One cannot typically get in trouble for buying stolen property unless they knew or should have known it was stolen when they bought it.
Possession being in the name of the crime is not all encompassing of what is required to be convicted of the crime.
If someone posted an iphone on ebay and I bought it for 300$ and it turned out to be stolen, I’m not going to get in trouble for that.
Yeah but correct me if i’m wrong here, even if they didnt know it was stolen, they would still have to surrender the item…
Definitely
As to the whole “you had to know it was stolen” part, it varies by state. In NY a DA would have to prove you knew it was stolen. When you end up on court because you bought a $700 iPad for $50 with no box, manual or charge cord out of the trunk of some guy’s car in a parking lot there’s a good chance the jury is going to side with the DA in saying you knew it was stolen.
Like I said in Florida it must be shown that the knew or had reason to know. A low price like I talked about earlier goes towards “had reason to know.”
This is all assuming the person that has it actually bought it and wasn’t the one who took it.
This is directly from the Florida statute:
Which basically says that possession alone unless you have a damn good excuse infers that you knew or should have known it to be stolen. I like when people make up their own variations of the law though.
I’m really not surprised that FL’s version puts the burden on the accused to prove they had no reason to think the property was stolen, VS New York where the burden is on the state to prove the accused knew the property was stolen.
:tup: to FL
Pictures not working?
I hope you find this, how was it stolen in the first place?
From the girl who had it stolen… I have Icloud on my iphone and ipad but i think she turned it off on the ipad. it fell out of my bag on my flight home from the bahamas. my friend filed a police report for me… it is going to be a little more difficult since she turned the icloud tracker off
it's a 32gb 4g with wifiNo pass code then I take it? I think mobile devices should have mandatory codes, considering how many others can be put at risk. It’s not just the person that lost their device at risk sadly.
Yes to the above statement. I never had a pw on my iPhone because I thought it would be a pain in the ass to unlock every time I wanted to use it, but our exchange settings at work require a six digit pw and now I would never not have a pw on a phone/tablet. Just too much private/compromising info on there. I’m not hating on the girl who lost her shit, just giving my $.02
---------- Post added at 10:56 PM ---------- Previous post was at 10:54 PM ----------
And I’m sure leet hax could get through a password protected phone, I don’t know anything about that stuff, but at least it would give you an opportunity to use the find my phone feature, and prevent opportunistic thieves from getting your shit
That’s cute that you think I don’t know what I’m talking about.
Do you know what an inference means? It means it is simply a rebuttable presumption that can be overcome by the accused. And it’s funny how you can’t read what I said. Purchase substantially below market value = exactly what I said “A low price like I talked about earlier goes towards “had reason to know.””
That presumption is not all that difficult to overcome. If it was bought and not substantially below market value, you just overcame the presumption. If you have possession and it wasn’t bought and a family member gave it to you, you just overcame the presumption.
Maybe if you read what I say then you will see at no point did I contradict or make up my own law. Possession alone does not equal bam you’re guilty. Presumptions such as that are easily overcome all the time, it simply shifts the burden of proof.
Bump…
See how easy it is when you actually enable iCloud…
Good thing they weren’t using Apple maps to track him.
LOL
honestly there is an easy way if she used any accounts on your ipad and you have the history you could easily ddos them from your computer and find there adress off of something called comview wich is 90% accurate most of the time. but its tricky to find it if its been stolen but its a plus if u have her twitter account her ip will show on comview with her adress if she tweets anything.