Did you ask for thier ID, not there badge cause they don't sound like cops. If it is stolen they can't let you keep it.. the converstaions the way you said it doesn't sound right..
Stolen frame...
- Thread starter HERO TANK
- Start date
Did you ask for thier ID, not there badge cause they don't sound like cops. If it is stolen they can't let you keep it.. the converstaions the way you said it doesn't sound right..
Chris it was a joke. But technically since he has it legally registered he can sell it.
If you have a friend that's a lawyer I would contact him. They can't seize your property under the 4th amendment. The frame might be an issue. It would end up being a civil matter between you and the guy you bought it from as far as getting your money back. Next time you buy something like this get someone in law enforcement to run the VIN. May or may not prevent this. Frigging theives. I can see you keeping the bike. Insurance company probably paid out on a claim in '02 and it won't be worth their time messing with it. I can also see the law showing up with a search warrant thinking you deal in stolen bike parts. Best of luck. Obviously it had been pulled from NCIC if it was entered. DMV would not have picked up on some insurance database.
Schexy1
Registered
There are probably 2 reasons they didn't take the bike:
1) Statute of Limitations has probably passed on the original theft and they would need to establish a new crime like to seize the bike as evidence.
2) They need to establish who has the rights to the property. Ownership at this point is probably a civil matter. Depending on the circumstances you, the original owner or an insurance company may be the rightful owner. Most places don't allow the police to seize property for civil matters, the Sheriff has to do that.
Don't give up hope. A friend of mine got a car that was in a storage unit he purchased at an auction. The car was stolen 15 years before. Because the Statute of Limitations had ran out and even though it was stolen, it became the property of the storage company when they seized the unit. They legally sold it to my friend so it was his.
1) Statute of Limitations has probably passed on the original theft and they would need to establish a new crime like to seize the bike as evidence.
2) They need to establish who has the rights to the property. Ownership at this point is probably a civil matter. Depending on the circumstances you, the original owner or an insurance company may be the rightful owner. Most places don't allow the police to seize property for civil matters, the Sheriff has to do that.
Don't give up hope. A friend of mine got a car that was in a storage unit he purchased at an auction. The car was stolen 15 years before. Because the Statute of Limitations had ran out and even though it was stolen, it became the property of the storage company when they seized the unit. They legally sold it to my friend so it was his.
HERO TANK
Registered
i did have a few of my friends run the vin numbers for me i train some officers in self defence so i had more than a few officer's run the vin for me thats why i baught it the frame is where the vin number's are thats what they ran and it came back clear. i just talked to a student of mine who is a sheriff and he said i shoul'nt worry because the state gave me the title legally, and if they bother me again have them talk to my lawyer.
mr8ball
Registered
This is what I would tell them and make them prove it. Are you sure someone is not mad at you for some reason? Sounds kinda fishy to me. As much time and work you put into it I sure would not let it go without a fight. Keep us posted
Thats mess up, I hope something works out for u. I cant believe the dmv didnt catch that.
Stolen Vehicles remain in the Law Enforcement (NCIC) records for 4-5 years before they are purged. When recovered they are supposed to be removed from the database. I've seen that not happen before. The insurance companies also have a database.
ResidentEvil
Registered
That sucks
If it is stolen they would have taken the bike when they visited your house. The bike was probably a REPO at one time and the left hand does not know what the right hand is doing. Hang in there and get your ducks in a row. Perhaps get an Attorney if you can afford one. State DMV is a clueless Department !!!!!
Robert
Robert
StrtRac3r
Registered
Stripping it might make u look guilty jmo. I would gather all the proof and don't remove anything you didn't put on that has a vin stamp. And don't sell any of it until it's settled. Lucky the officer sounds like an ok guy and asked questions first instead of slapping on a receiving stolen property charge instant.
I was arrested and went to jail just to pay 500$ bail, just to be told on court that I did nothing and was not being charged with anything. Not even on my record but they got 500$ out of it and DNA swab.
Good luck man.
I was arrested and went to jail just to pay 500$ bail, just to be told on court that I did nothing and was not being charged with anything. Not even on my record but they got 500$ out of it and DNA swab.
Good luck man.
It was in some insurance company database. The VIN cleared records and NCIC. I;m thinking he's in the clear but i would definitely follow up on this. Reports should have been written in regards to this contact. Why was your bike impounded ?
You make a dayum good point, that's why he needs to follow this up.
