Legal Question in Criminal Law in California

last month someone broke into my house and stole my laptop. we had an idea who it was but had no proof. the person who we thought it was lives a couple doors down in a motorhome parked in my brothers driveway. the other night the person was not home and his blinds were open. i saw that my laptop was in his motorhome so i might have broke in and took it back. i want to tell the police that i found it but i am not sure how much trouble i would be in for possibly breaking into the person's motorhome to retrieve it. What should i do?


Asked on 10/09/09, 4:25 pm

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

Hmmm. This is tricky. You committed the misdemeanor of trespassing. Unlikely the police would charge you for that, though. However, here is how it will likely go down if you report this now. Thief will not admit to ever having had the computer. He will say he never saw it, but knows that you are a malicious liar and like to make false accusations, because you are jealous of him, because he reprimanded you for smoking pot, etc,.

Then he will say, "Hey, in fact I am missing some cash from my motorhome. It was there just before this guy says he broke into my home. I want to place him under citizen's arrest". He would do that, knowing that once he gets you arrested, they will not arrest their "victim" on another case. Police almost NEVER arrest both sides on mutual complaints.

If it were me, I'd leave it alone now. you should have just called police, showed them your computer through the window and asked them to seize it.

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Answered on 10/09/09, 4:45 pm


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