mccreadym

About year ago my bicycle was stolen. Nothing crazy nice, but I had it for over a decade. Reported it to the police and looked all over for it... but I couldn't find it.

Anyways I found it yesterday on craigslist.

Unfortunately I have since moved across the country. I am not sure if local law enforcement (where I lived) will be able to get it back for me or not. By the pics I know it is mine and I gave the police the serial # so that they can confirm. I also do not know how much it will cost/ if I can pay for it to be shipped across the country to where I am. I guess I am happy to know my bike is still out there.

As I find out more and after any action has taken place I can update with details.

--
MM

Mark Stone

Congratulations on finding it! I home you are able to be reunited --

Flip Flop Rider

link?

flan48

+1!

Best regards

mccreadym

Thanks! I hope so too. The person was nice enough to clean it for me.... hmmm wonder if they worked on the gears too... haha I can only hope.

mccreadym

I think it would be better to wait to post details etc until after the police make their move. If they are able to. The seller does not know I am on to him at this point.

MM

kevindsingleton 

Maybe I do ...uh, I mean, maybe HE does!

FBinNY 

You might try recruiting a proxy who lives close to the seller to exert your claim of the property, and trying to get the police to respond. Or you or they might document the case, by confirming the serial number and immediately filing a small claims case demanding the bike or proceeds of any sale plus (if allowed in the state) added penalties.

You'll need solid evidence, so acting as a potential buyer and documenting the serial number would be a place to start.

kevindsingleton 

Keep in mind that the seller may not be the thief. He may just be someone who bought the bike from the thief.

Proceed with caution.

Maelochs

Are you sure the current owner is the thief? Whoever has it now might have bought it shortly after it was stolen, or might have bought it from the guy who bought it shortly after it was stolen.

If you can prove it is stolen property I guess you have every legal right to repossess it---or to have the cops do it for you---but i'd be a little leery about making accusations and assumptions.

I bought one of my bikes at a yard sale, and another from some guy I met at an MTB trail. I have no idea of the provenance on either bike besides what I was told. One or both bikes could have been stolen. I would certainly look into suing you if you slandered me by calling me a thief, or called the police and accused me without any evidence.

In any case, hope you get the bike back ... don't see why you couldn't.

kirkplan

Glad to hear that you get back the bicycle, congrats

mccreadym

No I don't know that current seller is a thief and unless he admits to it or the police state he is I won't state that he is. That being said he is selling a numerous amount of bikes with dubious descriptions. So I would guess a thief or a fence, but I do not know.

I also live 20 some hours away so I cannot personally handle it. The police are handling it.

I have evidence: serial #, invoice, description, and I have sent the police the pictures listed on the ad and shown the various markings (how I know the bike is mine vs someone elses).

The police are currently working on it.

Maybe it will be resolved today.

MM

bruce19

If someone is in possession of stolen merchandise, the police will confiscate it and, in some jurisdictions there may be charges against the last "owner."

indyfabz

If the asking price is not high, and assuming you know someone back home, my first thought would be to have that person buy the bike. A bird in the hand....


Many years ago I had a friend who had his bike--a Colnago C-40--stolen from a community center. Years after the theft, a guy walked into a LBS trying to sell the bike. Not only was the LBS the place where my friend had bought the bike, it was owned by his cousin. The cousin recognized the bike and told the seller he needed to hold onto to it for a few days to check it out. The seller agreed. The bike owner told his cousin to look in one of the bar ends for his business card. There it was. The bike checked out o.k. so the shop owner simply gave the seller his bare bones asking price rather than deal with the police and possibly face retribution, in the form of shop vandalism or worse, from the seller.

79pmooney

Oregon law:

§ 164.095¹
Theft by receiving


(1) A person commits theft by receiving if the person receives, retains, conceals or disposes of property of another knowing or having good reason to know that the property was the subject of theft.


(2) It is a defense to a charge of violating subsection (1) of this section if:


(a) The person is a scrap metal business as defined in ORS 165.116 (Definitions for ORS 165.116 to 165.124) or an agent or employee of a scrap metal business;


(b) The person receives or retains metal property as defined in ORS 165.116 (Definitions for ORS 165.116 to 165.124); and


(c) The person makes a report in accordance with ORS 165.118 (Metal property offenses) (3)(a).


(3) Receiving means acquiring possession, control or title, or lending on the security of the property. [1971 c.743 §129; 2009 c.811 §9]

Ben

JohnDThompson 

Exactly. My wife had a bike stolen, and it was recovered when a person tried to register it for a bike license. He bought the bike at a bar from someone else. While my wife got her bike back, this poor schlep was out whatever he paid for it.

FBinNY 

Yes, and most states have similar laws. But they're rarely charged by police or prosecuted, except as a Plan B against theft suspects where it would be hard to get a conviction for theft.

Other than known dealers in stolen goods with established history, the law is satisfied if goods are returned to right owners and the possessor of stolen goods eat the loss.

