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Posted on Wed, Dec 21, 2011 : 5 p.m.

Woman tries to profit from gifts mistakenly left in her car

By Cindy Heflin

Linda Gipson was hoping whoever ended up with the gifts she mistakenly put in the wrong car would be moved by the Christmas spirit to return them. But instead, the person appears to be harboring the spirit of Ebenezer Scrooge.

A woman tried to return two sweaters at a store at Twelve Oaks mall in Novi, where Gipson had purchased them, she said today.

Gipson said a store manager realized the sweaters were the ones she had reported putting in the wrong car and questioned the woman trying to return them. Teh

Linda_Gipson[1].jpg

Linda Gipson

When a store manager questioned the return, the woman took most of the items and left, but left behind two sweaters she had tried to return at the store, Gipson said. She picked the sweaters up today at the Novi Police Department.

Gipson, an Ypsilanti resident, told AnnArbor.com earlier this week that she was shopping with her husband and daughter Thursday afternoon at the mall when she decided to take a break and drop off some of the packages in her daughter's car. She used a key to open the trunk, dropped the gifts in and went back to her shopping.

An hour later she came back out and opened the trunk to discover the gifts, worth about $700, weren’t there. Almost immediately, she realized her mistake. Another car parked nearby had looked like her daughter's silver Ford Focus. She had left the gifts in that vehicle.

The gifts included some perfume, a pair of boots, a pair of suede shoes, two sweaters, a hat and scarf and something her husband, Ronald, bought for her from a Native American craft store. Many of the gifts were for her daughters, 21 and 17, she said.

She said she's glad to have the sweaters back. "At least it's something," she said. "We're just hoping that she'll come forward with the other stuff."

Comments

Woman in Ypsilanti

Thu, Dec 22, 2011 : 8:46 p.m.

Obviously the person who owns the other car has a moral obligation to return the items *if* they even realize that they are lost items. But do they really have a legal obligation to do so? I know that if someone accidentally mails something to you that you didn't order, you can legally keep it. I've been so busy the last few weeks that I have to admit that if I found a bunch of stuff in the trunk of my car, I wouldn't have the time to go to a police station or put in much effort at all to return them. For all I know there are lost items in my trunk right now and I wouldn't know because I haven't needed to open it up. I would hate to think I could be guilty of a crime through no fault of my own even though I realize that the odds are negligible. It isn't even proof of wrongdoing if I had found items in my trunk and tried to return them to the store. If I were married and shared a car (as many married people do), I could easily imagine opening the trunk and then assuming that my spouse had bought them. And if they weren't to my taste, I could totally see trying to return them for something else. IF I didn't read AnnArbor.com, I wouldn't even know that someone had made this sort of mistake.

Roadman

Fri, Dec 23, 2011 : 10:26 p.m.

There is a legal duty. Under the law the person receiving these by accident became a "gratuitous bailee" and is under a legal obligation to not be grossly negligent with the property she was accidentally entrusted with and if that bailee appropriates the items for his or her own use it constitutes conversion of a bailment as a matter of civil liablity. Legal title never passed and remains with the true owner.

dogpaddle

Thu, Dec 22, 2011 : 5:26 p.m.

@Sallyxyz and everyone else: surprisingly and much to my concern, one key does sometime "fits all". I had a similar experience with a rental on a trip once. I had parked in a lot with my red rental car near the same make and model red car (unknowingly). When I came out of where I was patronizing and hit the trunk button to get back into my luggage with my valuables that I thought I was so cleverly keeping out of sight in the trunk, they were gone (so I thought). After calming down from my fear and panic and realizing my rental agreement was no longer on the front seat that had a slightly different upholstery than I what thought I had remembered in my rental (yes, same key also opened other red car - I did not test it to see if it actually started mistaken vehicle), did suddenly I realize I was about 5 or 6 parking spaces away from my actual car, that thankfully had all of my luggage still in it. I'm very sorry for Linda and perhaps this should send a message to our auto manufacturers: please make each vehicle's entry method unique - not mass produced! What's the point of keys and trunks if one key fits all (or several)?

tinkerbell

Thu, Dec 22, 2011 : 4:28 p.m.

What an example that could have been set for any children who may have witnessed the incident

Les Jenkins

Thu, Dec 22, 2011 : 3:22 p.m.

