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From a letter to the editor in the Galveston County Daily News:

This house and three others were broken into in March, and the thieves took about $6,000 worth of things from our house. The following Monday, we found our things on Craig’s List with name and phone numbers, and reported it to the police, and we have never heard anything. We call the investigators and do not have anyone return our calls, and no one will answer the phone.

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Now here is an interesting situation: Burglars stole from your house and are brazenly selling your stuff on Craigslist in the same community. Let's assume here that you can prove the goods are yours, not just the same model.

The police are indifferent.

The obvious temptation is to set up a sting and somehow get the police to be present so that they can arrest the thief. But how do you do it? The police generally frown on "civilians" doing their job, even when they are not doing it.

There is something in the Texas statutes about seizing a person who is in possession of stolen property and taking him to the police or a magistrate, but I can't remember where it is or find it.

Keep in mind that the thief is a felon (burglar) and may be an all-round bad actor. Also, the Craigslist seller may claim to have bought the stuff at a flea market, and it may be impossible to prove otherwise.

- Jim

Presumably the Craigslist seller would have no good title to the stuff, regardless of his claims. The key to recovering your stuff, then, would seem to be getting it seized. The question, as you rightly say, is how?

I think the victim would need to prove that the stuff belonged to her (the letter writer) and not to the Craigslist seller. Unless the item is serial-numbered and registered somewhere, it's difficult to prove.

I really don't know what happens if you tell the police you want to bring a charge of theft without any evidence.

- Jim

seamusTX wrote:

The police generally frown on "civilians" doing their job, even when they are not doing it.

Hmmm, it's kinda' like the Mexican border thing, eh?

I would think that pictures from inside your house of those items once being there included with your police report that listed those items as stolen in conjunction with that precise grouping of items for sale within days of the theft would meet the civil criteria of "preponderance of the evidence" (more likely than not.) If I were in the above situation, I'd consider suing in civil court and asking the court to place an emergency restraining order on the people and property, keeping them from selling it before the court case.

Maybe the local police don't want to catch the roibbers because the local police are the robbers. That's the theory I would pitch to any news reporter with an known anti-police agenda.

Barbi Q wrote:Maybe the local police don't want to catch the roibbers because the local police are the robbers. That's the theory I would pitch to any news reporter with an known anti-police agenda.

That would make you a lot of friends.

WildBill wrote:

Barbi Q wrote:Maybe the local police don't want to catch the roibbers because the local police are the robbers. That's the theory I would pitch to any news reporter with an known anti-police agenda.

That would make you a lot of friends.

Crooked cops would not be that stupid. They would fence their stolen goods in another city.

The problem with Galveston PD is short staffing due to budget limitations. Most of the time all the patrol officers are tied up with active calls vehicle crashes, and arrests.

IMO, they spend too much time on minor drug offenses and prostitution, but I'm not in charge.

The letter writer would have gotten better results by complaining to her city council member. Unfortunately, the incident is now eight months past.

- Jim

If I was 100% sure it was my stuff and I gave the police first shot but they weren't interested, I would probably get a few friends and recover my property from the thief (or his fence) using reasonably necessary force. If the police won't act, that's proof my "property cannot be protected or recovered by any other means" than me taking action.

this has happend here in dallas /ft worth too.
there is /was a bactch of 6.0 powerstoke thefts, everything from navigation units to bumpers to tailgates. this stuff was found being resold on craigslist. one guy wound up just buying his ranchhand bumpers back.
this info is from a diesel forum.

OCD wrote:If I was 100% sure it was my stuff and I gave the police first shot but they weren't interested, I would probably get a few friends and recover my property from the thief (or his fence) using reasonably necessary force.

If you are think of PC 9.41 and 9.42, keep these clauses in mind:

...if the actor uses the force immediately or in fresh pursuit after the dispossession...

... to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property;

These defenses are not available if you find someone in possession of your stolen property after the crime has been committed.

- Jim

seamusTX wrote:

OCD wrote:If I was 100% sure it was my stuff and I gave the police first shot but they weren't interested, I would probably get a few friends and recover my property from the thief (or his fence) using reasonably necessary force.

If you are think of PC 9.41 and 9.42, keep these clauses in mind:

...if the actor uses the force immediately or in fresh pursuit after the dispossession...

... to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property;

These defenses are not available if you find someone in possession of your stolen property after the crime has been committed.

- Jim

Signed: O.J.Simpson

That was his problem. The incident took place in Nevada, but I doubt there is any state where you can effectively commit armed robbery to "steal back" your stuff.

- Jim

OCD wrote:If I was 100% sure it was my stuff and I gave the police first shot but they weren't interested, I would probably get a few friends and recover my property from the thief (or his fence) using reasonably necessary force. If the police won't act, that's proof my "property cannot be protected or recovered by any other means" than me taking action.

That's what put O.J. in jail. Not a good idea. Why risk going to jail or worse for something that your homeowners insurance will pay for.