"Gene" wrote in message
...
On Tue, 24 Nov 2009 20:28:18 -0500, Gene
wrote:


You would think wrong then. Well, I'll qualify that and say the police
would
for sure make an arrest if there were witnesses. The DA might drop the
charges, but I wouldn't want to bet on it.

Let point to why I think you are wrong:

"In criminal law, theft is the illegal taking of another person's
property without that person's freely-given consent."

Note: NOT " another person's property." Therefore, Not Theft!
--
It is usually futile to try to talk facts and analysis to people who are
enjoying a sense of moral superiority in their ignorance.
-Thomas Sowell

Grady-White Gulfstream, out of Oak Island, NC.

Homepage
http://pamandgene.tranquilrefuge.net/boating/the_boat/my_boat.htm

Forté Agent 6.00 Build 1186 Beta


Yes, but there's the rub. You would end up in court and might very well
prevail on that point. You still initially go to jail. Additionally, this
would not excuse illegal trespass, perhaps damage to someone else's property
in your recovery of said property. You might walk, but you might be fined or
even jailed if it was egregious.

Look at a limiting case... you know someone stole your watch. You know he's
got in his apartment. So, when he's not there, you break down the door,
rifle through his stuff, break a few things, find your watch, then leave.
Someone sees you leave.

--
Nom=de=Plume