"Don White" wrote in message
...

"John H" wrote in message
...
On Tue, 24 Nov 2009 20:43:26 -0500, Rob wrote:

Gene wrote:
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!

The boat wasn't on the street, it was in a locked, private, area.

Rob

No it wasn't. The area it was in was not fenced or locked. It was
behind the back row of a strip mall. That was one of my worries, that
the boat could be pilfered.

I wouldn't have had to break into anything to get it.
--

John H

Well this is a different scenario that we were led to believe.
In this case I would have gone in and recovered my property too...assuming
it was on 'common tenant ground' behind a mall.
I'd claim they abandoned it.

Yes. Well, he did say it was behind a building, and a lot of people assumed
that meant in a locked yard.

--
Nom=de=Plume