For those of you arguing over whether or not she could have unlocked someone else's car with her key, the answer is: Yes, it's entirely possible and more likely than you think. In fact, the older the model of car you're dealing with the more likely it becomes because older models have fewer tumblers in the locks. Newer cars have more tumblers and many are including chips in the keys that will prevent the car from starting even if the key does unlock the door. Back in my youth I owned a 1980 Chevette and my keys would unlock and start my friend's 1976 Chevette (and his, mine). We found this out one day when he locked his keys in his car and I tried mine just to see if they would work. We were surprised to find out that they did. You can read up on this at The Straight Dope: <a href="http://www.straightdope.com/columns/read/1786/are-car-keys-unique" rel='nofollow'>http://www.straightdope.com/columns/read/1786/are-car-keys-unique</a>

Robbo

Thu, Dec 22, 2011 : 2:04 p.m.

When she put them in the wrong car they stuff was no loungers hers. It is unfortunate that she goofed, but not a police matter.

Lake Trout

Thu, Dec 22, 2011 : 6:10 p.m.

Robbo, I certainly hope you never make a mistake. Very ignorant of you to &quot;no loungers&quot; think the items were hers.

Usual Suspect

Thu, Dec 22, 2011 : 4:24 p.m.

Forum cop

jns131

Thu, Dec 22, 2011 : 2:37 p.m.

I do agree with this point. Once given cannot be taken away. Less you want to be called a grinch.

OLDTIMER3

Thu, Dec 22, 2011 : 1:05 p.m.

When in school years ago there were 4 guys with GM products that their keys were partially interchangeable. One would open the doors but not work in the ignition. One was even and old truck key that worked in a way newer( 10 years newer) Impala.

Ann English

Fri, Dec 23, 2011 : 12:33 a.m.

Years ago, annarbor.com's daily predecessor once ran an article about some car keys that worked in two cars of different makes, one of which was an Oldsmobile. Both owners found out about the other's car and the interchangeability of their key locks.

OLDTIMER3

Thu, Dec 22, 2011 : 1:09 p.m.

There are only so many patterns for keys once manufacturers go through the combinations of them they start over always have. Now with the newer cars with the chip in the key not sure ,but it might still work in the doors and trunks as I don't think they have a reader in those locks. Therefore they may be using the same patterns more often.

babs

Thu, Dec 22, 2011 : 8:40 a.m.

Reminds me of the time when I was young when my parents came out of a store in small town Ohio and found their green FORD Galaxy gone from the place they had parked it. 'STOLEN!' my dad fumed....in broad daylight! The police became involved and it turns out that our car had been driven away by a gentleman, sent by his daughter to pick up her green Ford Galaxy. Her car was still parked nearby and the police and my parents were peering into it when the man and his daughter drove back to switch cars. Yep, the keys to both cars fit both cars. Against the odds in a very small town but gave everyone a good story. Interesting that FORD cars are involved in these similiar stories.

Left is Right

Sat, Dec 24, 2011 : 3:59 a.m.

Happens with GM too in my experience.

Ann English

Fri, Dec 23, 2011 : 12:29 a.m.

Your story reminds me of something my father did with his white Ford Galaxy, just so that he could tell it apart from other cars: he put decorative backward S's made of black metal just behind the rear side windows. From your story, I conclude that his Galaxy 500 could easily have been stolen; those distinctive details on it would have taken a car thief some time to take off in a parking lot, and evidence of removal would have been left on the car.

Michael K.

Thu, Dec 22, 2011 : 6:16 a.m.

If she used a credit card, the odds are very good that she has &quot;purchase protection&quot; that would refund the money for this loss. Almost all of my credit cards have that protection.

focus-owner

Thu, Dec 22, 2011 : 4:41 a.m.

Let me also mention also that I've contacted AA.com staff in email about my duplicate-key experience, and I'd be happy to talk to Ms. Gipson or Twelve Oaks staff about my experience as well, if they're seeking corroboration of Ford's re-use of keys.

focus-owner

Thu, Dec 22, 2011 : 4:36 a.m.

I can testify from personal experience that Ms. Gipson's story about a Focus key working in more than one car is certainly possible and has happened before. I found out by a similar accident that the door key to my husband's late 1980s Ford Focus also worked for someone else's Focus, same make/model/color. In the day such cars were extremely common around Ann Arbor. I parked at the Waters Road Target parking lot, shopped, came out, used the key to unlock what I thought was the door to my car, and sat down to drive away. Then I noticed that my husband's pipe and smoking stuff were missing from the car, and realized I was sitting in someone else's car, parked quite near to mine. I got out immediately and relocked the door. Given how common the cars were, and how inexpensive, I just figured Ford had cut some costs by re-using keys. It would make sense that dealers would not want to tell us that they're doing this, lest we all start testing others' cars to see where our keys work. When I first read Ms. Gipson's story I was very interested to see that a Ford Focus was again involved in a duplicate-key situation.

focus-owner

Thu, Dec 22, 2011 : 5:30 p.m.

