Question on ethics and the law on found items.

[Ranger Paul]

Since this was touched upon in another post, I thought this would be a good place to ask and start a separate topic.
If an item of value like a gold ring or other piece of identifiable jewelry etc. is found in a public place such as a park or beach, is it the law to attempt to find the owner, such as placing an ad in the local newspaper? If by doing so, and the item is not claimed, is it then "legally" yours to keep, or was it legally yours to keep all along? Is it the ethical thing to do or is it law in some states?
I do know that if you find an item of any value over a few dollars in a National Park, you are required to turn it in to the nearest Ranger station. We once had a case where a hiker found a "Leatherman" and refused to turn it over to authorities, and ended up being cited for it, and faced a rather harsh penalty.
I think the answers will be interesting and informative. All replies are appreciated.
Ranger Paul

 

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[teverly]

As far as i know it is finders keepers as far as what you find at parks or beaches.
The exception may be that at some state parks you may be required to turn it in and wait for a certain amount of time before you can claim it...
good hunting!!!

 

[DirtDiggerDaveinMD]

If there are not any identifing marks, such as a name or some other inscription that only the owner would know about, I can't really expect the owner to be found. Just think about all of the nutbags that would come out of the woodwork if you put an ad in the newspaper that reads " Diamond ring found. Call 555-5555"

 

[treasurejack]

"State Laws" are different in every state, so you'd better check them out as needed just to be safe.

Also, the limits of MDing in some state parks are left up to the property manager, so even in the same state a different park can operate under different rules. At least this has been my experience.

 

[slowreaper]

I have no idea about how the laws read, but back in the 70's a friend and I did underwater recover in northern WI. You know rods reels and boat motors that drunks lost while on the lakes. We often would bring up other stuff we found, lures and the like,One day we brought up an anchor that someone had tossed over board with out it being tied to the boat. The guy that lost it found out we brought it up and demanded it back, we said sure for a $10 recovery fee. He got upset and about 2 hours later we had a local cop knocking on the door, taking back the anchor and telling us that we could not charge him for his own property.

After that if we found something we left it there, but would let it be known we found it, they could swim for it themself or they could hire us to do it. I know it sounds kind of mercinary, but it was what we did to make a few buck and we did often give people back there stuff for nothing if they weren't jerks.

Brad

 

[TreasureTales]

Lost property is not abandoned property. Lost property is still the legal property of the previous owner.

Treasurejack is correct, you'd need to check with each state, and then even with each specific area within the state, to be sure. It's also true that sometimes it just depends on who you talk to on any given day. I've had some state employees say "no" and others say "yes" at the same place, but on different days. I always try to get a name or badge number because I might have to refer back to them if some other guy comes along and tries to kick me out. It's tough hunting on public lands because they no longer are open to all segments of the public. What used to be legal when I was a kid is quickly becoming illegal - and what used to be illegal is now becoming legal. It's a strange age we live in. LOL

 

[Ant]

I'm glad I don't find many items over $100.00.

Citation: CA CIVIL § 2080 - 2082

Citation: West's Ann. Cal. Civ. Code § 2080 - 2082

Summary: This statutory section comprises California's lost property laws.


Statute in Full:

§ 2080. Duties of finder
§ 2080.1. Delivery to police or sheriff; affidavit; charges
§ 2080.2. Restoration to owner
§ 2080.3. Advertisement; payment of cost; vesting of title in finder
§ 2080.4. Local regulations
§ 2080.5. Authority to sell
§ 2080.6. Public agency; adoption of regulations
§ 2080.7. Abandoned property
§ 2080.8. University regents or police department
§ 2080.9. Trustees of state university
§ 2080.10. Public agency temporarily receiving personalty for safekeeping; duties
§ 2081. Storage by bailee until freight and charges paid
§ 2081.1. Auction; notice
§ 2081.2. Surplus; disposition
§ 2081.3. Surplus; failure of owner to demand; payment to county treasury
§ 2081.4. Termination of bailee's responsibility; liability of warehousemen
§ 2081.5. Advances; effect upon sale of unclaimed property
§ 2081.6. Applicable law
§ 2082. Amount of fees; payment



