Klarinet Archive - Posting 001406.txt from 2000/10

From: "Dee D. Hays" <deehays@-----.net>
Subj: Re: [kl] Re: Subject: Stolen Bass Clarinet
Date: Sun, 29 Oct 2000 20:08:17 -0500

My sympathies happen to be with David Hatner but my point is that people are
*not* considering all aspects of the issue. At this point in time, there is
no proof that the seller is a "quick buck artist" etc. He has the right to
resell something he bought at a police auction. If the police did not do
their job properly and put this up for sale when they shouldn't, then sue
them, they are the ones at fault. If all the legalities were followed and
the police legally disposed of this property, it doesn't matter how we
"feel" about it, the seller is in the right.

Telling the bidders that this was stolen property is may itself be in
violation of some laws. If the police department acted within the governing
laws, it is no longer classified as stolen property. Thus notifying those
bidders could be construed as interfering with the seller's legitimate
business. Again while eBay does not allow the sale of stolen property, if
all the legalities were followed, they cannot bar it since it is no longer
classified as stolen.

Regardless of how good or bad the legal system is, a person risks big
problems if they don't follow the system. David Hatner could easily find
himself the subject of a harassment suit for his actions if the seller
thinks about it. If the legal authorities don't follow the system, sue
them, that's how the system works. If you don't like the current laws, go
into politics and get them changed, that's how the system works.

Regardless of our emotions, we must act within the laws otherwise we descend
into vigilantism with all its attendent drawbacks. Everyone has been
blasting away full bore from their emotions. So far it doesn't look like
anyone has checked into the legalities and legal recourse.

Dee Hays

----- Original Message -----
From: <DGross1226@-----.com>
Subject: [kl] Re: Subject: Stolen Bass Clarinet

> In a message dated 00-10-29 16:13:33 EST, Dee Hays writes:
>
> << One thing that should be born in mind, this person purchased the
> instrument in good faith from the police department. So it is
understandable
> if he is upset even though he may be in the wrong.>>
>
> Sort of like Bill Clinton asking what the definition of "is" is?
>
> <<He has every right to be just as steamed up as the person from whom it
was
> originally stolen>>
>
> Except that David Hattner makes his living with his clarinets, not just a
> quick buck artist who bought a hot clarinet from a police auction.
>
> <<This is not the way to go about it. David Hattner should of course
continue
> to work on getting his horn back but he needs to work through the police
> department that made such a mistake.>>
>
> Sorry, Dee, but obviously you have never had anything of great personal
value
> stolen and have had to work with the local police department to recover
it.
>
> <<And another thought. Was it really proper to contact the bidders and
> seller without first having contacted the police about this horn and
cleared
> up the legal issues?>>
>
> See the above. Most local police departments have absolutely no concept
of
> "legal issues."
>
> <<Wouldn't you be a little steamed if you were the seller?>>
>
> Not after being informed that the merchandise I obtained had been
documented
> as being stolen 2 years earlier and that I had bought it from a police
> department who was totally wrong in selling the merchandise. Some of us
like
> to sleep at night and look ourselves in the mirror in the morning.
>
> <<Look at ALL aspects of the situation. How would you feel in the shoes
of
> the bidders?>>
>
> I wouldn't buy stolen merchandise
>
> << seller?>>
>
> I wouldn't sell stolen merchandise
>
> <<and original owner?>>
>
> I'd probably do exactly what David did!
>
> Don Gross
> La Canada, California...who had a fully restored 1967 Volkswagen "window
van"
> stolen from the Los Angeles County Museum of Natural History parking lot
in
> broad daylight in 1987 and had to deal with LAPD's "finest" for more than
6
> months until I finally found the vehicle in a local chop shop after
getting a
> tip from a member of the local VW bus owners association. I would guess
that
> vintage low C Selmer bass clarinets are in the same category for someone
who
> doesn't own one.
>
> ---------------------------------------------------------------------
> Unsubscribe from Klarinet, e-mail: klarinet-unsubscribe@-----.org
> Subscribe to the Digest: klarinet-digest-subscribe@-----.org
> Additional commands: klarinet-help@-----.org
> Other problems: klarinet-owner@-----.org
>

---------------------------------------------------------------------
Unsubscribe from Klarinet, e-mail: klarinet-unsubscribe@-----.org
Subscribe to the Digest: klarinet-digest-subscribe@-----.org
Additional commands: klarinet-help@-----.org
Other problems: klarinet-owner@-----.org