Need help.I bought a really nice bike today and it shows as Stolen
12-23-22, 05:59 AM
#126
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Originally Posted by Schweinhund
This is California, (referring to TFunk's comment)if you buy something stolen without knowledge, you might have a claim against the original owner if they want their item back.
IF it can be "reasonably inferred" that you didn't know it was stolen.
IF it can be "reasonably inferred" that you didn't know it was stolen.
Nonsense, you have no legal claim against the owner. If you contact them demanding a reward, you may be setting yourself up for a criminal charge. You'd be admitting you know the item is stolen and you are depriving them of its use. Plus you are probably going to be investigated as to whether you actually were involved in the theft.
It's an idiotic thing to do.
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12-23-22, 06:55 AM
#127
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I am disappointed to see that the OP didn't do the right thing. I'd have stripped it down, tossed the frame out in the sellers yard and called the police from a burner phone. . I'd no longer be encumbered by a traceable stolen item and I wouldn't have to suffer as much financial loss on account of the owner's irresponsibility.
12-23-22, 07:04 AM
#128
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Originally Posted by Schweinhund
This is California, (referring to TFunk's comment)if you buy something stolen without knowledge, you might have a claim against the original owner if they want their item back.
IF it can be "reasonably inferred" that you didn't know it was stolen.
IF it can be "reasonably inferred" that you didn't know it was stolen.
12-23-22, 07:36 AM
#129
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Originally Posted by retswerb
I found myself in this situation recently. Bought a bike off Craigslist for a good price, came home happy. Rode it a couple of times and then thought about registering it in case it ever got stolen... followed by the sinking feeling that I didn't know whether or not it was already stolen, I hadn't bothered to think about it or to check. Made the quick check - relief! No hits, so I registered it myself.
Not saying it was the smartest way to do things (and I'll remember to check BEFORE the purchase next time), but I see how OP ended up here. Some of us have bought and sold a handful of bikes in our day, not dozens.
Not saying it was the smartest way to do things (and I'll remember to check BEFORE the purchase next time), but I see how OP ended up here. Some of us have bought and sold a handful of bikes in our day, not dozens.
How expensive is the bike? Does the seller look like someone who would own this kind of bike? Is the asking price a bit too good to be true? How and where was the bike advertised for sale? Does the seller have a purchase receipt? Is there a shop service history?
I think it's fairly easy to get a good feeling for whether or not a bike for sale is likely to be stolen.
In your case, I presume the circumstances of the sale didn't raise any alarm bells?
12-23-22, 10:14 AM
#130
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Originally Posted by PeteHski
In your case, I presume the circumstances of the sale didn't raise any alarm bells?
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12-23-22, 10:21 AM
#131
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Originally Posted by Chuck M
I saw not really red flags but let's say very pink ones once for a used Centurion I saw listed on facebook marketplace. I contacted a friend that worked for the small town police station to see if there were any reports of it being recently stolen. He pretty much communicated they wouldn't look it up because the local PD didn't really care and that if I wanted it, I should buy it. I passed on the bike, but it told me a lot about how at least my local police department prioritized stolen property.
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12-23-22, 04:05 PM
#132
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Originally Posted by livedarklions
Nonsense, you have no legal claim against the owner. If you contact them demanding a reward, you may be setting yourself up for a criminal charge. You'd be admitting you know the item is stolen and you are depriving them of its use. Plus you are probably going to be investigated as to whether you actually were involved in the theft.
It's an idiotic thing to do.
It's an idiotic thing to do.
There's also laws stating that if something is worth 1000 dollars or less, and a shoplifter gets out your door, don't bother trying to tackle. You'll go to jail for assault.
Last edited by Schweinhund; 12-23-22 at 04:09 PM.
12-23-22, 04:12 PM
#133
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Originally Posted by Lombard
You're joking, right?? Why would it be the original owner's fault that their bike was stolen?
12-23-22, 04:34 PM
#134
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Originally Posted by Schweinhund
No, I'm not joking.
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12-23-22, 04:48 PM
#135
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Originally Posted by Schweinhund
What I said was correct. This is not your state and laws vary. Just so happens in California that we have rights that you may not have in your state.
There's also laws stating that if something is worth 1000 dollars or less, and a shoplifter gets out your door, don't bother trying to tackle. You'll go to jail for assault.