Apologies, indeed it was an Escort, the model that preceded the Focus both in Ford's model line, and in our garage. This car (if links are allowed): <a href="http://en.wikipedia.org/wiki/Ford_Escort_%28North_America%29" rel='nofollow'>http://en.wikipedia.org/wiki/Ford_Escort_%28North_America%29</a>

YpsiLivin

Thu, Dec 22, 2011 : 4:28 p.m.

Could have been an Escort maybe?

northA2

Thu, Dec 22, 2011 : 2:43 p.m.

You must mean Ford Tempo. The Focus didn't exist until 2000.

moretothestory

Thu, Dec 22, 2011 : 3:56 a.m.

The woman trying to profit from the mistake could get an attorney like Stephen Postema and have it argued that she gets to keep the merchandise. Hey, who cares about the ethics, some lawyers can justify anything.

a2citizen

Thu, Dec 22, 2011 : 3:23 a.m.

@Terrin, The vehicle wasn't abandoned...it was parked. There is something that isn't right with this story. Reminds me of the women that claimed she lost a lotto ticket...

dading dont delete me bro

Thu, Dec 22, 2011 : 3:04 a.m.

this sounds awful fishy... you know how many key combinations there are? and these two cars were similiar and parked near each other?!? how sales/porters at dealers go out and hit the alarm on a key fob to find a car? the odds are better there with the high concentration to have this happen. the only similar thing i had is i was 'unlocking' my car with my key fob and the headlights on a car nearby were dimly flashing with each 'click'

dotdash

Thu, Dec 22, 2011 : 4:33 p.m.

Not so rare. I started someone else's car with my key before I figured out it was the wrong car. It was a Honda Accord.

snark12

Thu, Dec 22, 2011 : 3:27 a.m.

I've seen it happen myself. My brother once had a GM car from an earlier year than my GM car (different model vehicles, however) and our keys could unlock and start each other's vehicles. On another occasion, I had a rental Ford SUV when I was traveling on business in Vermont. I left my meeting and got in my car to drive to the airport. Before I left the parking lot, though, I was surprised to find my briefcase in the backseat had been replaced by a child's car seat! Turns out it was someone else's same model and color Ford SUV, parked about 20 feet away from my rental car. I quickly put it back in the parking spot where I found it, got him my car and drove away before anyone saw me stealing this poor person's car. :-)

Terrin

Thu, Dec 22, 2011 : 2:50 a.m.

Contrary to what some have suggested, it likely would be a crime for the other driver to keep the goods if the other driver suspected or came to know the goods were placed int he car by mistake. Michigan law states, &quot;434.22. Finding of lost property; report or delivery to law enforcement agency; classifications, criteria; storage Sec. 2. (1) A person who finds lost property shall report the finding or deliver the property to a law enforcement agency in the jurisdiction where the property is found. This shall include all property found in an abandoned vehicle. If the person wishes to receive the property if it is not claimed by the legal owner as provided in this act, the person shall provide his or her name and current address to the law enforcement agency and shall inform the agency of any change in his or her address.&quot; This is the same thing that happened to the guy who found a lost unreleased Apple iPhone in California in a bar. Instead of giving it back to Apple or to the police, he sold it. He later was charged with a crime.

YpsiLivin

Thu, Dec 22, 2011 : 4:54 p.m.

This section of the MCL only directs the person who finds the &quot;lost&quot; item to deliver it to law enforcement. It does not describe a violation of the law, but rather only a procedure to follow for lost items. It's possible that the recipient of the goods could be sued under the &quot;unjust enrichment&quot; provisions of the civil code. Since the merchandise was paid for by the original shopper, I don't even think the retail fraud statute applies on the return attempt.

treetowncartel

Thu, Dec 22, 2011 : 3:22 a.m.

Is it a misdemeanor felony? California is a different state, different laws. Apple used that as a marketing ploy.

a2citizen

Thu, Dec 22, 2011 : 2:40 a.m.

&quot;... She used a key to open the trunk...&quot; Does anybody else wonder the odds of her key opening another trunk? Something is not right with this story, if you ask me.

DonBee

Thu, Dec 22, 2011 : 11:17 p.m.

C.C. Ingersoll - They don't use all the cuts for a single model in a single year. I suspect you will find it closer to 1:100 for a specific model and year.