§ 2080. Duties of finder
Any person who finds a thing lost is not bound to take charge of it, unless the person is otherwise required to do so by contract or law, but when the person does take charge of it he or she is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire. Any person or any public or private entity that finds and takes possession of any money, goods, things in action, or other personal property, or saves any domestic animal from harm, neglect, drowning, or starvation, shall, within a reasonable time, inform the owner, if known, and make restitution without compensation, except a reasonable charge for saving and taking care of the property. Any person who takes possession of a live domestic animal shall provide for humane treatment of the animal.

§ 2080.1. Delivery to police or sheriff; affidavit; charges
(a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff's department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state:
(1) From what and how it was saved.
(2) Whether the owner of the property is known to the affiant.
(3) That the affiant has not secreted, withheld, or disposed of any part of the property.
(b) The police department or the sheriff's department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff's department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property.

§ 2080.2. Restoration to owner
If the owner appears within 90 days, after receipt of the property by the police department or sheriff's department, proves his ownership of the property, and pays all reasonable charges, the police department or sheriff's department shall restore the property to him.

§ 2080.3. Advertisement; payment of cost; vesting of title in finder
(a) If the reported value of the property is two hundred fifty dollars ($250) or more and no owner appears and proves his or her ownership of the property within 90 days, the police department or sheriff's department shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the city, county, or city and county whose police or sheriff's department caused the notice to be published.
(b) If the reported value of the property is less than two hundred fifty dollars ($250) and no owner appears and proves his or her ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction.

§ 2080.4. Local regulations
Notwithstanding the provisions of Section 2080.3 or Section 2080.6, the legislative body of any city, city and county, or county may provide by ordinance for the care, restitution, sale or destruction of unclaimed property in the possession of the police department of such city or city and county or of the sheriff of such county. Any city, city and county, or county adopting such an ordinance shall provide therein (1) that such unclaimed property shall be held by the police department or sheriff for a period of at least three months, and (2) that thereafter such property will be sold at public auction to the highest bidder, with notice of such sale being given by the chief of police or sheriff at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the county, or that thereafter such property will be transferred to the local government purchasing and stores agency or other similar agency for sale to the public at public auction. If such property is transferred to a county purchasing agent it may be sold in the manner provided by Article 7 (commencing with Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the Government Code for the sale of surplus personal property. If property is transferred to the local government purchasing and stores agency or other similar agency pursuant to this section, such property shall not be redeemable by the owner or other person entitled to possession. If the local government purchasing and stores agency or other similar agency determines that any such property transferred to it for sale is needed for a public use, such property may be retained by the agency and need not be sold.

§ 2080.5. Authority to sell
The police department or sheriff's department may sell such property by public auction, in the manner and upon the notice of sale of personal property under execution, if it is a thing which is commonly the subject of sale, when the owner cannot, with reasonable diligence, be found, or, being found, refuses upon demand to pay the lawful charges provided by Sections 2080 and 2080.1, in the following cases:
(1) When the thing is in danger of perishing, or of losing the greater part of its value; or,
(2) When the lawful charges provided by Sections 2080 and 2080.1 amount to two-thirds of its value.

§ 2080.6. Public agency; adoption of regulations
(a) Any public agency may elect to be governed by the provisions of this article with respect to disposition of personal property found or saved on property subject to its jurisdiction, or may adopt reasonable regulations for the care, restitution, sale or destruction of unclaimed property in its possession. Any public agency adopting such regulations shall provide therein (1) that such unclaimed property shall be held by such agency for a period of at least three months, (2) that thereafter such property will be sold at public auction to the highest bidder, and (3) that notice of such sale shall be given by the chief administrative officer of such agency at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the county in which such property was found. Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the public agency. In a county having a purchasing agent, the purchasing agent may conduct such sale, in which case the provisions of subdivisions (2) and (3) of this section shall not be applicable. Such sale shall be made by the county purchasing agent in the manner provided by Article 7 (commencing with Section 25500) of Chapter 5 of Part 2 of Division 2 of Title 3 of the Government Code for the sale of surplus personal property. If the public agency determines that any such property transferred to it for sale is needed for a public use, such property may be retained by the agency and need not be sold.
(b) "Public agency" as used in this section means any state agency, including the Department of General Services and the Department of Parks and Recreation, any city, county, city and county, special district, or other political subdivision.

