Theft by finding

Criminal law
Elements
Actus reus Mens rea Causation Concurrence
Scope of criminal liability
Accessory Accomplice Complicity Corporate Principal Vicarious
Severity of offense
Felony (or Indictable offense) Infraction (also called violation) Misdemeanor (or Summary offense)
Inchoate offenses
Attempt Conspiracy Incitement Solicitation
Offense against the person
Assassination Assault Battery Child abuse Criminal negligence Defamation Domestic violence False imprisonment Frameup Harassment Home invasion Homicide Human trafficking Intimidation Kidnapping Menacing Manslaughter (corporate) Mayhem Murder felony Negligent homicide Robbery Stalking Torture
Sexual offenses
Adultery Bigamy Child sexual abuse Cybersex trafficking Fornication Homosexuality Incest Indecent exposure Masturbation Obscenity Prostitution Rape Sex trafficking Sexual assault Sexual slavery Voyeurism
Crimes against property
Arson Arms trafficking Blackmail Bribery Burglary Embezzlement Extortion False pretenses Forgery Fraud Gambling Intellectual property violation Larceny Looting Payola Pickpocketing Possessing stolen property Robbery Smuggling Tax evasion Theft Trespass to land Vandalism, Mischief
Crimes against justice
Compounding Malfeasance in office Miscarriage of justice Misprision Obstruction Perjury Perverting the course of justice
Crimes against the public
Apostasy Begging Censorship violation Dueling Genocide Hostage-taking Illegal consumption (such as prohibition of drugs, alcohol, and smoking) Miscegenation Piracy Regicide Terrorism Usurpation War crimes
Crimes against animals
Cruelty to animals Poaching Wildlife smuggling Bestiality
Crimes against the state
Lèse-majesté Treason Espionage Secession Sedition Subversion
Defenses to liability
Actual innocence Automatism Consent Defense of property Diminished responsibility Duress Entrapment Ignorantia juris non excusat Infancy Insanity Justification Mistake (of law) Necessity Provocation Self-defense
Other common-law areas
Contracts Defenses Evidence Property Torts Wills, trusts and estates
Portals
Law
v t e

Theft by finding occurs when someone chances upon an object which seems abandoned and takes possession of the object, but fails to take steps to establish whether the object is genuinely abandoned and not merely lost or unattended before taking it for themselves.^[1] In some jurisdictions, the crime is called "larceny by finding" or "stealing by finding".^[2][3]

By nation

United Kingdom

In the UK, a theft occurs when there is a dishonest appropriation of property belonging to another with the intention to permanently deprive.^[4] This definition can therefore include property that is found, whether abandoned or incorrectly delivered, where the finder does not take appropriate steps to return it to the lawful owner. Commonly it is accepted in the UK that property is handed in to a Police Station for repatriation, unless the finder can locate the owner directly - such as returning a credit-card to a branch of the issuing bank, or sending a driving-licence back to the DVLA. Police forces will document the finding, retain for safe keeping and, with most found property, allow the finder to return and claim the property as theirs should the owner not come forward within a set period of time.^[5][6]

United States

In the United States, if the owner of a property has renounced all property rights in the object, then the property is abandoned.^[1] Since theft is the unlawful taking of another person's property, an essential element of the actus reus of theft is absent.^[2]

The finder of lost property acquires a possessory right by taking physical control of the property, but does not necessarily have ownership of the property. The finder must take reasonable steps to locate the owner.^[1] If the finder shows that reasonable steps to find the owner have been taken then the finder may establish that the required mens rea for theft, the intention to deprive the owner permanently, is absent.^[2]

Some have argued that finding should not be a province for the criminal law system but that any dispute as to ownership be left to resolution via a civil suit.^[3] Others have argued that the jurisprudence gives rise to legal fictions and strained reasoning which has attracted divergent statutory law reform in different jurisdictions.^[7][8]

In discussing the history of finding, Alice Tay collected some cases (at footnote 36) where a finder raised an unsuccessful defence to larceny on the grounds that the circumstances of finding were such that no inquiry as to the true owner was required:^[2]

• Lamb's Case (1694) 2 East, P. C. (London, 1803) 664 (driver of hackney carriage keeping articles and cases left behind by passengers)
• Wynne's Case (1786) 1 Leach 413, 168 E. R. 308, 2 East, P. C. 664 (facts as in Lamb's Case)
• R. v. Pope (1834) 6 C. & P. 346, 172 E. R. 1270 (prisoner picking up hat after brawl in passage of public house)
• R. v. Kerr (1837) 8 C. & P. 176, 173 E. R. 449 (servant keeping money picked up in passage of master's dwelling-house)
• R. v. Peters (1843) 1 C. & K. 245, 174 E. R. 795 (prisoner 'finding' valuable ornaments in garden of one who had employed him to do some work)
• R. v. West (1854) 6 Cox C. C. 417 (stall-keeper appropriating purse left on stall by customer)
• R. v. Moore (1861) L. & C. 1, 169 E. R. 1278 (barber-shop keeper converting banknote picked up on floor after a customer had purchased some hair oil)

and cases where the circumstances were held to show no larceny:

• R. v. Wood (1848) 3 Cox C. C. 277 (banknote found on open land)
• R. v. Dixon (1855) 7 Cox C. C. 35, 25 L. J. M. C. 39 (lost note without mark)
• R. v. Shea (1856) 7 Cox C. C. 147; R. v. Christopher (1858) Bell C. C. 27, 169 E. R. 1153 (unmarked notes and purse found in public place)
• R. v. Glyde (1868) 11 Cox C. C. 103 (sovereign found in high road)
• R. v. Deavis (1869) 11 Cox C. C. 227 (prisoner's child found six sovereigns in public place)

An issue may arise when a person takes possession of lost property with the intention of returning it to the owner after inquiry but later converts the property to the finder's use. This is illustrated by Thompson v. Nixon [1965] 3 W.L.R. 501: an off duty police constable found a bag of rabbit food lying by the roadside, took it home intending to hand it in as lost property but some time after decided to keep it for his own use. He was found guilty at first instance but his ultimate appeal to the Divisional Court was upheld. The appellate court held that, at the time of finding, there was no mens rea to support a conviction of larceny.^[7]

Trash

In California v. Greenwood (1988), the United States Supreme Court ruled that trash left at curbside for collection is effectively abandoned and subject to taking by anyone.^[9] This ruling superseded the California Supreme Court ruling, in People v. Krivda (1971), that placing trash at curbside was not necessarily an abandonment of same to the police or general public, as a reasonable assumption would be that only a particular regulated entity (i.e. the trash collection company or department) would take possession.^[10]

Thus garbology (the examination and analysis of trash) and dumpster diving are legal in the United States. Consequently, the abandonment of private medical records by placing them in trash has resulted in civil penalties against companies doing so.^[11][12]

Australia

In Victoria, the Victorian Crimes Act^[13] defines this crime by exception "72.3(c) A person's appropriation of property belonging to another is not to be regarded as dishonest if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.

In Queensland, there is a similar warning.^[14]

See also

• Finders, keepers

References