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Help aquired samsung moment

My buddy is a cab driver in town and a patron didn't have money to pay his bill when my friend got to the patrons hotel. The man handed my friend his cell phone (the samsung moment) and said "I'll run up to my room and get the money for the cab ride, take my phone as collateral incase i don't come back". after 20 minutes of sitting in the parking lot my friend left with the guys cell phone. The phone looks like it is barely used but there was no battery in the phone. The cab company kept the phone for about 3 months and nobody called to claim it back from them so my friend kept the phone. Its a sprint phone but he doesnt have sprint so he gave the phone to me. My concerns are if i go to radio shack to... 1. find out if the phone works, and if it does, 2. try to activate the phone and it is reported as stolen that i will be held responsible for stealing the phone. Am I out of line worrying about giving it a try or am i just over thinking this entire situation?
 

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