§ 2080.7. Abandoned property
The provisions of this article have no application to things which have been intentionally abandoned by their owner.

§ 2080.8. University regents or police department
The Regents of the University of California may provide by resolution or regulation for the care, restitution, sale or destruction of unclaimed property in the possession of the Regents of the University of California or of the University of California Police Department. Any resolution or regulation adopted pursuant to this section shall provide therein (1) that such unclaimed property shall be held by the Regents of the University of California or the University of California Police Department for a period of at least three months, (2) that thereafter such property will be sold at public auction to the highest bidder, and (3) that notice of such sale shall be given by the Regents of the University of California or the University of California Police Department at least five days before the time therefor by publication once in a newspaper of general circulation published in the county in which such property is held. The Regents of the University of California may dispose of any such property upon which no bid is made at any such sale.

§ 2080.9. Trustees of state university
The Trustees of the California State University may provide by resolution or regulation for the care, restitution, sale, or destruction of unclaimed, lost, or abandoned property in the possession of any state university. Any resolution or regulation adopted pursuant to this section shall include therein (1) that such unclaimed or lost property shall be held by the particular state university for a period of at least six months, (2) that thereafter such property, as well as abandoned property, will be sold at public auction to the highest bidder, and (3) that notice of such sale shall be given by the Trustees of the California State University at least five days before the time therefor by publication once in a newspaper of general circulation published in the county in which such property is held. The Trustees of the California State University may dispose of any such property upon which no bid is made at any such sale.

§ 2080.10. Public agency temporarily receiving personalty for safekeeping; duties
(a) When a public agency obtains possession of personal property from a person for temporary safekeeping, the public agency shall do all of the following:
(1) Take responsibility for the storage, documentation, and disposition of the property.
(2) Provide the person from whom the property was taken with a receipt and instructions for the retrieval of the property. The receipt and instructions shall either be given to the person from whom the property was taken at the time the public agency obtains the property or immediately mailed, by first-class mail, to the person from whom the property was taken.
(3) If the public agency has knowledge that the person from whom the property was taken is not the owner, the agency shall make reasonable efforts to identify the owner. If the owner is identified, the public agency shall mail, by first-class mail, a receipt and instructions for the retrieval of the property.
(b) The receipt and instructions shall notify the person from whom the property was taken that the property must be claimed within 60 days after the public agency obtains possession or the property will be disposed of in accordance with the disposal provisions of this article. Within 60 days, the person may do one of the following:
(1) Retrieve the property.
(2) Authorize in writing another person to retrieve the property.
(3) Notify the public agency in writing that he or she is unable to retrieve the property, because he or she is in custody, and request the public agency to hold the property. If a person notifies the public agency that he or she is unable to retrieve the property within 60 days, or have an authorized person retrieve the property, the public agency shall hold the property for not longer than 10 additional months.
(c) The public agency shall not be liable for damages caused by any official action performed with due care regarding the disposition of personal property pursuant to this section and the disposal provisions of this article.
(d) As used in this section, "public agency" means any state agency, any city, county, city and county, special district, or other political subdivision.

§ 2081. Storage by bailee until freight and charges paid
When any goods, merchandise, or other property has been received by any railroad or express company, other common carrier, commission merchant, innkeeper, or warehouseman, for transportation or safekeeping, and is not delivered to the owner, consignee, or other authorized person, the carrier, commission merchant, innkeeper, or warehouseman may hold or store the property with some responsible person until the freight and all just and reasonable charges are paid.

