"What If I Find Money on the Sidewalk? Can I Keep It?" Glendora Criminal Defense Attorney Explains

By The Coimbra Law Firm

California Law Concerning "Finders Keepers"

“Finders keepers, losers weepers” is an old aphorism to describe persons who meet the good fortune of finding something of value, albeit at the owner’s expense.  However, the finder may not be so fortunate if he ends up charged with theft for failing to return the property to the owner.

Which begs the question, “Do I really have to return something I found by accident?” For example, that wallet full of money you found on the sidewalk.

According to California Penal Code Section 485, you may be found guilty of theft if you find and take for your own use something that hints to the identity of the owner.  If you do find such property, you are supposed to make “reasonable and just efforts to find the owner and to restore the property to him...”

Say, for example, Bob is sipping on his drink at a busy bar.  As he puts down the glass, he looks down and notices something on the floor.  It’s a wallet...full of cash!  He picks it up. He does not ask the other patrons if the wallet is their’s.  He thumbs through the wallet’s contents and he finds a driver’s license with Tim’s address. Bob walks out of the bar with the wallet.  He makes no effort to locate Tim to return the wallet to him. Bob could be found guilty of misappropriation under California Penal Code Section 485.

On the other hand, let’s say Bob is jogging and he stumbles upon a wad of cash along his trail. There are little to no people nearby.  Bob is not required to take out a newspaper ad, ask every person he comes across or otherwise “move Heaven and Earth” to locate it’s owner. In that case, he could probably take the money and keep it without repercussion.

Again, the important thing is whether there are clues as to whom the property may belong.

                                                        
The Coimbra Law Firm represents persons accused of theft charges (petty theft 'shoplifting' charge under California Penal Code 484 & 488, grand theft, embezzlement, etc.) Attorney Lorgio Coimbra has successfully represented thousands of California criminal defendants accused of petty theft, grand theft, embezzlement, fraud, misrepresentation and other theft offenses throughout all Southern California Courts. If you or a friend or family member is facing a misdemeanor or felony theft charge, please contact us at 1-800-290-5055 for a free evaluation of your case.  

Nothing in this article or anywhere on this blog constitutes legal advice of any kind. Pictures above are featured for illustrative purposes only and are no reflection on the person depicted whatsoever.  Attorney licensed in the State of California and, therefore, accepts California cases only.