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Is it illegal to remove after hours donations
Anonymous2 views3 answers
Mr. Walcutt is correct, and I should have been more clear. If a person has abandoned some property, it belongs to no one and it would not be theft to take it. His examples, leaving the unwanted material at the curb or in/near the dumpster are classic examples of this.
But property is only abandoned when the owner intends only to get rid of it, and doesn't particularly care what becomes of it. As I understood your question, you were asking about the drop box itself. I think that it is pretty clear that this property isn't abandoned. In fact, the previous owner had a very specific desire for his property: to donate it to charity.
The fact that the thrift store generally SELLS those donations makes it even more clear that they are not just "up for grabs." You wouldn't even need to ask if it was legal to take the same shirt off a rack and walk out without paying. The fact that you got to it before the store could take it take it out of the donation box and bring it inside is unlikely to change much.
If the property is clearly abandoned in the sense that the owner clearly doesn't care what happens to it, then it is safe to take. Otherwise, your best bet is to leave it alone, even if there is no sign.
Mr. Walcutt is correct, and I should have been more clear. If a person has abandoned some property, it belongs to no one and it would not be theft to take it. His examples, leaving the unwanted material at the curb or in/near the dumpster are classic examples of this.
But property is only abandoned when the owner intends only to get rid of it, and doesn't particularly care what becomes of it. As I understood your question, you were asking about the drop box itself. I think that it is pretty clear that this property isn't abandoned. In fact, the previous owner had a very specific desire for his property: to donate it to charity.
The fact that the thrift store generally SELLS those donations makes it even more clear that they are not just "up for grabs." You wouldn't even need to ask if it was legal to take the same shirt off a rack and walk out without paying. The fact that you got to it before the store could take it take it out of the donation box and bring it inside is unlikely to change much.
If the property is clearly abandoned in the sense that the owner clearly doesn't care what happens to it, then it is safe to take. Otherwise, your best bet is to leave it alone, even if there is no sign.
Paul Holt WalcuttCriminal Defense AttorneyAustin, TX ·
I agree with most of what the other attorney writes, but I would say this: it depends on the circumstances. For example, at the Goodwill near my house, there is an area where they leave things that they do not want to take in the store. There is a question as to whether or not it constitutes theft to take an item that the store has placed in/near a dumpster or on a curb versus items in a donation bin.
Yes. That's called theft.
In Texas, a person commits theft if he takes the property of another with the intent to deprive that person of that property. He can also commit theft by taking property to which another person has a greater right of possession.
I think that the Thift Store likely owned the property as soon as it was dropped off, but even if they did not, they certainly had a greater right of possession.
As for a sign, that is completely irrelevant and, frankly, ridiculous. The thrift store does not need that sign telling you not to steal their porperty anymore than you need a sign telling someone not to steal your car. The law is pretty clear--if it's not yours, you are already on notice that you may not just take it.
Even beyond the legality, I can tell you that no one, especially the judge and jury, will be very sympathetic toward someone who would steal from a donation bin. If caught, you can expect a harsher-than-usual punishment.
