NCJ Number
167311
Journal
Law Enforcement Quarterly Dated: (February-April 1997) Pages: 5-6,29
Date Published
1997
Length
3 pages
Annotation
Stolen items are often pawned and pawnbrokers are legally required to report detailed descriptions of pawned property to law enforcement, and law enforcement officers need to balance the competing interests of both the pawnbroker and the property owner.
Abstract
Three parties may have a potential interest in pawned property: the one pawning the property, the pawnbroker, and the true owner of the property. Law enforcement officers who take it upon themselves to return property to the theft victim, understandably concluding the victim has a stronger claim than the pawnbroker to the property, are ignoring the pawnbroker's rights. The law is quite clear that even one who acquires stolen property from a thief has a lawful and enforceable interest in the property. Pending criminal prosecution of the person who stole and/or pawned the property, law enforcement officers have two ways to proceed, place a hold on the property or seize it. When caught between competing claims to property from both the legal owner and the pawnbroker, law enforcement officers must remember that favoring one side or the other will only invite civil liability.