is not illegal and now one will be arrested for that. If you open up the wallet and take out credit cards or money, then yes you should be arrested. Many answers of the question will claim this is entrapment. Entrapment is when you coerce a person into committing a crime that they would not have committed on their own. In this case, the person did not have to open the wallet and take out money or credit cards, but they choose to do so. The police officer didn't walk up to the guy and say "hey, why don't you take his credit cards"(i know the guy above didn't do that, just using it as an example).

Answer 5

> If the cops can prove that you intended to keep the wallet, yes. You must go past a policeman or a police station before an arrest can be made.

ah so it is the thought and the intentino that is the crime here, but only inthe vicinity of a policeman or a station?

> Those with the junior lawyer kits should stay quiet.

Maybe you should aspire to have one some day :)

Answer 6

They would have nothing to arrest me on. They would have no proof that my intentions were to keep the wallet. I have found many wallets, and money clips and each time have been able to return them to their owners.

They would not have ample proof to arrest someone for theft. Now if it fell out of someones pocket and they witnessed it that is a different story...But then you get into the entrapment debate.

Answer 7

I didn't realize that returning a wallet to it's owner was illegal. And I don't think they can make an arrest just because some guy picked it up!

Answer 8

Finding a wallet would not be a crime in itself, you have to do something to deprive the person of their property permanently, if you picked up the wallet and walked past some type of official without turning it in then that would be a crime.

Answer 9

Evidently so...but it's moronic. You pick up a wallet, pocket it with full intention of turning it in, and BAM...Vice jacks you up.

Meanwhile, the Mayor's car has been stolen. Twice.

Thanks, NYPD. Keep up the good work.

Answer 10

That is impossible. They had no way of knowing if he was going to return it or not. He may have been planning on going home and calling.