Lake Trout

Thu, Dec 22, 2011 : 6:07 p.m.

Amazing as it sounds, this happens way more often than most people realize. Just think, she could have gotten in the car and drove off without realizing it wasn't her car!

C.C. Ingersoll

Thu, Dec 22, 2011 : 5:56 a.m.

There are only so many ways a key can be cut -- I'm not sure of the exact number but as a general estimate I'd imagine that there are only 5,000 key cuts available. A 1-in-5000 chance is pretty big but... I've personally seen this happen as my key for my 1989 Honda Rebel fit exactly into my friend's 1996 Honda Rebel -- and I just tried it as a joke because I was curious.

joe.blow

Thu, Dec 22, 2011 : 2:23 a.m.

I'm so sorry this happened to you Linda, but that other driver has no obligation to return them to you.

A2BugaBoo

Thu, Dec 22, 2011 : 7:51 p.m.

This story has been reported on many news outlets, no doubt in my mind that the &quot;recipient&quot; knew the items were not meant for her. Tell me that if it had been you that made a mistake and were out the $700 that you wouldn't hope someone would do the right thing and return YOUR property. Give me a break, it's theft no matter how you want to spin it.

joe.blow

Thu, Dec 22, 2011 : 3:37 a.m.

Maybe, but she may have thought it was a random act of kindness, thus a gift.

Terrin

Thu, Dec 22, 2011 : 2:45 a.m.

Actually, the other driver probably did. If the other driver suspected the items in the car were placed there by mistake, or later came to know that, the other driver would be guilty of theft. MCL specifically states, &quot;434.22. Finding of lost property; report or delivery to law enforcement agency; classifications, criteria; storage Sec. 2. (1) A person who finds lost property shall report the finding or deliver the property to a law enforcement agency in the jurisdiction where the property is found. This shall include all property found in an abandoned vehicle. If the person wishes to receive the property if it is not claimed by the legal owner as provided in this act, the person shall provide his or her name and current address to the law enforcement agency and shall inform the agency of any change in his or her address.&quot;

smokeblwr

Thu, Dec 22, 2011 : 1:36 a.m.

Whilst unsavory, is it really a crime if the recipient of the goods keeps them? They were placed in her car, she didn't steal them.

jns131

Thu, Dec 22, 2011 : 2:34 p.m.

Technically yes you do abandon your car when you park it. But only temporally. So, yes there is a point here.

Robbo

Thu, Dec 22, 2011 : 2:03 p.m.

It was not an abandoned vehicle. It was a parked vehicle. When I park my car and go in a store, I do not abandon it. Because no crime was committed. When she put them in the wrong car they stuff was no loungers hers. It is unfortunate that she goofed, but not a police matter.

Terrin

Thu, Dec 22, 2011 : 2:46 a.m.

Yes, it is a crime if the other driver suspected or later came to know the goods were placed there by mistake. MCL specifically states, &quot;434.22. Finding of lost property; report or delivery to law enforcement agency; classifications, criteria; storage Sec. 2. (1) A person who finds lost property shall report the finding or deliver the property to a law enforcement agency in the jurisdiction where the property is found. This shall include all property found in an abandoned vehicle. If the person wishes to receive the property if it is not claimed by the legal owner as provided in this act, the person shall provide his or her name and current address to the law enforcement agency and shall inform the agency of any change in his or her address.&quot;

u812

Thu, Dec 22, 2011 : 1:20 a.m.

Car theft is very high this time of year,keep an eye out.

simone66

Thu, Dec 22, 2011 : 1:14 a.m.

This is why I have several cool bumper stickers on the back of my car. Ain't no way I can ever make this silly mistake.

A2BugaBoo

Thu, Dec 22, 2011 : 7:47 p.m.

But it wasn't her car, which would explain how the mistake was made. The car in question belonged to her daughter.

jns131

Thu, Dec 22, 2011 : 2:32 p.m.

A silver ford focus parked next to my car and I used the license plate to recognize it. Unless it has two dogs in it and then there there is no mistaking it.

Sallyxyz

Thu, Dec 22, 2011 : 12:32 a.m.

Well, don't count on getting the rest of the stuff back. It was a difficult error that could happen to anyone, but I'm very surprised that a trunk key fit more than one car. That's a bit scary. I'm sorry to say that many people will try to cash in on the mistake rather than doing the right thing. From this article, it looks like the recipient of the gifts was one of them.

DonBee

Thu, Dec 22, 2011 : 11:15 p.m.

