Is this legal? (pawn shop selling a stolen item)

[asnyder]

Today while at work, I was contacted by a Detective in the Orange County Sheriffs Dept. He told me that the xbox that was stolen from my apartment last October had been found, in a pawn shop. He said they had a name of the person who sold it, but that they couldn't pursue the case because after that amount of time he could have obtained it through legal means. He then said that if I would like the xbox back, they were currently holding it for me at the pawn shop, and the price was $120. I told him I don't want to buy my own xbox back.

Anyways, isn't it illegal for both the person and the pawn shop to be selling a stolen item to begin with? I have the original box still with the serial number to confirm it is mine.

[goddessoflubboc]

They should have confiscated it from the pawn shop and then returned it to you (no charge) if they aren't going to prosecute.

[StorageGuy]

Originally Posted by asnyder Today while at work, I was contacted by a Detective in the Orange County Sheriffs Dept. He told me that the xbox that was stolen from my apartment last October had been found, in a pawn shop. He said they had a name of the person who sold it, but that they couldn't pursue the case because after that amount of time he could have obtained it through legal means. He then said that if I would like the xbox back, they were currently holding it for me at the pawn shop, and the price was $120. I told him I don't want to buy my own xbox back. Anyways, isn't it illegal for both the person and the pawn shop to be selling a stolen item to begin with? I have the original box still with the serial number to confirm it is mine.

Unfortunately, the property belongs to the pawn shop. California pawn shops are required to hold property for 30 days before selling them. Under California law, a person pawning property pledges it, transferring temporary possession of the property and a security interest in it to the pawnbroker. (Fin. Code, § 21000 [a pawnbroker receives goods "in pledge as security for a loan"]; People v. MacArthur (2006) 142 Cal.App.4th 275, 281 [47 Cal.Rptr.3d 736].) If the pledgor fails to redeem the "pledged property" by repaying the loan and any applicable charges within the specified loan period, title to the property passes to the pawnbroker and the property becomes "vested property." (Fin. Code, §§ 21002, 21201.)

Pawnbrokers have a possessory interest in pawned property entitling them to due process protection. This would involve you suing the pawn shop and having your case heard in court before getting a court ordered release of the property. Obviously, the cost of legally pursuing the item far outweighs its' value. .