Is this a violation of CA Penal code 485 (theft of lost or mislaid property)?

July 25, 2010, 5:48 am
Question
My childrens' father took my car keys from my house without my knowledge. I didn't notice until hours later when I needed something from my car. I called him 3 times to ask if he or one of the kids had it, and all three times he said no. The 4th time I remembered that he had gotten the booster seat from the trunk and wouldn't have been able to do that without the keys, to which he replied "Oh, yeah. I just looked in my pocket and your keys are here." He then left my car keys at his sister's house, which is approximately 62 miles away and told me that he couldn't return them to me because he had other things to do. I insisted that he find someone to fix his mistake because I couldn't drive to his sister's house and get them. After a while he told me that his brother would bring me the keys. I confirmed with his brother, and at 9:11 pm he said that he was leaving the sister's house with my keys. He should have made it here by 10:30 pm at the latest. It is now 2:45 am and he hasn't shown up and isn't answering his phone. Has his brother committed theft of lost or mislaid property? One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft. Please help me
Answer
He has not committed theft but he should return your keys even if by US mail, if you will contact the local police they can send an officer to his sisters house and retrieve the keys they will either relay them to you via other departments or mail them.~





Leave a reply

Your Name:
 
Your Email:
 
Comment:
 
 
captcha