- Jurisdiction
- Kansas
I am looking for a bit of help with with KSA 21-5225, specifically the first sentence of "lawful possession". I am looking for references in law of when possession officially is transferred, be it legal or illegal.
Background: I had a bicycle stolen. 2 days later I drove through an apartment complex and spotted the bike laying in the open unattended but was laying down. I approached the bike and upon ID'ing the bike, stood it up and called the police. I was then confronted by an aggressive teen and his crazy mother and the mother attempted to take the bike from me. The teen was convicted of theft.
Most of the possession citings in law seem to be directed towards drugs, vehicle searches, etc. I understand that knowledge may constitute possession but I also understand physical possession trumps knowledge such as when a person owns something and has knowledge of where it is, but someone steals it. The thief then has physical possession.
There may be some sentiment that by picking up the bike, I had committed theft but one cannot be convicted of theft of their own property and I did not know who had prior possession (did not know the people that approached me).
The way I see this, I had physical possession of the property as the owner.
Background: I had a bicycle stolen. 2 days later I drove through an apartment complex and spotted the bike laying in the open unattended but was laying down. I approached the bike and upon ID'ing the bike, stood it up and called the police. I was then confronted by an aggressive teen and his crazy mother and the mother attempted to take the bike from me. The teen was convicted of theft.
Most of the possession citings in law seem to be directed towards drugs, vehicle searches, etc. I understand that knowledge may constitute possession but I also understand physical possession trumps knowledge such as when a person owns something and has knowledge of where it is, but someone steals it. The thief then has physical possession.
There may be some sentiment that by picking up the bike, I had committed theft but one cannot be convicted of theft of their own property and I did not know who had prior possession (did not know the people that approached me).
The way I see this, I had physical possession of the property as the owner.