§ 2081.1. Auction; notice
If within 60 days after its receipt no person calls for the property and pays the freight and charges upon it, the carrier, commission merchant, innkeeper, or warehouseman may sell the property, or so much of it as will pay freight and charges, to the highest bidder at public auction, after first causing such notice of sale to be given as is customary in sales of goods by auction at the place where the goods are held or stored.

§ 2081.2. Surplus; disposition
If any surplus remains after paying the freight, storage, expenses of sale, and other reasonable charges, the sum remaining shall be paid over to the owner of the property, upon his demand at any time within 60 days after the sale.

§ 2081.3. Surplus; failure of owner to demand; payment to county treasury
If the owner or his agent fails to demand the surplus within 60 days after the sale, it shall be paid into the county treasury, subject to the order of the owner.

§ 2081.4. Termination of bailee's responsibility; liability of warehousemen
After the storage of the property the responsibility of the carrier, commission merchant, innkeeper, or warehouseman ceases. The person with whom the property is stored is not liable for loss or damage on its account unless the loss or damage results from his negligence or want of proper care.

§ 2081.5. Advances; effect upon sale of unclaimed property
When any commission merchant or warehouseman receives produce, merchandise, or other property on consignment and makes advances upon it, either to the owner or for freight and charges, if the advances are not paid to him within 60 days from the date made, he may cause the produce, merchandise, or property on which the advances were made, to be advertised and sold pursuant to this article.

§ 2081.6. Applicable law
All proceedings pursuant to this article are governed entirely by its provisions and are not controlled or affected by Article 2, Chapter 3, Title 7, Part 4, Division 3 of this code. [FN1]

[FN1] Section 2114 et seq.

§ 2082. Amount of fees; payment
The fees of officers under this chapter are the same allowed by law for similar services, and shall be paid by the taker up or finder and recovered from the owner

 

[Ranger Paul]

Now I remember why I didn't follow a career in law! Criminal justice was as far as I wanted to go. Geez, you need a lawyer to decipher that stuff. Thanks for the very informative reply.
So, in a nutshell, it sounds like you are under no obligation to turn anything over or to advertise for the owner unless:

1. The item is worth over $100
2. You are an employee of the state and find it while working for the state, it is to be turned in and if not claimed it will be auctioned.
3. Property that is found on federal grounds by anyone must be turned in.
4. Property was not lost but was actually abandoned (dumpster diving) is free game.
5. If you advertise for the owner and they don't claim the property within 7 days, it may be legally yours. (still some question on weather you are required to turn it in to authorities first)
RP

 

[Ant]

As you can see the California Law is complicated to say the least. After you read it two to four times it becomes clearer......

 

[TheSleeper]

This is not ment as a flame NOR as a politicial statement:

Now this post makes one wonder "are we talking LAW or are we talking common sense" ?

Laws are made by and for lawyers and politicians. If i find an item (and mind you i don`t care if it is on fed land or state land) unless it has some intials on it, or an ad is posted with a complete discription so id`ing is exact, and i mean exact, then i found it, someone else lost it "so sorry end of subject". If it has intials yes i will do my best to get it returned to the orginal owner (NOT the feds or state who will not try to locate the orginal owner hence no one claiming it) then sell it off and the feds or state gets the money or it will disappear.

You want to get technical, under the law>>> ever item anyone finds belongs to someone who "DIDN`T " loose it just misplaced it but it still belongs to them. HUMMM ok everyone that finds an arrowhead turn it over to the feds to be returned to the American Indians, every spanish real u may find on the beach turn it over to the feds so they can return it to spain, or every war relic turn it over to the feds since some soldier must have misplaced it>>> See where this could go>>>> ohhh what if i send each park or fed land a lost and found statement, stating i lost $10.00 in there park, do u actually think i will ever hear from them>>>NOT....