Sallyxyz - You would be surprised how few different keys there are for a car model. I suspect if you find 100 cars like yours, your keys will fit at least 1 that is not yours. In some models it will be 2.

jns131

Thu, Dec 22, 2011 : 2:31 p.m.

There are other places this woman can go to return them and no one will think twice. All she has to do is say she opened the gift and decided she didn't want it. Out $700 bucks. Good to hear at least 3 sweaters were found. What about the store cameras? Is this womans picture out? Good call on the managers part but still, the thieves of Xmas are out there.

a2citizen

Thu, Dec 22, 2011 : 3:33 a.m.

&quot;... It was a difficult error that could happen to anyone,...&quot; Happen to anyone? Might want to lay off the catnip.

genericreg

Thu, Dec 22, 2011 : 12:31 a.m.

&quot;to return them. Teh &quot; &quot;the woman took most of the items and left, but left behind two sweaters she had tried to return at the store, Gipson said. She picked the sweaters up today at the Novi Police Department.&quot; Journalism dead. Editing murdered.

LA

Mon, Dec 26, 2011 : 6:40 p.m.

I thought that was a literary &quot;snicker&quot; or &quot;D'uh&quot; kind of comment. Worked for me.

justcurious

Wed, Dec 21, 2011 : 11:57 p.m.

I don't think the other report said it was her daughter's car, which might explain why she didn't recognize the stuff in the trunk when she put the things in. But how can she be so sure that someone didn't steal the stuff out of her daughter's trunk?

Brad

Wed, Dec 21, 2011 : 11:55 p.m.

Anyone consider that the recipient may have thought the gifts were gifts? A random act of kindness? It's as plausible as putting your stuff in the wrong locked car. At least.

A2BugaBoo

Thu, Dec 22, 2011 : 7:45 p.m.

But considering that this story has been all over various media outlets I highly doubt they thought it was a random act of kindness.

jns131

Thu, Dec 22, 2011 : 2:29 p.m.

Talk about random acts of kindness. I just read an article where police are pulling people over and handing them $10 gift cards just for driving nicely. I can't remember where but still, I'd like to find this place and get one.

grimmk

Thu, Dec 22, 2011 : 4:37 a.m.

You wouldn't be returning them if you thought they were gifts. You know it was a mistake. Own up to it. Not, you you, but the person who found them.

Bear

Thu, Dec 22, 2011 : 1:13 a.m.

yeah, who'd be putting gifts into a locked trunk at 12 oaks? Hmmmm.... not plausible IMO.

justcurious

Wed, Dec 21, 2011 : 11:58 p.m.

A friend on Facebook just reported that he found a $100 bill on his truck seat when he returned to it. Nice Christmas present for him, he needed it.

xmo

Wed, Dec 21, 2011 : 11:11 p.m.

Was a women involved?

godsbreath64

Wed, Dec 21, 2011 : 10:56 p.m.

um, surveillance?

u812

Wed, Dec 21, 2011 : 10:48 p.m.

what do they say about KARMA

GirlNextDoor

Wed, Dec 21, 2011 : 10:43 p.m.

I'm so sorry this happened to you, Linda. To the owner of the OTHER silver Focus: You're a mean one, Mr. Grinch!!

justwondering

Wed, Dec 21, 2011 : 10:31 p.m.

Let's see... Why haven't they found the car... Silver Focus -- only probably 20,000 or so in southeast MI. Let's start trying our keys in all of them.

janejane

Wed, Dec 21, 2011 : 10:20 p.m.

So why haven't the police found the similar car and retrieved the gifts? Same model, color, etc...and the key fits?

Mick52

Fri, Dec 23, 2011 : 6:53 a.m.

Debatable Robbo. In Michigan, there is a statute called Larceny by Conversion. One can be charged with it if something is delivered to them by error and then they convert them to their own use/benefit. Also, some statutes on lost and found issues require one to turn in found property, no more &quot;finders keepers.&quot; Here I kind of doubt it would be charged, but it does fit somewhat. What bothers me here is that the bad woman could determine where the clothes were purchased but then made absolutely no effort to return them in a good citizen type approach to getting them back to the owner, which is not out of the realm of possibility these days if a purchase is made by a credit card or a personal check. Her efforts were to profit herself. The we have the taking of the property of another with the intent of denying the owner of a return. A great thing about the Michigan penal code is that if something someone does seems bad, there usually is a crime it will fit under.

Robbo

Thu, Dec 22, 2011 : 2 p.m.

Because no crime was committed. When she put them in the wrong car they stuff was no loungers hers. It is unfortunate that she goofed, but not a police matter.