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by Mysterio 02/23/2022, 12:00pm PST |
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gnicholas 1 hour ago | parent | prev | next [–]
Question: someone steals your car and you go to take it back. When you drive off with it, the thief's backpack/laptop/etc. are in the back seat. Can you now be prosecuted for theft? Obviously most people wouldn't want to hang around long enough to fully inspect the vehicle to make sure they're not taking anything that doesn't belong to them!
My inkling, as a former lawyer, is that this would not be theft if you didn't know the item was there. Crimes require a certain mental state, and theft typically requires that you be aware that you're taking a thing that doesn't belong to you. If you leave a restaurant and unknowingly take someone else's umbrella from the bin instead of your own, you cannot be found guilty of theft.
If you do know the items are there, you could be found guilty. Of course, the practical reality is that you don't want to give a criminal any reason to come back to your house, hunting for his belongings.
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nwiswell 31 minutes ago | root | parent | next [–]
> My inkling, as a former lawyer, is that this would not be theft if you didn't know the item was there
Not theft, but still conversion. The thief could sue you for the value of the items. When a car is repossessed the chattels (personal items) have to be returned to avoid liability. There is case law establishing that if you tell the repo agent you have stuff in the trunk and he drives off anyway, that's prima facie conversion (monetary liability) regardless of whether they try to return the items later.
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retrac 1 hour ago | root | parent | prev | next [–]
IANAL either but the mens rea doesn't exist, right. There's also another angle: if I opened up your car and tossed my backpack in knowing it's a random stranger's car that might not be there when I get back, I have abandoned my property and have no claim against the car's owner. (It's more complicated with an honest mistake, though.)
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Teever 1 hour ago | root | parent | prev | next [–]
I would imagine that legally speaking that it is no different than the situation an Uber driver faces when someone leaves their backpack/laptop/etc. in their car.
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goodpoint 38 minutes ago | root | parent | prev | next [–]
> When you drive off with it, the thief's backpack/laptop/etc. are in the back seat.
Or even much worse, and you get blamed for the item and go to prison.
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Zillions of shut-in nerds, frothing at the thought of being able to reply with something they learned from the internet, their little internet factoids. And do not sleep on the question-asker, asking a tedious, stupid question, the kind of question one asks if they have never been outside.
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What’s awful about that one? by Blackwater 11/10/2023, 4:30pm PST
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it's everywhere by christ 11/13/2020, 7:39pm PST
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awebshitsayswhat? NT by "x1b[48;5;011TEXTx1[0m" 01/10/2022, 2:08pm PST
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Right. Not defending Pol Pot, but NT by Mysterio 02/11/2022, 2:33pm PST
Hush and drink your horse paste, cretin NT by Can I Play? 02/11/2022, 5:39pm PST
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It's not that unreasonable, is it? by blackwater 03/10/2022, 10:56pm PST
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I can't do this asshole justice. by Vidinfox 04/05/2022, 6:23am PDT
I wonder this by Mysterio 04/05/2022, 7:02am PDT
In 2020, the median household income was $67,521. by YATA2 04/05/2022, 9:22am PDT
Re: In 2020, the median household income was $67,521. by Mysterio 04/05/2022, 9:36am PDT
You can't talk to people that way. It's not nice. by Oh 04/05/2022, 9:41am PDT
The median income is literally the dividing line between wealthy and poor. by YATA2 04/05/2022, 10:39am PDT
You got moxie, kid by I'll beat your ass 04/05/2022, 10:41am PDT
Isn't it more that you'd be in the middle? A class.......... by in the middle? 04/05/2022, 10:42am PDT
This guy is catching on. That would make one side of the median lower middle... by YATA2 04/05/2022, 10:48am PDT
Wouldn't it make it "the middle class"? by in the middle? 04/05/2022, 10:49am PDT