This is just another manuver by the state or feds to get more money, our tax dollars isn`t enough for them so they want any item u may find so they can sell it off and pocket the money, ain`t heard yet where some honest treasure hunter found a ring on state or fed land turned it in, ring wasn`t claimed then sold off by the state or feds who then sent the lucky treasure hunter a reward for finding it> No the money gained by the sale if it was sold and not misplaced went into the state or feds pockets.

An old man once said "you lead by example" if and when this goverment ever regains its honesty then and only then will i respect it and be honest in my dealings with this goverment.

 

[wolfmanjoe3]

25+ years ago I found $90 in cash laying on the ground with no one in sight. As a poor college student, I pocketed the much needed cash and thanked my lucky stars.

Years later I had an interesting debate with someone who said I should have turned it in to the campus police so they could try to find the owner. My question was 'how would they positively identify the owner?' and the reply was to require the 'owner' to identify the denominations of the bills.

Let's say they posted a lost-n-found notice for $90 cash. I wonder how many people would correctly guess the denominations - 4 $20 bills and 1 $10 bill. Not very conclusive.

OK - let's say they just posted the fact that some cash was found, but not the total $ amount. There would still be a lot of people guessing and a lower chance that they would guess correctly. But even the owner might not remember the amount lost and the exact mix of the bills.

So, am I rationalizing my decision or does the old adage "finders keepers, losers weepers" apply in situations like this where a generic item is found?

On the other hand, I would go out of my way (and have gone out of my way) to return a wallet, class ring or other personal item.

IMHO, if you find a plain gold band or even a nice diamond ring on a beach - it is yours. It is just too hard to find and positively identify the original owner. If you find an item like a class ring that can positively be traced to an owner, I think it is your duty to try to return it.

I can't speak to state laws - that's what the legalese above is all about...

 

[Monty]

I pretty much agree with sleeper on the law and common sense except for one important point. The laws are made by your elected representatives. If bad laws are passed it is because you elected bad representatives. I dont mean any one person is to blame rather I use you collectively as a member of a Democratic Republic. When bad laws are passed they can be changed if enough people protest or in some cases civil disobedience makes it unenforceable. How many of us have made even a feeble attempt to change a bad law in our lifetime. How many have phoned or written your elected representatives to voice approval or disapproval fo any law at all? I think you will find it is not many.
And I must add that monies collected from the sale of found and turned in items do not automatically go back to the PD, or Sheriff, or any one specific entity within government. (Unless a law has been passed providing for same, a Catch-22 for sure) Not always but most of the time the money goes into the "General Fund" and is shared by many departments within that particular jurisdiction. I am speaking primarily about City and County level government as I worked in city government for 30 years and had to manage part of the general fund dollars.
That being said, as a general rule in a practical world, it's always been "finders keepers" unless there is a distinct identifying feature or monogram, name, etc. I have found very few really expensive items and if the owner is not concerned enough to make some effort to recover his/her valuable property or heirloom, then I feel no guilt or concern about keeping it. As someone else hinted, if you ran an ad in the newspaper you would invariably get fraudulant claims or every kook in town would be calling hoping to make a lucky guess in describing it. And if yoiu are of the ilk that would run an ad, for pete's sake don't describe the item in your ad. Make the inquirer describe it accurately to you. Monty

 

[treasurejack]

Was it "Lost" or was it "Abandoned?" Here lays the legal debate.

"Lost" is a term applied to items that the owner is still actively seeking, though there are no true requirements applied to the term, "Actively Seeking."

"Abandoned" is suppose to apply to an item that is no longer being pursued by it's original owner/owners, however, if I told someone, "Hey, if you ever come across that thing I'd sure like to have it back," then the stage is now set to make a legal argument that I never truly abandoned the search for the item. You could even pay a kid a buck and tell him, "If you and your friends ever find it let me know."

The problem is that the legal eagles want to keep these silly debates alive and well because it's in their best interest to do so. Likewise, State & Federal Governments don't want to clearly define "Abandoned" because it's in their best interest not to. So with all of this in mind let me propose the following solutions:

1) If a personal item has been lost for over 2 years, with no clear documentation or existing contract to establish "active pursuit" then it has indeed been "abandoned" and it's rightful owner now remains in decision of the finder.

