Legal Question in Criminal Law in California

Recovery of stolen tangable personal property

My home was burglerized 2 months ago. I have found what my wife and I believe to be one of our stolen items in a jewelery store without a secondhand dealers license. The police have gone to the jewelery store and the store owners cannot produce a receipt for the item. They claim that a customer had it for a year and returned it in trade. The piece is accurately listed and described on a list of stolen items provided by me and my wife to the police. The police have accepted a catalog picture (proving that it is not a custom piece) and a hand written undated log prepared by the store owners as proof that the store aquired the piece in legitimate manner. Is this adequate proof that the store is the owner of the piece and that my claim that it belongs to me is without merit? Do the store owners not have to produce some document from a third party (the seller or trader) memorializing the sale or trade?


Asked on 4/02/04, 8:15 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Recovery of stolen tangable personal property

If the police can not be persuaded to prosecute and seize the item, then your remedy is to sue the store, which will allow you access to the 'customer' name to sue him also. Threat of suit might change some attitudes and positions. If it is worth doing, on economics or on principle, feel free to contact me.

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Answered on 4/05/04, 1:11 pm


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