Student cell phone found

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TheWolfMaiden

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On September 28 of this year, my step son left his cell phone on a school bus, he informed us the moment he got home. I immediately went online and logged on to our cell providers website and noticed that cell phone was being used. I suspended service on the phone, I attempted to call Transportation to inform them that a cell phone had been left behind and was told that the bus had already been turned in and to call back on Monday.

Rather than calling back on Monday, my husband went to the school to talk to the principal. She said that she would talk to the students that were on the bus after he got off and see if they had any information. Later on in the afternoon a police officer contacted us and said that they had talked to several students but didn't have any clear information but would continue working on it, he also said that the phone would be listed as lost but was technically stolen since whoever had it had used it and it became a "crime" at that point. He also stated that they wouldn't review the tape off the school bus as they didn't want to "point" fingers or maybe the person that took it off the bus no longer had it.

The principal called later that day and informed us that some students had reported a student with the phone but according to the school he wasn't even supposed to be on that bus as he was at another school but she did turn the information that she had gotten over to the police. I spoken again to the officer and he stated that they would not question the person that was reported with the phone as he wasn't supposed to be on that bus and that he was at another school but yet several students reported him as the one that took the phone and even gave his name and were willing to identify him but the police refused to question him.

We waited an entire week to file a claim with our insurance company holding out on the fact that maybe whoever had it would grow a conscience we filed a claim October 5, reported the phone lost/stolen and had to pay $50 for the deductible. That evening about 5 pm the person who had it contacted me. He told me he had found the phone on a bus and said he would like to return the phone but he was no longer in the area and would be visiting his dad for the weekend and would contact me so that we could meet so that he could return the property. I asked his name and he said that his name was Joseph. As I was having the conversation I could hear someone in the background talking to him, and I could vaguely make out that they were "feeding" him what to say. I asked if there was an adult there that I could speak to as I wasn't entirely comfortable talking to him. He stated that there wasn't. I again asked him how he got the phone and he changed his story stating that his friend gave it to him. I asked for his friends name and asked if I could have a number to contact his father so that maybe we could all get together to discuss the situation. He stated that his friends name was Daniel but he had to go and that he would call me tomorrow when his mother dropped him off for visitation at his fathers. We said goodbye, I wrote down the name and number that appeared on the caller id.

The following day I waited and waited to hear from the boy, he never called. So I called the number that I had gotten off the caller ID the previous day and got in touch with his mother. I asked if she knew that her son Joseph had called me about a cell phone he had in his possession. She informed me that she did know but her son's name wasn't Joseph it was Billy and that she was present during the conversation. I informed her that the cell phone was reported stolen and she stated that her son had done nothing wrong but did say that the phone had been in her son's possession for at least 5 days and that they had been trying to figure out who it belonged to. I asked how come he provided a false name and she stated that she did not know. I heard her ask her son for "Daniels" information and he said the he would have to get it and she stated that she would call me back with that information. She stated to me that her son found the cell phone in his drive way, that makes for story #3 on how he obtained the phone. I also informed her that calls were made to friends that were in the contact list and they were very inappropriate, she stated that she knew and then got very angry and asked if I wanted the cell phone back. I told her I did and if she could mail it to our local police department as I was not comfortable giving her my address. She got very angry, stated that she would not and hung up.

I had to wait a few days to contact the officer that was handling the case as schools were out for an extended holiday and would not be back in session until October 9th. I called the PISDPD(Pasadena Independent School District Police Department) and spoke with a Sgt there. This was on Monday the 8th of October. I gave him the information, he asked me a few questions, took my name and number and said that he would pass the information onto his officer that was handling the case and that he would have the officer call me back on Tuesday. I took him at his word and waited for the officer to call me back.

Finally after not hearing anything from the officer, I started calling and left several messages so that he could get the new information. He finally called me back on Wednesday afternoon, mind you this is 5 days after speaking to the person who was in possession of my phone. I explained to the officer what was said, and before even taking any information from me about the number, the name of the person, he informed me that no charges would be filed. I got very upset as he hadn't even spoke to the person yet and yet he was telling me that nothing could be done. The officer asked me if they called me from the "cell phone in question" and of course they couldn't call me from that number as service had been suspended, he asked me if she told me her name, she hadn't and I didn't give her mine either. He again stated that he was not going to file any charges. He and I got into a very heated discussion and he said the he was not going to argue with me any longer and to contact his Sgt. So I did, his Sgt told me that I wasn't going to tell him how his officer was going to do his job and that there was "no proof" this person "stole" the phone and that my step son was just as responsible in the whole situation and if I wanted to yell at someone to yell at him. I was also informed that there was "no crime" which is why there are no charges being filed. They have not called me since and I have not heard back from the person who has my property.

Is what they say true? I thought that when you find property and you discover the owner of said property that you had a certain number of days to return that property or you could be charged with theft? I am looking for any guidance in this situation any advice would be great fully appreciated.
 
So I did, his Sgt told me that I wasn't going to tell him how his officer was going to do his job and that there was "no proof" this person "stole" the phone and that my step son was just as responsible in the whole situation and if I wanted to yell at someone to yell at him.


I agree.

Suspend your kid's cell phone privileges.
 
Indeed they have been, but that doesn't help me get my property back from this woman and her teenage kid. I have since gotten my replacement phone. The woman that has my phone keeps taunting me though, she keeps calling my home phone. In the last few days I have gotten calls on the replacement phone for her sister..do I have no recourse at all?
 
Sue the thieves in small claims court for the actual dollar amount of the damages you have suffered.
 
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