2) After fifty years of age an item becomes defined as an "existing antique" or a "historic artifact." If such an item is discovered then it is up to the State or Federal Government, or "any historic interest", to purchase the item from the finder at a reasonable market value within one year. If no purchase is made then the item/items become property of the finder.

3) In the case of clearly marked personal items, such as Jewelry, then it has thus been established by the markings that the original owner marked his possession in case of loss or theft, thus further establishing his right of permanent ownership throughout his/her lifetime, and the item must be returned.

Just the way I think it should be.

 

[Ant]

So I loose my diamond wedding ring at a park while retrieving my injured toddler from the swing area. The ring had been placed in my blazer pocket for safe keeping. You come along the next morning with your nifty detector, and in the same swing area you find my wedding ring. The BS comes in when you say that you can't determen the rightful owner of items without identifiable caricatures on them. But items with initials on them can. Some owners of items that have sentimental value, especially gold, can be found if the Laws are followed.

That depends on a few factors, such as:
How long has the item been lost, did the person that lost it make an effort to report it, and are they still looking for it, etc.

It seems like some of us say it's ours to keep. At this point the moral soul would report it to park personal and then report and turn it over to the police department. At this point in the scenario a generic advertisement should be placed in the lost and found section of the local newspaper.

A cheep class ring has nothing on a wedding ring in my mind. But that's just me. The gold contend in a 10k class ring if you're lucky is about $35.00 if that. The gold contend in a 10k wedding ring might not be much more, but the diamond will most likely boost the scrap value over $100.00. And a wedding ring has much more sintenmental value in my book.

 

[TreasureTales]

In all things in life that are iffy, the general rule of thumb is: SHUT THE HECK UP. If in doubt as to what to do with the huge diamond encrusted gold chalice you just dug up in the county park - SHUT UP ABOUT IT AND DON"T POST ITS PICTURE ON TNET.

Folks, there are always going to be things that I will try to reunite with the original owner - class rings, wedding bands, children, pets. Stuff like that. But anything that fails to fit into my own sphere of ethical good sense will be MINE and I don't really care what anyone else thinks - particularly not what the gov. thinks. Yes, it is up to us to elect decent and intelligent politicians, but where are they? I don't even think an honest one can remain honest for long because of their peer pressure. Maybe I'm rationalizing my own bad behavior, but I don't think so.

I've returned items and received sincere thanks. I've returned items and had the door slammed in my face once the item was handed over. I've had cops question ME about wallets I've turned in to them - with the money intact - as if I'm a crook. So I learned my lessons and came up with my own code of ethics which seem fair and reasonable to me. I can live with myself. I make every effort to return things that could be IDed by the rightful owner. Doesn't matter how long the item may have been gone from him. If I cannot find the rightful owner after trying as hard as I can, I will consider it mine.

I live by the Treasure Hunters Code of Ethics and I add a few more points to it - but I did the work to find the stuff, so my priority is to myself. If I can find the rightful owner - great. If I can't - well it's my lucky day!

 

[Blind.In.Texas]

ID on the object is one thing. Everyday off the shelf items are mine until proven otherwise....

 

[konnon6]

I would like to say this.
If its fair and resonable and a win win then its OK! But time after time
I have had my finds sized, only to find out that it was taken home by
someone else or given away! Now my time and effort are worth something! not to mention the cost of my gas,batterys,time, research
energy and whole lot more.If you find something hide it!and secure it.
Trust nobody!

 

[TreasureTales]

I would like to say this.
If its fair and resonable and a win win then its OK! But time after time
I have had my finds sized, only to find out that it was taken home by
someone else or given away! Now my time and effort are worth something! not to mention the cost of my gas,batterys,time, research
energy and whole lot more.If you find something hide it!and secure it.
Trust nobody!

