Penal Code 485 PC - Appropriation of Lost Property
Most people think that if they find lost property, it's just okay to keep it. But if you find some lost property that has some value, and there's a way for you to figure out who the valid owner of the property is, and you take it anyway, you'll be charged with a theft crime.
Depending on the property's value, it could be charged as a felony, a misdemeanor, or even an infraction. I see people, and I've had cases all the time; people are going by the back of stores where they find pallets – those wooden things that they carry stuff on – and they're taking those saying, I thought these were trash.
You reasonably should know those are not trash. People use those. It's not your property. If you take it, you're subject to being charged with a crime, and depending on how valuable those items are, that could also be a crime.
If you're going in areas where there could be a question as to whether or not something is trash or somebody's property, that's a situation where it's pretty easy to prove that you reasonably should know it's not your property. Please don't touch it. You don't work for the trash department.
Defenses for Appropriation of Lost Property
On the other hand, suppose you're just walking on the beach and find somebody's diamond ring in the sand. In that case, that's probably a situation where if you don't see any way to figure out whose that is, there's nobody around, it's early morning – we can think of the scenario – if there's no way to ascertain who the owner is, you could probably keep that property.
You're not responsible for running an ad in the paper or anything like that. But, if you want to be completely safe, you could take it to the police station and let them deal with it. But finding some property that's not yours – as far as whether you can keep it – really depends on the circumstances.
So, you run a risk, especially if you keep something precious – of it later being determined that you have that property. You could potentially be charged with a crime, even if you didn't have a reasonable way to inform anybody.
Maybe somebody could allege that you're the one who stole the property. Now you're in a horrible position. If you're going to be ultra-safe and ultra-cautious, it's probably never a good idea to keep anybody's specific property.
If you find cash, on the other hand, and nobody's around. You have no way to get it to anybody; you're probably in an excellent circumstance to be able to keep that and not be charged with something violating Penal Code Section 485.
So, there are defenses to a violation of Penal Code Section 485, and that would be to say, I have no way of knowing who the owner of this property was. I didn't take it. I found it. How else could I have dealt with it but to keep it? I could have just left it there, but somebody else probably would have taken it.
If you find yourself in a situation where you believe there was no reasonable way for you to identify the owner of the lost property, you stand a good chance of defending yourself against a Penal Code Section 485 charge. In such a case, it's crucial to seek legal representation. An attorney can help you present the best defense for the situation.
But taking lost property, you know, people think at first glance that if you find it, you can take it. Still, the bottom line is if there's somebody around or you could look around and figure, oh, that must be that person's money, that must be that person's watch, and you take it, you're probably going to get charged with theft if anybody finds out about it.
In today's society, where surveillance cameras are ubiquitous, taking property that doesn't belong to you, even if it appears to be lost, is a risky move. Thieves often use the excuse of 'abandoned property' when caught with stolen items. However, this defense is rarely successful, and the consequences can be severe.
Next Steps in Your Defense
I thought they lost it. I didn't realize it was anybody's property. People are going on people's porches and taking their mail – especially around Christmas – there are a lot of valuable items, and if the item that you're claiming you found is lost property is over $950, you could be prosecuted for a felony for that and be looking at up to three years in prison.
So, suppose you're charged with taking someone's property that didn't belong to you and trying to assert a defense that it's lost property. In that case, you'd better get to a criminal defense attorney quickly and let them assess the situation.
Let them ascertain whether or not you reasonably should have known that was somebody else's property or whether or not it's just straight lost property and it's not your fault, and you could assert a valid defense to Penal Code Section 485.
