Bobs Pawn Shop

[Highwayman]

Originally Posted by blondemoments

If the police didn't seize the item....then they weren't doing thier job. It's as simple as that.

If the original owners didn't jump up and down at the Police station, or the County Attorney's office until it was seized and make them do thier job, then obviously they didn't want it back very bad.

Until they did that....and PROVED it was thiers....then it's all hear say AND slander.

Hey BM, I confused. Didn't you post this back on page two?

I also know the people that owned this merchandise, and YES they did find their property there, and YES the police did seize it.

What's the scoop?

[blondemoments]

Originally Posted by Highwayman

Hey BM, I confused. Didn't you post this back on page two?



What's the scoop?

I talked to these people....the story they told me was different. That the police DID seize it. BUT...I'm not going to argue about what they told me...and what they told him.....because what's that??? hearsay

[Highwayman]

Sometimes stories change because they get told at different times and the situation changed in the interim.

[Bubba]

Originally Posted by blondemoments

I talked to these people....the story they told me was different. That the police DID seize it. BUT...I'm not going to argue about what they told me...and what they told him.....because what's that??? hearsay

The police may have siezed it well after the fact, I know that when the owner and the policeman were standing at the counter at Bob's when the item was first discovered there, by the original owner, that it was NOT siezed then. I do know that the person that sold the item came back in to Bob's Pawn Shop after the police and the real owner was there, he was told that the police were brought in to the situation. At that point the guy gave the money he got for it back to Bob's Pawn Shop.

I will post more in the morning after I learn more facts.

[Highwayman]

At first glance, it could be the cop had to go get that warrant and come back.

[blondemoments]

Originally Posted by Bubba

The police may have siezed it well after the fact, I know that when the owner and the policeman were standing at the counter at Bob's when the item was first discovered there, by the original owner, that it was NOT siezed then.

well they couldn't seize it right THEN....because they would have to go get a search warrant...and that takes a little time, a little thing called following procedure.

[Bubba]

Originally Posted by blondemoments

well they couldn't seize it right THEN....because they would have to go get a search warrant...and that takes a little time, a little thing called following procedure.

Why do they need a search warrant? The item is in plain view to the public, the owner is there with proof of ownership?? I know that if I get stopped in my car, and an officer wants to search my car, he doesn't need a search warrant if I give my consent to the search.

Here is some quick research I did on the web...

http://conlaw.usatoday.findlaw.com/c...ment04/04.html

''Plain View.''--Somewhat similar in rationale is the rule that objects falling in the ''plain view'' of an officer who has a right to be in the position to have that view are subject to seizure without a warrant or that if the officer needs a warrant or probable cause to search and seize his lawful observation will provide grounds therefor. The plain view doctrine is limited, however, by the probable cause requirement: officers must have probable cause to believe that items in plain view are contraband before they may search or seize them.

Seems to me that under this provision of the law that there would be no need to get a search warrant.

[blondemoments]

ok, this is making my head hurt.

[TexKan]

Good lord - my head hurts from just readin!!!.........
Where the hell is NLIRaidioGuy when ya need him?........ I know there are laws and proceedures - I would ask my fav cop but hell in Texas we just take our stuff wait till the sun sets then we shoot your ass if ya got our "stuff".........I'm begginnin to believe we don't need no friggin law!!!

I'm just kiddin now and want all ya'll to know know the sistas love ya - no matter how rowdy ya get!!

[Bubba]

OK, there is a requirement that the police need a search warrant to take an item from a pawn shop. But, I still say, that doesn't add up. Why should a pawn broker have more rights than anybody else on the street? Common sense tells me that if the police sees an item at a pawn shop in plain view, the true owner of an item is standing there with the policeman who see's the item and has documentation proving that it is his and he didn't bring it to the pawn shop, then that should be where all rights to that item is forfeited by the pawn broker. He is in possession of a stolen item, end of story.

But, I guess pawn shops get better treatment than the average citizen, that and the fact that common sense doesn't apply to some laws.