There's also laws stating that if something is worth 1000 dollars or less, and a shoplifter gets out your door, don't bother trying to tackle. You'll go to jail for assault.
You're just wrong.
Go ahead, show those laws. Double dog dare you.
Shoplifting under $950 is a misdemeanor in California. The argument is that police and prosecutors won't bother with it so it's not worth it to try to stop them and risk being assaulted by the shoplifter.
There's no law allowing a buyer of stolen property to demand recompense from the victim of the theft, that's just stupid. I don't even know what you're misinterpreting here, I suspect you have just made it up.
Stop learning your law from social media.
12-23-22, 04:49 PM
#136
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Originally Posted by Schweinhund
No, I'm not joking.
Go ahead, show that law. Put up or admit you are wrong.
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12-23-22, 05:45 PM
#137
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Originally Posted by livedarklions
Go ahead, show that law. Put up or admit you are wrong.
Someone in the bay area had to reimburse someone for some photographic equipment. and that created precedent.
12-23-22, 05:50 PM
#138
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Originally Posted by livedarklions
Funny, I went to law school in California.
You're just wrong.
Go ahead, show those laws. Double dog dare you.
Shoplifting under $950 is a misdemeanor in California. The argument is that police and prosecutors won't bother with it so it's not worth it to try to stop them and risk being assaulted by the shoplifter.
There's no law allowing a buyer of stolen property to demand recompense from the victim of the theft, that's just stupid. I don't even know what you're misinterpreting here, I suspect you have just made it up.
Stop learning your law from social media.
You're just wrong.
Go ahead, show those laws. Double dog dare you.
Shoplifting under $950 is a misdemeanor in California. The argument is that police and prosecutors won't bother with it so it's not worth it to try to stop them and risk being assaulted by the shoplifter.
There's no law allowing a buyer of stolen property to demand recompense from the victim of the theft, that's just stupid. I don't even know what you're misinterpreting here, I suspect you have just made it up.
Stop learning your law from social media.
You a practicing attorney or a dweeb that couldn't pass the California State Bar?
I understand it's pretty hard
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12-23-22, 06:04 PM
#139
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Originally Posted by PeteHski
I think a lot of this comes down to your gut feeling about the seller and specific circumstances of the sale.
How expensive is the bike? Does the seller look like someone who would own this kind of bike? Is the asking price a bit too good to be true? How and where was the bike advertised for sale? Does the seller have a purchase receipt? Is there a shop service history?
I think it's fairly easy to get a good feeling for whether or not a bike for sale is likely to be stolen.
In your case, I presume the circumstances of the sale didn't raise any alarm bells?
How expensive is the bike? Does the seller look like someone who would own this kind of bike? Is the asking price a bit too good to be true? How and where was the bike advertised for sale? Does the seller have a purchase receipt? Is there a shop service history?
I think it's fairly easy to get a good feeling for whether or not a bike for sale is likely to be stolen.
In your case, I presume the circumstances of the sale didn't raise any alarm bells?
BUT - gut feelings and first impressions can be majorly influenced (in either direction) by biases both implicit and explicit.
Easy to take the simple precautionary step of checking against a registry before finalizing the sale, something I'll remember to do next time around. The value is somewhat minimal since most bikes are unregistered, but it certainly would have helped in OP's situation.
12-23-22, 06:06 PM
#140
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Originally Posted by Schweinhund
Pretty sure it's more than 950 now. and them's pretty strong words there.
You a practicing attorney or a dweeb that couldn't pass the California State Bar?
I understand it's pretty hard
You a practicing attorney or a dweeb that couldn't pass the California State Bar?
I understand it's pretty hard
Don't start with the heckling until you can actually prove anything because right now it's obvious you are full of crap. I passed the bar in CA, but I don't practice there. I'm in NH.
Nope, $950. You can't even Google that? Pitiful.
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12-23-22, 06:16 PM
#141
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Originally Posted by Schweinhund
My lawyer told me, so Monday, remind me and I'll call him. He's not wrong.
Someone in the bay area had to reimburse someone for some photographic equipment. and that created precedent.
Someone in the bay area had to reimburse someone for some photographic equipment. and that created precedent.
I'm not reminding you to call your fictional lawyer to find your fictional case.
You're a really bad liar and you're busted.