The upper class starts at upper middle class. Que onda. NT by YATA2 04/05/2022, 10:51am PDT
I'm an economist and I don't think that's accurate. by Economist Guy 04/05/2022, 10:52am PDT
By volume, you would likely be two economists. NT by YATA2 04/05/2022, 10:55am PDT
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By volume, I can't hear you. NT by YATA2 04/05/2022, 11:01am PDT
ouch NT by Economist Guy 04/05/2022, 11:26am PDT
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Pregnancy is a binary, wealth is a spectrum. by YATA2 04/05/2022, 12:42pm PDT
He's an expert on the spectrum NT by because he's on it 04/05/2022, 1:25pm PDT
Cheap shot NT by Oh 04/05/2022, 1:45pm PDT
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No man, 30 bucks an hour in the US means you are FABRUROUSLY WEALTHY by Holy shit, that's what this guy 04/05/2022, 10:51am PDT
Not being poor makes you some degree of wealthy, pravda. NT by YATA2 04/05/2022, 10:57am PDT
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Dogshit post as usual NT by Hysterical Losers 04/20/2022, 2:52pm PDT
This must be one of those nasty Trumpists who keep stirring shit up by Horus is gonna be pissed 04/20/2022, 10:33pm PDT
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Experts on everything. by Ice Cream Jonsey 07/12/2022, 6:47am PDT
Hackernews tackles the delicate subject of critising people on the internet by blackwater 08/14/2022, 12:14pm PDT
* criticizing NT by blackwater 08/14/2022, 12:14pm PDT
Watch doughy nerds incorrect one another in this thread. It's about fitness. by Mysterio 08/16/2022, 5:49am PDT
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Steve Jobs dying was AN INFLECTION POINT IN HISTORY by hackernews 11/07/2022, 9:27pm PST
Another inflection point: Hi-C inventing the fruit drink product that had no NT by effect on cancer 11/07/2022, 9:31pm PST
hackernews AI experts weigh in by mysterio prime 12/02/2022, 1:53pm PST
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The autism is uncontained by Vidinfox 01/29/2023, 6:09am PST
In a rare moment of clarity someone observes that by blackwater 01/29/2023, 8:36pm PST
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it’s not that complicated to setup a VPN guys by blackwater 02/08/2023, 1:49pm PST
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Why nothing works on the internet by Vidinfox 02/22/2023, 11:44am PST
I find a lot of people who should quit don't. by blackwater 02/22/2023, 4:12pm PST
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Four Byte Burger by A FRIEND 04/27/2023, 7:29am PDT
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the Unabomber by Vidinfox 06/10/2023, 2:45pm PDT
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Luxury that's worthless if you are chased by heat and thirst NT by Mysterio 06/28/2023, 6:48am PDT
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Using "fail" as a noun is a fail. NT by I laid your mom's back. 07/01/2023, 3:40pm PDT
How to get Hacker News webshits Yosemite-Sam levels of mad by blackwater 07/05/2023, 7:43pm PDT
So far I've scrolled through fifteen pages and nobody seems mad. by pinback 07/06/2023, 5:01am PDT
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Vindinfox and you are the dummies NT by please stop with this thread -Caltr 07/06/2023, 11:26am PDT
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webshits incorrect each other about lead poisoning by blackwater 07/24/2023, 2:28pm PDT
fuck you NT by Thonk 03/07/2024, 11:47am PST
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We, adults, need to bully kids with iPhones by Ice Cream Jonsey 09/01/2023, 5:51am PDT
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Hackernews is in a frenzy about the Bored Ape festival that blinded w/ UV lights by blackwater 11/06/2023, 4:22pm PST
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Re: Bad Hackernews takes by laudablepuss 01/08/2024, 11:24am PST
Webshits believe you should hire more webshits. Film at 11. NT by blackwater 01/08/2024, 3:44pm PST
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HP Printing plans. Actually, everyone else was dumb. by Vidinfox 03/07/2024, 11:02am PST
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Paying a fee and receiving a product is a description of all NT by transactions 03/07/2024, 11:38am PST
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I need to borrow some money. NT by Thonk 03/27/2024, 11:06pm PDT
Re: Bad Hackernews takes by Vidinfox 03/27/2024, 10:58pm PDT
This cunt by Mysterio Yesterday, 10:09am PDT
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