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  • Leaving With Property

    This is the continuing saga of the couple I previously described in Stoplight Camera - 3 Questions.

    The guy has decided to leave the gf. She has informed him that if he takes any property he did not move in with, she will call the police and report that he has stolen the items. Since they have been together, he has purchased numerous new items on her credit cards. But he has also been paying her credit card bills, so he considers the stuff to be his. It's mainly things like CDs, DVDs and such.

    His concern is that if he packs this stuff in his car and takes off, and she calls the cops, he will be unable to prove that the property is his, and will be arrested. Of course he is even more concerned, because he is hoping to be a cop.

    Any advice would be appreciated. We're in CA.
    ..................................................

    The Donut Shop : A Cop-Friendly Forum

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  • #2
    Originally posted by Entre Nous View Post
    This is the continuing saga of the couple I previously described in Stoplight Camera - 3 Questions.

    The guy has decided to leave the gf. She has informed him that if he takes any property he did not move in with, she will call the police and report that he has stolen the items. Since they have been together, he has purchased numerous new items on her credit cards. But he has also been paying her credit card bills, so he considers the stuff to be his. It's mainly things like CDs, DVDs and such.

    His concern is that if he packs this stuff in his car and takes off, and she calls the cops, he will be unable to prove that the property is his, and will be arrested. Of course he is even more concerned, because he is hoping to be a cop.

    Any advice would be appreciated. We're in CA.
    That would be a civil dispute. It's not theft.

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    • #3
      I dont have advice or information...i just wanted to say that again i'm reminded how nice it is to be single

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      • #4
        Originally posted by Jellybean400 View Post
        i just wanted to say that again i'm reminded how nice it is to be single
        Yeah, I feel the same way when I talk to him.
        ..................................................

        The Donut Shop : A Cop-Friendly Forum

        (Please PM me for faster admittance.)

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        • #5
          Originally posted by Ten Six View Post
          That would be a civil dispute. It's not theft.
          So just to clarify, you're saying that if she calls the police and claims he is running away with her stuff, he can be quite confident that he will not be arrested?
          ..................................................

          The Donut Shop : A Cop-Friendly Forum

          (Please PM me for faster admittance.)

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          • #6
            Originally posted by Entre Nous View Post
            This is the continuing saga of the couple I previously described in Stoplight Camera - 3 Questions.

            The guy has decided to leave the gf. She has informed him that if he takes any property he did not move in with, she will call the police and report that he has stolen the items. Since they have been together, he has purchased numerous new items on her credit cards. But he has also been paying her credit card bills, so he considers the stuff to be his. It's mainly things like CDs, DVDs and such.

            His concern is that if he packs this stuff in his car and takes off, and she calls the cops, he will be unable to prove that the property is his, and will be arrested. Of course he is even more concerned, because he is hoping to be a cop.

            Any advice would be appreciated. We're in CA.
            Well, well. well, What webs we weave when we try to deceive!" No 1 Any young man that would move in w/someone so inmcompentent, I don't know if I want him out on the street protectin' me anyway. No 2 I saw this one coming...no commitment, no loss, no gain just cut and run and mabe one of you will be the wiser! After theres a whole lot of road out there...and as they say..."So little time"... Pleeeeese, wise up

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            • #7
              Originally posted by Jellybean400 View Post
              I dont have advice or information...i just wanted to say that again i'm reminded how nice it is to be single
              JB, Please...pass me a donut Over the fingers round the thumb, LOOK OUT TUMMY, -^&%(&@...here it cooooooooomes!

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              • #8
                EN,
                Civil= smalls claims court...not the cops.
                DD
                This profession is not for people looking for positive reinforcement from the public. Very often it can be a thankless job and you can't desire accolades, because those are not usually forthcoming. Just do your job to the best of your ability and live with the decisions you've made.

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                • #9
                  I agree with most of the responses here, its small claims. the cops will show and may or may not tell him to give it back, half it or what ever...

                  I agree with Hood- I prolly would nt want this guy on the PD if he has this poor of judgement, however...if she happens to be a drama queen and he has the recepts and bills to prove he paid for them and her cards, he may just have them back.

                  BUt cut your losses and leave, move forward and learn the signs of what your dealing with. Also, dont move in after only 3 months.
                  ‘Some cause happiness wherever they go; others, whenever they go.’
                  Oscar Wilde

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                  • #10
                    Usually, the house-holder has certain property rights in my state. That means the name on the lease, but not always.

                    A judge or arbitrer needs to settle this dispute. My advice would be for the bf to take hie personal property, clothes, etc., and get a court order for the rest.

                    You as a cop have no way to judge jointly-held property. But I would not let him leave the house with disptued property.
                    "Say hal-lo to my leetle frahnd!"

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                    • #11
                      Originally posted by Gene L View Post
                      Usually, the house-holder has certain property rights in my state. That means the name on the lease, but not always.

                      A judge or arbitrer needs to settle this dispute. My advice would be for the bf to take hie personal property, clothes, etc., and get a court order for the rest.

                      You as a cop have no way to judge jointly-held property. But I would not let him leave the house with disptued property.
                      Okay, so if they get there before he leaves the house, it sounds like they may stop him. Would they arrest him? If he had already left would they stop the car and search it?

                      I will tell him about getting a court order. I really wish he would just leave the stuff because in total it's probably worth no more than $200. But you know how it is when couples fight, and every little thing becomes a life or death matter.
                      ..................................................

                      The Donut Shop : A Cop-Friendly Forum

                      (Please PM me for faster admittance.)

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                      • #12
                        In my area, the police would not arrest him and they would have no cause to search the car. Moreover, they could not make him return the property or leave it behind. We might be able to reason with him but in the end we would have no authority to force him to do anything, under the circumstances.

                        Any such order would come from a civil court, not a criminal court. In short, no arrest-no search.

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                        • #13
                          Originally posted by Entre Nous View Post
                          Okay, so if they get there before he leaves the house, it sounds like they may stop him. Would they arrest him? If he had already left would they stop the car and search it?

                          I will tell him about getting a court order. I really wish he would just leave the stuff because in total it's probably worth no more than $200. But you know how it is when couples fight, and every little thing becomes a life or death matter.

                          No, I wouldn't arrest him. I woudl take a report, giving both sides (if he was still here) and If she wanted, she could apply for a warrant. A cop would be out of line arresting him, IMO, unless he clearly had property that belonged to her, like her eyeglasses or somethign. I believe in minimal police action in cases like this.

                          I would like to add that a boyfriend/girlfriend situation to me would be the same as any other relationship that is non-biding. If the house is in her name, I wouldn't allow him to leave with property from that house any more than I would let a neighbor who claims a lawn mower is his leave with that lawn mower. Marriage is a contract, living together is not. Let the court sort it out, but until then, I wouldn't let him leave with anything other than his clothes and toothbrush, and would strongly admonish her not to destory anything (which would be recorded on the report.)
                          Last edited by Gene L; 05-31-2007, 08:01 AM.
                          "Say hal-lo to my leetle frahnd!"

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                          • #14
                            Thanks everyone. I appreciate your responses, and I've passed them along.
                            ..................................................

                            The Donut Shop : A Cop-Friendly Forum

                            (Please PM me for faster admittance.)

                            Comment

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