I was wondering about the legality and the ethic of taking the rack myself.
I came across one good rack in Sept. in Utah and that crossed my mind. It was a banged up Honda, or similar by the side of the road with leo, and the rack way on the other side.
I was tempted to stop and try to obtain the rack, but I was on my motorcycle. I thought it would look good, bungeed off the back of my bike. But it was a busy road, with not much shoulder, and I wondered if the leo didn't already have his eye on the rack. It was good looking.
Could be the car driver might have claimed claiming rights as well, or thought he needed it for evidence to the insurance company or whatever.