If the police report states those exact items where stolen, and the crime was noted as a felony, then their is no statute of limitations. If the report just says something generic like comic art then you SOL.
#5033010 - 08/23/1111:04 AMRe: Does the statute of limitations apply to stolen property?
Mike's RackMike's Rack
I was posting here when you were in diapers.
Loc: Peoria, AZ
"Strictly a hypothetical question.
Suppose you had a small portfolio of original art stolen from you in the mid 1980s. A couple of BA Marvel covers and splash pages. Perhaps the whole thing was worth a couple of hundred dollars at the time, the best piece being a Bob brown DD cover. A police report was filed but no detailed inventory was provided. Now its 2011 and two of the covers and two interior pages all surface in the same auction. Are you SOL or do you have recourse?"
I am a prosecutor. I may be able to help with this hypothetical. This is not legal advice as I am not licensed to practice outside of Arizona and I do not know what jurisdiction is relevant. Also, I don’t know the facts, just a limited hypothetical. But…
Typically, SOL's vary by jurisdiction; felonies are longer than misdemeanor’s (usually seven years v. one-two years). Misdemeanors can become felonies based on several factors including the value of the property. However, the SOL usually does not begin until the police know or should know the ID of the suspect. In addition, possession of property that one knows is stolen is typically a crime. There are also civil remedies.
WTB High Grade Skywald and Eerie Publications raw or slabbed.
2015 CGC March Madness Grading Tournament - Final Four
Loc: The nearest pub
Originally Posted By: shadroch
Strictly a hypothetical question.
Suppose you had a small portfolio of original art stolen from you in the mid 1980s. A couple of BA Marvel covers and splash pages. Perhaps the whole thing was worth a couple of hundred dollars at the time, the best piece being a Bob brown DD cover. A police report was filed but no detailed inventory was provided. Now its 2011 and two of the covers and two interior pages all surface in the same auction. Are you SOL or do you have recourse?
I have no legal background whatsoever, but in theory you should be able to recover your stolen property even at this late date if you 1) have proof of original ownership, and 2) filed a report with the police describing the items stolen.
The ship has probably sailed on prosecution of the theif or thieves, but the "ownership" of your property in the interim may be traceable, especially since anyone else wanting to claim ownership would need to prove the validity of their acquisition or relinquish it rather than face the accusation of having received stolen property.
#5033129 - 08/23/1112:20 PMRe: Does the statute of limitations apply to stolen property?
the blobthe blob if the price is right i am game for anything
i am not attempting to provide legal advice, anything i say should be taken with a grain of salt and ignored, but....
people are confusing statute of limitations re: recoveries vs. crimes
the auction seller may not be committing a crime by possessing and/or selling at this point, but, putting aside defenses from subsequent "good faith" buyers (and this will depend on state law, the amounts in question, etc. etc.) that doesn't mean you're not entitled to try and get it back
you have a police report...
it's really a matter of whether you have enough evidence to prove that these are your items
the longer you wait, the weaker your claim though...i'd think. you shouldn't wait until the item sells at auction to let them know you think you have a claim to it.
- Traveling at Light Speed, Manipulation fueled by Greed - Social Discontent and Hate, Population regulate Evangelize the simple minds, Tithing from the weak and blind - Arrogate through media, Instigate acedia - If you're lucky enough to do well, it's your responsibility to send the elevator back down. - How do I have productive days with minimum drama? Simple; I mind my own business. WTB:GSXM 1 Dave Cockrum file copy