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blackberry found

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rachy21roo | 23:58 Sat 16th Apr 2011 | Technology
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i found a blackberry about 6 or 7 months ago and tried to trace the owner but to no prevail.i since decided to use the phone as it seemed a shame to throw it away.i was wondering can the phone still be traced?its pay as you go now.it never occured to me untill now.any suggestions?
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could it be traced to me though if they were still trying find it?
Rach21roo:
You've posted your question in 'Technology' but I'll respond as if it was posted in 'Law':

Section 2 of the Theft Act 1968 states:
"A person’s appropriation of property belonging to another is not to be regarded as dishonest . . . if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps".

So, having 'tried to trace the owner' (as per your post), you're probably legally in the clear. However it's possible that a court might rule that (since a person who has lost a phone might report that fact to the police) you hadn't really tried to trace the owner if you failed to report your find to the police. However, simply doing that carries its own risks!
http://www.dailymail....D-handing-police.html

Chris
if you are aware of iemi, etc, then you are aware it can be traced, and am surprised you could not trace owner - anyhow I would hand it into police ASAP - tell the truth - shop will verify your actions, if need be. Different Police forces have different policies - but generally they allow "loser" of goods 2 months to claim it, and then the "finder" a further month to claim it if "loser" has not. Then goods go to Police auction.
If you decide to claim it you can then use it without worry.
Lesson for next time you find something - hand it into Police.
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so if i hand it to police i could get into trouble? blimey.... id rather just throw it away.oh and didnt know were to post the question ha
rachy's already said that the shop's closed down, tonyV, so no evidence there any longer.
Question Author
yea just been looking into it all the last day or so wondering what it all about.didnt realise.but thanks for the advice.
Realise that now Boxtops - but was typing and making a cuupa while rachy was replying.
Rachy - student was in Mail article was never charged - your call know I'm afraid.
Back when I was a bus driver I would often find phones on the bus. Rather than had them in to lost property at the end of my duty, (which, by the way, was the easiest way for the phones to completely disappear off the face of the earth) I would scroll through the contacts and look for "mum" or "dad" failing that I would pick a random contact on the phone and ring them explaining who I was and why I was in possession of the phone. Only then would I hand the phone in to lost property knowing that there was a greater chance of the owner coming in to claim to the phone.

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