My mother found a necklace that she did not buy but rather was found in the road near a local mall and decided to keep it for herself. What would you have done if the same was found? She refused to ask the police if it belonged to anyone or at a store that sold it....
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Unless there would be some definitive means of associating the item with any particular individual who claimed to the owner (such as requiring a receipt or a detailed description of the item from any purported owner), or even with a store from which the item might have been purchased (such as an establishment in the mall referenced in the question), as well as of assuring that the owner was even aware of the item's loss, I would say that trying to locate the true owner (despite being well-intentioned) would be subject to hindrances or even possible deception that would make the effort unlikely to genuinely succeed. Under those circumstances, I would say that keeping the found item would not be considered theft. However, if there were still doubt on the part of the individual, she might consider consulting with local police (for example), and inquiring of them about whether there would be a prescribed local procedure to be followed, as well as a length of time that would be required to elapse, before the found item could be considered legally hers if left unclaimed.
This is a good question that I do not have an answer. We stopped in a convenience store on our way through New Mexico a few years ago, and we were the only ones in there. I looked down and saw a 100 dollar bill lying on the floor. It was not mine, but I figured if no one claimed it, it belonged to the store. So I gave it to the girl at check out, and told her that I found it on the floor. If no one claims it, then it is up to you to do with it what you think is best and even to keeping it for yourself. I have no idea what she did with it if no one claimed it. She could have given it to the owner/manager of the store, or not. Knowing what to do is sometimes not clear. All I knew is it was not mine. And there was no one else there but two girls at check out. Both of them heard all I said.
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