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Stolen bike dispute

Discussion in 'Alternative Dispute Resolution' started by Crystal Andromeda, Sep 26, 2019.

  1. Crystal Andromeda

    Crystal Andromeda Law Topic Starter New Member

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    Hello. Thank you for reading my post. I bought my bike used from a friend and received paperwork and a owner's manual with the bike. I owned the bike for a month when on Monday a man who was very drunk came running from across the street yelling at me and grabed my bike causing me to fall. he was threatening me and I have never seen this person in my life.. He was claiming that the bike was his. I yelled for people to call 911.when the police arrived we both gave our story. This person had not reported the bike stolen and did not even know where it was stolen from or when. He could not prove it was his and did NOT have a serial number. He alluded to having a picture of the bike on his phone but not a serial number. He had absolutely no other evidence. The police even tried calling a bicycle repair store that he said he had visited months ago and they did not have the serial number either. I was on my bike at the time remember that. I am riding my bike when this person makes this up. The only thing this person could produce was a pic on his phone of a similar bike. This is in an affluent neighborhood BTW. I am a traveler with a backpack and can appear to be homeless by police. I am convinced that this was what they base their judgment on but do not know for sure. They also asked a lot of probing questions that were designed to get me to give information that would implicate myself in just about anything. They were trying to basically get anything on me that they could. They said they were going to put the bike in evidence but then let it go to him. I asked for a police report multiple times and was refused one they would only give me a witness statement. The next day I went to the police station to fill out a police report and was stonewalled by the officer. I already have a written statement that I am ready to email to the police supervisor or internal investigations and City Hall. /Administration. What is my next step? do I need to contact a lawyer or the department of Justice. I know I need to get my side of the story in soon. Since they have denied me a police report I have typed up a statement/report style email with my side of the story with even more details that does not look good for the police. I just don't want to email it to someone in police administration cuz that would be showing my hand. Or is that exactly what I need to do so they give me my bike back?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Sorry, but neither the police report or any amendment you file will do you any good because it's hearsay and not admissible in court.

    If you want any chance of getting your bike back you'll have to sue the man who took it.
     
  3. mightymoose

    mightymoose Moderator

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    It sounds to me like they blew it. It is not their job to take property from one person and give it to another. Have you made a formal, written complaint at the department? You may not get the bike back but you may be compensated for its
    value.
    Even if the bike had been stolen these officers should not have given it to the other person. The matter should have been resolved in court.

    Ok, good start, but I would not email it unless they specifically ask you to. Print it out, sign it, and deliver it in person. If they have a specific form for citizen complaints be sure to use it.

    They took property from you because it was allegedly stolen, gave it to someone else, and failed to document it? If true it is certainly something internal affairs should look in to.

    It wouldn't hurt, but if you can't afford it no telling how much help you might get. The value of the bike isn't much but they might be interested if they feel you have a civil rights issue worth looking in to.

    You won't get the bike back. Not that bike anyway. They aren't going to go take it back again. You would be compensated with cash, or maybe an equivalent bike if your are agreeable to it... or nothing if for some reason your complaint never gets anywhere.
     
  4. Crystal Andromeda

    Crystal Andromeda Law Topic Starter New Member

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    I am intending to take this to court or to some hearing. That's why I wanted to email the statement so that there would be digital email proof that I responded with my side of the story in a timely manner. It's a Small Town Police department so I don't know if they have internal affairs although I have been using Google. A formal complaint? I guess I should go that route. I know they will have to pay me back for the bike. Thank you for being encouraging about this a few other people have to. I have already been told I have a good legal leg to stand on and yes you're right it is not their job to give my property to other people. I am also looking into suing the man in court.
    Thanks again for responding. BTW this is a $1,500 bike were talking about.
     
  5. Zigner

    Zigner Well-Known Member

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    You need to file an official claim against the department for conversion. If you don't do that in a timely manner (6 months, I believe) than you won't have an option to sue the police.
     

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