stolen cell phone?

[Carlito78]

Jurisdiction

Pennsylvania

Hello. I have a question I am a little shocked to hear about but I need some answer as to what is going to happen. So I received a call from a trooper that asked me if I had stolen a cell phone from a restaurant. I asked I wasn't sure because it had been so long ago. But now I recall. I remember seeing a phone on the table. I thought it was misplaced so doing what anyone would have done. I picked up the phone and went along my way. Now they are saying I stole it. I did not see the person nor did I see them with the phone. Is this theft and could I be charged with anything. I was 18 at the time tht has happend.

 

[cynthiag]

Seeing a phone you thought was "misplaced" and then taking it is not "doing what anyone else would have done". Plenty of people I know, including myself, have found lost cell phones in places of business and instead of just walking off with them, they've turned them in to an employee of the establishment and left it to them to try to contact the owner. My husband left his phone on a restaurant table once, and a kind person did the same thing for him and he was able to go pick the phone up from the office.

It sounds like you're under the misconception that it's only considered stealing if you go up and grab something out of the owner's hands. It doesn't matter that you didn't see the person or see them with the phone, you still walked off with something you knew didn't belong to you.

 

[army judge]

Is this theft and could I be charged with anything.

What you describe is the definition of theft.


Theft requires TWO elements:


1) the unauthorized or unlawful taking of someone else's property; and

2) the requisite intent to deprive the victim of the property permanently.


You've described theft accurately.

Whether you'll be charged with theft is solely within the purview of the district attorney elected or appointed to prosecute crimes within the county where the alleged theft took place.

Your mistake was talking to the police.

You have the RIGHT to remain silent.

If you are arrested, all you need to do when asked about this alleged event is to say, "I invoke. I want a lawyer."

Then don't respond when asked about this or any other crime.

Don't comment on your whereabouts.

Do give your name, address, date of birth, etc...

It is okay to chat about baseball, football, the weather, flowers, birds, etc...

 

[mightymoose]

I asked I wasn't sure because it had been so long ago.

Nothing you told them after this was believed.

I remember seeing a phone on the table. I thought it was misplaced so doing what anyone would have done. I picked up the phone and went along my way.

Why in the world would you think it is ok to take property that someone misplaced? Finder's keeper's only works in elementary school.
I wouldn't have taken the phone. If anything I would have handed it over to an employee to put in the lost and found.

Now they are saying I stole it

You did steal it, according to what you wrote.

Is this theft and could I be charged with anything.

Yes and yes.
I haven't looked up the statute in your state, but generally if you find property you must make a reasonable effort to return it to the owner if you have the means. Cell phones are easy to identify and return to owners. You apparently made no effort and decided it belonged to you from that point.

Consider four options.
1. Visit an attorney and deliver the phone to him. Let this attorney handle all interaction with the police on your behalf. This will cost you.
2. Make arrangements to turn in the phone yourself, but make no statements or attempt to explain yourself in any way. You've already given a statement over the phone and likely done enough damage. If you are lucky they will believe you lacked any criminal intent when you took the phone and are just somewhat ignorant. (That's not an insult... In this case it could be a good thing).
3. Do something else.
4. Do nothing.

 

[Disabled Vet]

Hello. I have a question I am a little shocked to hear about but I need some answer as to what is going to happen. So I received a call from a trooper that asked me if I had stolen a cell phone from a restaurant. I asked I wasn't sure because it had been so long ago. But now I recall. I remember seeing a phone on the table. I thought it was misplaced so doing what anyone would have done. I picked up the phone and went along my way. Now they are saying I stole it. I did not see the person nor did I see them with the phone. Is this theft and could I be charged with anything. I was 18 at the time tht has happend.

Why do people that steal state the bold sentence.... WHAT ANYONE would have done. I would have picked it up and checked for MOM, DAD, Brother, Sister etc in the contacts. I would have also turned it in to management at the restaurant. So don't say ANYONE would have done. You stole it.... time to get a lawyer.

 

[zddoodah]

So I received a call from a trooper that asked me if I had stolen a cell phone from a restaurant.

That seems like a bizarre thing to ask. Criminals are not generally known for truthfully answering inquiries from law enforcement officers about their crimes.

I asked I wasn't sure because it had been so long ago.

You weren't sure? Are you in the habit of stealing cell phones?

But now I recall. I remember seeing a phone on the table. I thought it was misplaced so doing what anyone would have done. I picked up the phone and went along my way.

What anyone would have done? Do you really think "anyone would have done" this? I think most people would have left it alone and moved on. Many folks would have turned the phone in to a restaurant employee to put in lost and found. Only a small minority would have stolen the phone.

Now they are saying I stole it.

Well...you just admitted that you did.

I did not see the person nor did I see them with the phone.

You obviously knew it wasn't yours! The only legitimate thing for you to have done would have been to have brought the phone to a restaurant employee to put in lost and found.

Is this theft and could I be charged with anything.

Of course it is.

I was 18 at the time tht has happend.

First of all, you didn't tell us how old you are now. Second, are you asserting that, at the age of 18, you still believed "finders keepers/losers weepers" was a legitimate way for humans to govern themselves?