HERO TANK
Registered
nope that had badges hanging arround there neck, and in plane cars, they gave me a card, and kept asking me to give them the name and address where i baught it from
GNBRETT
Registered
First of all why were the state police at ur house to begin with and why was ur bike impounded? I have run into this several times at work. Often bikes are reported stolen and recovered and never taken out of the system properly. It happens! and happens often. Or, someone recovered their own bike and never called the police so the file can be removedfrom NCIC. Both are common.
If u registered it with DMV and it did not come back stolen then the chances are very high its just a clerical error and you will be fine. Both the insuance company and DMV have safeguards against registering and insuring stolen MV's.
Nothing is automatic. Meaning, ur not automatically going to lose ur bike. Thats why there are autotheft investigators. Let them investigate.
Dont be so quick to disassemble the bike. That would BAD advice! One, it might be a waste of time cause it may be an error. Two, if they decide to seize the bike it will be evidence of a crime and if you take all those parts off you will be subject to arrest for interferring with an investigation and or removing stolen parts from a stolen MV.
If a vehicle is deemed stolen the parts on that bike are now stolen. Even if u show proof of parts purchased it will make no difference. Trust me on that. That is not my opinion, I speak from experience. You bring that bike back to them all stripped ur gonna be in a world of chit and will make you look guilty.
If they do decide to seize it you can show proof of parts purchased at a later date but they will ask for the original parts. The owner of the stolen vehicle (if it is in fact stolen) will be entitled to the complete bike as is whether or not you dumped $20k into or not. Or the insurance company will be entitled to it to sell and recover some of their losses that they paid out to the insured owner if a claim was made.
If u registered it with DMV and it did not come back stolen then the chances are very high its just a clerical error and you will be fine. Both the insuance company and DMV have safeguards against registering and insuring stolen MV's.
Nothing is automatic. Meaning, ur not automatically going to lose ur bike. Thats why there are autotheft investigators. Let them investigate.
Dont be so quick to disassemble the bike. That would BAD advice! One, it might be a waste of time cause it may be an error. Two, if they decide to seize the bike it will be evidence of a crime and if you take all those parts off you will be subject to arrest for interferring with an investigation and or removing stolen parts from a stolen MV.
If a vehicle is deemed stolen the parts on that bike are now stolen. Even if u show proof of parts purchased it will make no difference. Trust me on that. That is not my opinion, I speak from experience. You bring that bike back to them all stripped ur gonna be in a world of chit and will make you look guilty.
If they do decide to seize it you can show proof of parts purchased at a later date but they will ask for the original parts. The owner of the stolen vehicle (if it is in fact stolen) will be entitled to the complete bike as is whether or not you dumped $20k into or not. Or the insurance company will be entitled to it to sell and recover some of their losses that they paid out to the insured owner if a claim was made.
HERO TANK
Registered
im not sure why they showed up at my house. i had just walked in the door, my bike was impounded because i was speeding and i did'nt have the paper work for it at that time thats when i went and got all the paper work for it at the sos. and got it out, the title registration, and proof of insurance
GNBRETT
Registered
What! Where are you getting ur information from? A stolen vehicle does fall under the rights protected under the fourth ammendment. Evidence of a crime in plain view by running a vin does not require a search warrant and is hardly considered an unreasonable seizure.
They can seize his bike and get a search warrant to go thru the rest of it to see if any other parts are stolen. Will they? Doesnt appear so in this case but they surely can! Someone in LE cannot simply run a vin for someone to see if it is stolen unless there is some type of investigation taking place. Do they? Im sure they do but they are subject to arrest for violation of the NCIC standards which are crimes and standard throughout every state. You would go to DMV to perform that.
And no it would not be a civil issue between the guy he purchased from. Its a criminal matter for both he and the guy he purchased it from! If you are in possession of stolen property you can and will be subject to arrest. Will that always happen? Of course not but its hardly a civil matter. One can plead their case in criminal court as to how and why they came in possession of said stolen property if the police decide to charge someone but to state that its a civil issue vs. being a criminal issue is simply wrong.
And insurance companies will absolutely take possession of that bike if it is recovered if an insurance claim was paid out. They will auction it off as a salvage or stolen recovery depending on which state you live in.
I can tell you for a fact I have recovered many vehicles in the system over 10 years old. Stolen vehicle are not purged after 4-5 years. As stated above, this is more likely a clerical error tho.
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