34
votes
If someone robs a bank at which (s)he has an account, can the bank deduct that amount from the robber's account?
If there has been no trial establishing Bob's guilt, the bank does not know that it was Bob who did rob the bank.
Even if the bank has Bob on the security video feed, claiming that, "As my name ...
- 5,533
11
votes
Can you be arrested for not paying a vendor like a taxi driver or gas station?
Theft of service
In Texas:
[t]heft of service charges can also arise if you agree to make payment in exchange for a service, and then refuse to pay for the service once it’s rendered.
Texas Penal ...
- 35.9k
11
votes
If someone robs a bank at which (s)he has an account, can the bank deduct that amount from the robber's account?
I don't know if it's normal or not, but my Credit Union's membership agreement says that they can permanently freeze the account without warning to members who "cause a loss". They can also ...
- 213
10
votes
Can you be arrested for not paying a vendor like a taxi driver or gas station?
Yes, an arrest is possible
Taking a taxi and telling the driver you will pay, and having already intended not to pay in the beginning but running of is, in germany, Fraud (Betrug) under §263 StGB. ...
- 31.2k
10
votes
Accepted
Why can’t I take the Uber/Lyft/etc Electric Scooters?
The premise about couches is true in terms of popular beliefs, but false in terms of law. Taking the property of another person without permission, with the intention to keep it, is theft. However, ...
- 206k
7
votes
Accepted
Force allowed against pickpocket
colorado
In the U.S., this is largely a question of state law and while similar from state to state, it is not identical.
In Colorado, which basically follows the majority rule, there are a couple of ...
- 185k
6
votes
Is "not committing a crime" sufficient consideration?
Forbearance from action can be consideration, but it must be forbearance from something that is one's legal right. It is sufficient that a person has restricted their lawful freedom of action. See ...
- 35.9k
6
votes
Can a victim of theft retroactively give the stolen item to the thief?
Yes, but that doesn't make the theft not theft
At the time of the crime, Joe committed theft. The state can prosecute Joe for that theft. Alice's subsequent gift does not change this although it would ...
- 192k
6
votes
Accepted
What is the threshold of suspicion for retail loss prevention to subject shoppers to various impositions
The security guard, acting for the (now former) owner of the property doesn't know the new ownership of the property and asks for evidence Bob now owns the property. The security guard is free to ask.
...
- 11.9k
6
votes
How is Seditious Conspiracy distinguished from ordinary robbery?
We look first to the Hutaree prosecution of 2012, US v. Stone where defendants were charged with seditious conspiracy:
Specifically, the Government charges Defendants with conspiring to
“oppose by ...
- 206k
6
votes
Accepted
Is using hidden city ticketing a theft of service?
No-show clauses in airline ticket contracts have been considered by the Tribunal Supremo (the Supreme Court) of Spain, in Judgement 631/2018; see section 6. Importantly, they applied EU legislation, ...
- 2,974
5
votes
Assuming a one trillion dollar coin exists, and is stolen, is there are sequence of events that could lead to someone legally owning it?
As current law stands, it would be property of the US Mint if coined, US Treasury, if printed as a treasury note, not federal reserve note.
This was decided by appellate court in regards to 1933 gold ...
- 1,437
4
votes
How is Seditious Conspiracy distinguished from ordinary robbery?
General Issue
It is true that 18 USC 2384 reads:
Seditious conspiracy
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to ...
- 112k
4
votes
Assuming a one trillion dollar coin exists, and is stolen, is there are sequence of events that could lead to someone legally owning it?
Yes
The coin is currency, a holder in good faith who acquired the coin for consideration is the legal owner. So, if someone steals the coin and uses it to buy something without the seller knowing the ...
- 192k
4
votes
Accepted
What makes a car not a “negotiable” chattel?
The question makes more sense if you ask it in the other direction.
Everything that is not currency, pretty much, is like the car.
Currency is the pretty much singular exception to this rule, by sheer ...
- 185k
4
votes
Accepted
If you let a thief into the building, are you liable?
The primary legal question is whether the resident (tenant) has breached a duty of care. There are all sorts of laws establishing duties of care, such as between doctor and patient, which may be ...
- 206k
4
votes
Accepted
Are parents liable to prosecution as soon as they know that their child has stolen something?
No, you are not personally criminally liable for a crime a third party has committed, even if you are their guardian.
The conflict is managed by civil action, i. e. the store owner sues the child/...
- 1,392
4
votes
Force allowed against pickpocket
canada
Force could be justified as defence of property (Criminal Code, s. 35) or as a citizen's arrest (Criminal Code, s. 494).
Defence of property
The act committed in defence of property must be &...
- 35.9k
4
votes
Accepted
Purchased merchandise stolen from customer before taken off retailer’s premises
When Bob buys a thing, it becomes his, and it ceases to be the property of the seller. By "buy", we understand that to mean "pays for and receives physical control of". At that ...
- 206k
3
votes
I have copyright of a precious notebook that its thief bequeathed to a museum that refuses to give me back the notebook. What is my recourse?
You likely have no legal recourse
Your copyright claim is irrelevant and your title claim is likely statute barred.
It is a little unclear exactly what is going on here so I will state my ...
- 192k
3
votes
Assuming a one trillion dollar coin exists, and is stolen, is there are sequence of events that could lead to someone legally owning it?
If the coin is lost behind the cushions of a sofa which is then sold in a “market overt” in British Columbia then (at least under BC law) the purchaser acquires a clean legal title to the sofa and the ...
- 1,136
3
votes
Is it a crime for a mail lady to take mail out of your hand, threaten to destroy it and drive off?
I cannot answer whether this particular person committed a crime or not. Only a court can answer that. I can give you general information about laws involving destruction of mail.
Under 18 USC 1703:
...
- 28.6k
3
votes
Accepted
Are there any jurisdictions where theft is not a crime but victims can sue theives?
Theft is universally a crime in virtually every jurisdiction. Insofar as a state has a criminal code and a functioning judiciary, theft will always be a crime. It is also a basic legal principle that ...
- 300
3
votes
What are reasonable steps to ascertain or contact lost property's owner to avoid liability for theft by finding?
Following the guidance of the police
In summary:
If the item is hazardous or dangerous you should report it to the police using the emergency number.
If the item is non-hazardous and found in a ...
- 192k
3
votes
What recourse do I have if my car was broken into while in police impound?
A person who impounds your vehicle has a duty to keep the vehicle secure until it is released, so you might be able to sue the operator of the lot for damages. An exception would be if the lot is ...
- 206k
3
votes
Call from detective
You don't have to talk to the police.
All taking a lawyer with you will do is have someone to remind you not to talk to the police, and short your bank account a couple hundred dollars.
Tell the ...
- 4,916
2
votes
Can a victim of theft retroactively give the stolen item to the thief?
One thing that pops up frequently in this SE is that the victim can "press charges," but the authorities do not need permission to charge the perpetrator. If Joe has been apprehended by the ...
- 1,027
2
votes
I bought a bottle of spirits with the security tag intact. Have I committed theft?
Theft in the U.K. requires "intention of permanently depriving the other of it" (Theft Act 1968, s. 1).
A person not knowing they have a thing in their possession does not have the intention ...
- 35.9k
Only top scored, non community-wiki answers of a minimum length are eligible