Olivia and Benjamin dated for a long time but got into a big argument on Valentine's Day in the middle of the local mall. In a fit of rage, Olivia threw a necklace Benjamin had just given her as a Valentine's Day gift right into the trash can in the middle of the mall. Joe was sitting nearby and watched it happen. Olivia marched away, with Benjamin following close behind trying to reach some peace with her. Joe jumped up and pulled the very nice necklace worth about $$150$ out of the trash. It was still in the box. As Benjamin returned to try to retrieve the necklace, he saw Joe and demanded he turn the necklace over to him. If Benjamin were to sue Joe, would he win?

Yes, because Joe witnessed the incident and cannot claim not to have known about Benjamin's claim.

Yes, because there is no possible way for Joe to successfully assert adverse possession in such a short amount of time.

No$,$ because Benjamin waived his interest in the property when he followed Olivia away from the trash can.

No$,$ because Benjamin gave away all of his possessory interest before Joe retrieved the necklace from the trash can.