Abe Costello has a lengthy criminal record for car theft. Some time ago, a police officer observed
Question:
Abe Costello has a lengthy criminal record for car theft. Some time ago, a police officer observed him driving through a red light. When the officer demanded Costello’s driver’s licence and car registration, it became clear that the car was not registered. Further investigation also revealed that all the car’s unique identifying elements (such as its serial number and engine identification number) had been expertly removed. Finally, upon opening the vehicle’s trunk, the officer discovered tools used for breaking into cars, as well as a kit for forging car registration numbers. The officer confiscated the vehicle and Costello was charged with theft. Those criminal charges, however, were eventually dropped. Because of the “special modifications” done to the vehicle, the Crown prosecutor was unable to determine the car’s original owner. It therefore was impossible to prove that Costello was guilty of theft. Several days later, the police were shocked when Costello demanded possession of the car. As the Chief of Police explained, “We all know that it isn’t really his car, so we won’t be giving it back to him.” Assuming that the general common law rules apply, who is entitled to the car? Explain your answer.
Step by Step Answer:
Managing the Law The Legal Aspects of Doing Business
ISBN: 978-0133847154
5th edition
Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer