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  #41 (permalink)  
Old 01-23-2006, 07:22 AM
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Well, look from the other side of the fence. If you owned a pawn shop and people came in daily and "identified" items that were their and expected to take them back immediately, how could you ever make money? The items may very well belong to someone other than the one who pawned them. Then again, it might be another chance for somebody to rip off the pawn shop. I agree that a search warrant would be in order before an item could be seized.
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  #42 (permalink)  
Old 01-23-2006, 07:49 AM
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Pawn Brokers do get charged with "possession of stolen property" all the time. What you describe Bubba is exactly how stings are set up. What I'm thinkin here is that this is an isolated occurrence for the particular broker. Once you prove that the item is yours to the police, they get the warrent go in and search for more "stuff" that is on the stolen property list. Provided there are clear identifiers - there should be a list available to all who deal in the broker business. It IS the responsibility of the broker to check the list and to make sure he's not buying "reported" stolen merchandise. If he knowingly does this - then he is guilty of the above charge.

When we were robbed - the cops down here actually gave me the serial # to my dads gun so I could claim it. There wasn't any doubt it was the one I described - I just didn't have the serial # - They were very helpful and if they had not "bent" the rules my dad's gun would have been melted down. So see rules do get bent. Not everything goes per policy like we prefer to believe. Truth is either of these stories from Bubba or BM could actually have happened.

I got my gun back BEFORE the trial. Just because it's with the rightful owner doesn't mean the event didn't happen. I would go get my jewlery BM that's what photos are for........... they don't need your jewlery to prove a case.
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  #43 (permalink)  
Old 01-23-2006, 08:15 AM
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Going back a page or three it was mentioned about people getting caught up in the quick loan buisnesses (including pawn shops) and how it can mess up their lives. Well up around here there are actually not very many pawn shops, most of them being the "payday loan" types tho im pretty certain that in (especially) Y-town, or Canton, or Cleveland, you can get a cash loan all right...no prob....but the Vig will for real kill ya! Just miss a couple of payments and see if a couple of goons dont pull up in your driveway in a Cadillac wearing gold rings, chains, and pointy shoes with Linguini and garlic sauce on their breath! Some people might call them bank/loan officers but up here they are called "enforcers" that have a pair of Quick-Crete overshoes just your size along with some chain necklaces for you (3/4" log chain necklaces) in the trunk of that Cadillac to go on a late night cruise out on Lake Erie!
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  #44 (permalink)  
Old 01-23-2006, 10:07 AM
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The thing about those money lending places that charge super high interest rates...just ask, what good do they do? THEY are NOT there to "help" someone out in a time of "need". They are their to take advantage of someone's situation. Just like price gouging during disasters. They are there and I suppose they operate within the limits of the law but it's too bad the law won't be changed to protect the people from those type's of places. You have to call a spade a spade. Ask yourself....what does this business offer the community?
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Old 01-23-2006, 11:08 AM
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I located a bunch of my stuff in Bob's, that had been stolen by employees. But even though I knew it was mine, I didn't have a case because I couldn't provide proof that they actually belonged to me. Big friggin' joke if you ask me!!! I like Texies idea better!!
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  #46 (permalink)  
Old 01-23-2006, 11:09 AM
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The big one I can think of is that they are willing and able to loan small amounts of money that a bank isn't really chompin' at the bit to do. They also will loan for shorter periods. They seem to be better equipped to do business with the group that has a bad credit rating and I'm not sure I ever saw a bank take possession of property as collateral. Sometimes, they name collateral (as in a car loan, for instance), but the only time I've ever seen them take possesion of it is in the case of repossesion a default.

Long story short, I think they serve a percentage of society. There are laws that govern them - I have no idea about enforcement.
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Old 01-23-2006, 11:27 AM
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PAWN THIS
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  #48 (permalink)  
Old 01-23-2006, 12:23 PM
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Pwned!!!!!!
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  #49 (permalink)  
Old 01-24-2006, 04:53 AM
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OK...from the original topic, my opinion is that it is legalized loan-sharking. For the person that needs the money on a non-regular basis, it is a good thing. For the person living beyond their means, it just helps them go further into debt.

As far as stolen merchandise is concerned...In Kansas, possessing items that you know are stolen can be considered theft in itself. I would tend to believe the business owner that is taking the merchandise and having the seller sign a receipt saying they are the legit owner helps cover his rear end. Might be even better if the note was notorized.

Plain view is great legal term that can apply in many ways. I can also see the point saying if the officer and/or rightful owner sees the merchandise and can identify it, then why cant they just take it. If it was an emergency situation where the business was working out of a u-haul truck, then yeah, the officer can take it. But, since these shops are as permanent as any store can be, and because their owners prefer to cooperate with law enforcement, it is preferable to have them pull the item temporarily. This allows the officer to prepare an affidavit showing why they believe this merchandise is in fact stolen. Not only is the merchandise itself requested to be seized, but so is any paperwork related to the item. The judge must then establish that PC exists to take the items in question and put them into evidence, pending investigation, charges, and court proceedings. By doing all this, believe it or not, it helps protect everyone involved - the victim, business owner, and even the suspect, because after all, he is innocent until proven guilty.

It was posted earlier that a search warrant is not that hard to obtain. That must have been written by someone that has never typed up an affidavit in support of a search warrant. Depending on the situation, it might be two pages long and based on one officer's investigation....or, it might be 20 pages long and be based on reports spanning months if not years and reports by multiple officers. I hear judges dont like those long ones, though...
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  #50 (permalink)  
Old 01-24-2006, 09:29 AM
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Quote:
Originally Posted by NoLongerInRadioGuy

It was posted earlier that a search warrant is not that hard to obtain. That must have been written by someone that has never typed up an affidavit in support of a search warrant. Depending on the situation, it might be two pages long and based on one officer's investigation....or, it might be 20 pages long and be based on reports spanning months if not years and reports by multiple officers. I hear judges dont like those long ones, though...
Ok, I admit I've NEVER typed up an affidavit.

Your going to tell me, that it's that hard to type up a couple of pages, and have the judge sign the search warrant? Is it really hard or just inconvenient?
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