Amen. The 3 S's of treasure hunting: Scoop Secure Shut up

 

[spez401]

I AM a lawyer and I can't understand the Californa code. LOL

Like was already mentioned, the laws in every state (and then Federal Lands) are different. There are likely similarities between yours and CA's, but probably small differences too.

As for lost/abandoned. Usually the argument can be made that if you don't make any efforts to locate a lost item... it becomes abandoned. Looking for 5 minutes and then saying... "well... nevermind"... does not rise to the level of a continuous search/recovery attempt which is often the deliniating factor between lost and abandoned.

Generally, any item of "value" (cash, rings, etc) should be reported and given to the local law enforcement authorities. All have a procedure for retaining lost items. Usually, the police will give the "owner" between 30 and 60 days from the time the item is left with the police to collect the item. If it is not collected within the prescribed time you can then take the item back. Again... this is generally... check your local laws for specifics. The easiest way to do that (if you can't get them online) is to go to your local courthouse and use their law library. The librarian there will probably pull the correct statutes for you.

For me... I rarely, if ever, report things to the police. Too many times have I dealt with officers who had "sticky fingers" for the cool things that wandered into the station. (I'm not saying all cops are bad... far from it... but I wouldn't be leaving a small diamond ring that can walk out of the precinct in the lieutenant's pocket... but I digress). If the item is identifiable... initials, names, class rings, wallets, etc, than I will make efforts to contact the owners myself. Very often you can hunt down class rings from schools, wallets often have ids, etc. When I hit the parks, and find something valuable, like a ring, I'll put an add in the local paper. It costs me about $5 to do it. When I'm on vacation and hit the beaches and find rings, I notify the front desk that I found a ring, and if anyone comes looking for one, they can contact me. (I actually returned one on my honeymoon that way)

But, if there are no identifiable marks, and no possible way of knowing who's it is... my opinion is that the item is mine, and it goes into my collection of goodies.

oh... if anyone has any specific questions as to their states, drop me an email, I can probably get you at least the statutes (and possibly the case law) for your state. I have access to 23 of the state's laws.

steve

 

[TheSleeper]

In all things in life that are iffy, the general rule of thumb is: SHUT THE HECK UP. If in doubt as to what to do with the huge diamond encrusted gold chalice you just dug up in the county park - SHUT UP ABOUT IT AND DON"T POST ITS PICTURE ON TNET.

Folks, there are always going to be things that I will try to reunite with the original owner - class rings, wedding bands, children, pets. Stuff like that. But anything that fails to fit into my own sphere of ethical good sense will be MINE and I don't really care what anyone else thinks - particularly not what the gov. thinks. Yes, it is up to us to elect decent and intelligent politicians, but where are they? I don't even think an honest one can remain honest for long because of their peer pressure. Maybe I'm rationalizing my own bad behavior, but I don't think so.

I've returned items and received sincere thanks. I've returned items and had the door slammed in my face once the item was handed over. I've had cops question ME about wallets I've turned in to them - with the money intact - as if I'm a crook. So I learned my lessons and came up with my own code of ethics which seem fair and reasonable to me. I can live with myself. I make every effort to return things that could be IDed by the rightful owner. Doesn't matter how long the item may have been gone from him. If I cannot find the rightful owner after trying as hard as I can, I will consider it mine.

I live by the Treasure Hunters Code of Ethics and I add a few more points to it - but I did the work to find the stuff, so my priority is to myself. If I can find the rightful owner - great. If I can't - well it's my lucky day!

TT exactly..

spez401, in everything there are good and bad, yes i am down on lawyers and politicians, BUT from your replies and statements you have made i can see that you are one of the good lawyers this country has. You show common sense, something most lawyers severely lack, they are all book sense. So please do not take all my comments to heart about lawyers as like i said i do not consider you one of them.

Ant, If you placed an ad with a exact discription for your lost ring, I don`t think there is a single person here that would not try there best to either help you recover your lost ring or if found return it to you.