If You Find the Leprechaun’s Pot of Gold, Can You Keep It?
Discovering lost or misplaced property may seem like a stroke of luck, but it also comes with responsibilities under Pennsylvania law. This can be a complicated issue at times.
If the property is abandoned, the owner may be considered to have surrendered his rights, meaning it is okay for you to keep it, unless the owner has reclaimed his ownership after abandonment. There must be a factual determination surrounding the nature of the property and circumstances.
An item you accidentally dropped might constitute lost property, which is different from mislaid property. Mislaid property refers to an item you intentionally placed somewhere but subsequently forgot about.
Generally, the original owner’s claim for lost or mislaid property would take priority over anyone else’s. The matter becomes more complex when you consider who found the property and in what capacity they were acting at the time. Additionally, the relationship to the location where the property was found plays a role.
In one case, ten years after a gentleman died, cash was found in his outhouse. His son was able to file a civil action by opening an estate to claim the money from the tenant who found it. There was no other possible owner identified.
In another case, a police officer, while in the course of his duty, found a black plastic bag containing $20,000 in cash next to a vehicle. The owner of the vehicle denied throwing anything out of the vehicle at the time. Nine months later, the vehicle owner claimed that he had accidentally tossed the bag of cash out when he was throwing out a container of beer he was drinking. The officer had surrendered the cash immediately to his employer, and when no owner could be found, had petitioned for ownership of the property. He was initially granted ownership, but on appeal it was finally determined that since the officer was in the course of his duty, he could not acquire any interest in the property and the $20,000 was turned over to the Commonwealth under Pennsylvania’s escheat laws. The person who originally denied throwing the cash out of his vehicle was found not believable.
A happier ending for the finder who was the afterhours custodian who found $1,000 in a safe-deposit booth of the bank where he was employed, and was not precluded from recovering. “He acted honestly and in good faith and voluntarily turned over possession of the found money to the proper bank officials so that they might endeavor to locate the true owner. All such efforts to locate the true owner having been fruitless for a period in excess of six years, the only logical inference to be drawn is that the money was definitely lost or abandoned and will never be claimed by anyone other than the finder. This entitles the finder, rather than the owner of the premises, to keep the money at this time.” The court found the money “…was lost or abandoned. It was therefore not mislaid to be reclaimed by the true owner later.” Burnley v. First Nat. Bank of Delaware Co., 87 Pa. D. & C. 433, 438 (Com. Pl. 1954)
Under the current law the owner should file with the court for his property if not returned before the passing of 2 years as current law requires the following action to be commenced within two years. (3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof. 42 Pa. Stat. and Cons. Stat. Ann. § 5524
The law also considers where the item is found and the relationship of the finder to the owner of the property. A housekeeper at a motel who finds money in the lobby may have a better claim than if the money was found in her employer’s office or a private room, in which case the employer may prevail. The true owner of the property, however, would prevail over others.
A gentleman in Philadelphia who found two canvas bags containing $1.2 million that fell out the back of an armored vehicle was arrested and charged criminally. You may have seen the movie, Money for Nothing, starring John Cusack, or the 2002 book by Mark Bowden, Finders Keepers: The Story of a Man Who Found $1 Million.
Pennsylvania law, under 18 Pa.C.S.A. § 3924 Theft of Property Lost, Mislaid, or Delivered by Mistake, provides, “A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, with intent to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it.”
This applies, for example, to the situation in which a bank accidentally puts a large sum of money in your bank account and you spend it. You can expect to be charged with theft. Although sometimes there is a happy ending, as was the case when an individual received a large sum from Social Security. It turned out that Social Security had simply made a mistake by underpaying them for a long period of time, and had finally put the money owed into his monthly Social Security payments.
When you come into possession of property that is not yours, it is not always “finder’s keepers.” There must be an investigation to determine the true owner. In fact, you have a duty to make efforts to have the property returned to its rightful owner. An individual who found a cell phone at the scene of a fight was charged criminally for throwing the phone back down on the ground after determining it was not her phone. To make things worse, she told the true owner that her phone was “gone.” She was ultimately convicted on the grounds she made no effort see the phone was returned, such as alerting law enforcement or notifying the owner.
Even if the owner of the property cannot be located, you could be dealing with stolen property, which could potentially result in criminal charges for receiving stolen property or, if you sell it, theft.
It is crucial to remember your duty to report and return found property. Pennsylvania law requires you to take reasonable steps to locate the owner. Whether it's checking for identification or contacting nearby establishments, every effort must be made to reunite the lost property with its rightful owner.
While the lure of a lucky find may be tempting, failing to report found property can have legal consequences. Intentionally keeping found property without making reasonable efforts to locate the owner constitutes theft under Pennsylvania law and ethical standards.
After reporting found items to law enforcement or designated authorities, the property is held in safekeeping for a designated period. If the rightful owner cannot be found within the specified timeframe, it may be disposed of according to statutory procedures, and may go to the finder or the Commonwealth if the finder is an on-duty police officer.
As we raise our glasses to toast the luck of the Irish on St. Patrick's Day, let's also remember our legal obligations when it comes to found property.
For personalized legal guidance, reach out to Achille Law, P.C., located at 379 Main Street, Brookville, PA 15825. Our lawyers provide legal guidance and representation for most legal matters. Visit our website, palaw.org, to learn more about our practice areas, or call (814) 849-6701 to schedule a free consultation. This article and inquiries through email, website or phone do not create an attorney-client relationship between you and our firm. Each case is evaluated prior to acceptance and representation agreements are set forth in writing.