In many jurisdictions police won't get involved and declare it a civil court matter, though they might be persuaded to take physical possession of the disputed goods until ownership is resolved.

thumpism 

When mine was stolen I was later notified by a friend who recognized it. I arrived and locked it up and the "current owner" decided to stick around and argue until the police arrived. I had documentation in my wallet of the police report with the serial number to prove it was mine (I'd carried that piece of paper for over a year, just in case) and the fellow was arrested and charged with possession of stolen property while I was permitted to take my bike home. He had to go to court. I knew he probably was not the thief but he probably purchased from one. Case was dismissed.

If the police are interested in pursuing this on your behalf, I'd be very much surprised. Good luck!

1989Pre 

Definitely let us know once a determination is made by law enforcement. There might be a member, here, who lives nearby and can pick it up for you.

dksix

I've read "receiving and concealing stolen property" is a crime, there was a case taken all the way the to the (Tennessee) Supreme Court back when I was in HS that ruled just the receiving and concealing was a crime IIRC.

Phil_gretz

Hire a hit man and end this thing...


































...I'm kidding. Sort of...

kevindsingleton 

That's a tough situation, and I don't know what else could be done about it. It's not fair, and that means someone ends up hurt. I'd like to think I would give the guy something to compensate, like a "reward" for finding and rescuing my bike, but it probably wouldn't be enough to make him whole, so he'll still hate me.

texaspandj

Question: I wonder if all this is really worth a Wal mart bike?
Answer : if it's a huffy according to J.M., YES.

jefnvk

That is why it is not that common of a charge. If I buy a full carbon Dura-Ace race bike from a guy in a ripped up coat outside the casino for $100, I have good reason to know the bike is stolen. If I buy an early 90's MTB off CL for that same $100, I don't have a whole lot of reason to know it is stolen. Prosecutors aren't going to bother with a case they have no expectation to win.

mccreadym

So I got the bike 11 years ago (this weekend) as birthday gift. It is a Raliegh MTN bike. It has been a faithful companion for a decade. Attempted a century (and got fairly close on it one time) it is not a fun long distance bike, but it is a great commuter and everything works great except the bottom 8 gears which have no desire to work most of the time.

Last year I was going to university in TN. The apartment I lived in had the sadistic policy of not allowing bikes inside I would be one to break that rule, but my wife and I really had no room (not even for a wall or ceiling mount). So I was storing outside, but I used it every day to commute to class. I had it locked up at a place with good visibility and several unlocked bikes.

Then one fateful day my wife and I went shopping for two hours and when we came back it was gone! This was frustrating as the unlocked bikes were untouched and they broke the lock on mine. Maybe I should have invested in a better one, but.... I think they would have got to it eventually. I was also frustrated as while there were maybe 50 bikes at the apartment complex I was the only one who rode mine! It meant an hour to an hour and half of walking everyday after is was stolen. Ironically I found my lock 4 blocks away on my walk to class about a month later.

I filed the police report, but I did not have a serial #. I know I was an idiot (x2 now). I had a long shot idea what if I emailed the shop I bought it from? Well after a decade they sent me the invoice and serial #! So now I had it in the system. It would flag if it hit any pawn shops (I checked about 10 in the area in the following weeks). I looked all around in the surrounding neighborhoods, and I checked Craigslist fervently. Peewee herman syndrome had officially set in. About 8 months later I moved across the country to MN (transferring schools and moving back by family). At that point I assumed the bike was a lost cause.

A few days ago my phone craigslist alert came up with my "Raleigh" search (this hadn't work for 6 months or so). Out of curiosity I looked and the first bike I saw I knew was mine! I had not seen the particular model on the local craigslist at all. It was the same color and had the same seat, shifters, brakes, kickstand, gears, and tires. Upon further inspection I spied the part of the speedomer ziptied to the right stokes (just how mine had been) with no speedometer on the handlebars. I also saw that there had been a waterbottle cage in the same position as mine which had been removed. So it was still possibly a coincidence, but then I saw the chip that my bike had. I also thought I saw a sticker which is the shop I bought it from (they only sell in MN and WI not TN).

So I contacted the police and they contacted the seller. Yesterday the police got back to me and said the guy got it from a pawnshop and that the serial number did not match. The plot thickens.

I knew it had to be the bike. Model, paint, same area, and parts coincidence maybe... but speedometer part, chip, and bike store sticker probably not.

Then I remembered when I got the bike I vaguely remember going back to the store a few days later and possibly having swapped bikes for a larger one (same model mind you). What if I had the wrong serial? Or if they hadn't given me the correct one? However I had switched bikes and they had given the incorrect serial # last time how would they know? The salesman was probably long gone and even if not it was 11 years. So as another shot in the dark I called the bikestore. "11 years ago I bought a bike it may been exchanged." I gave them the serial # over the phone and I was told that was the serial number for the first bike and there had indeed been an exchange and I had a different bike with a different serial number. So today I talked to the police and when I gave the new serial # the officer told me that it was correct. So they will be recovering my bike in the next week

All of this being said I am really thankful for their work on this and for the seller being so cooperative. I really hope he can get his money back from the pawn shop and maybe I can send a small gift card his way.

I will have to get it shipped. Who ships bikes the cheapest? To note I am not worried about it getting dinged up as that seems to be helpful.... I just don't want it going missing again transit

MM