Can I be charged with theft for an item that I that didn't know that I had?
Question Details:
Can be charged with theft for a GPS unit that was placed on my truck without my knowledge that i found and took off my truck 4 days later police showed up at my door with a warrant for the GPS t that I didn't know about and wanting it back is that legal? Was the warrant legal?
In Kansas, police can enter a dwelling in good faith reliance on a search warrant, even if the warrant is defective in some regards. There are bare minimum legal requirements for a search warrant. They should be 'signed' by a judge, and should describe items specified in the search warrant at a specific location. I am assuming that the warrant gave them permission to search the truck and the house. You say that you took off the GPS, so I will assume it was in your house when you arrived. You did not state if you have been charged yet. If so, plead not guilty and retain a lawyer prior to your court date. If you want to discuss options and possible defenses, feel free to contact me.
Sean Santoro/Licensed in Kansas and Missouri/ sean@roadlawyer.net
The police may arrest you if they have probable cause that you committed or are in the process of committing a crime. If you knowingly received stolen property and are using it as yours, the police may charge you with a crime. If you stole the item and are using it, the police can charge you with a crime. In this case, the police can only guess that because the gps unit is on your truck that you either received it knowing it was stolen or stole it yourself. You have the right to defend yourself. The police don't know that you have no knowledge that it was stolen or how it got there. While it looks suspicious, you may still offer an explanation. I suggest hiring a lawyer to represent you in count on the charge as you may be exposed to jail or a fine or both.
