Ah the poor wee thing id take it in if i were you and all you gotta do is take foto's of it and show that to the police if they come knocking on your door, im not a big fan of cats but i dont like animals being hurt in any way shape or form.
Around here, the SSPCA (scottish version) aren't much cop, but the Cats Protection League might be worth a try?
If you dont get anywhere I would just take it If the guy does call the police, there is no way the police will go and get a search warrant for a kitten, after all if it is outside it could just have run off......
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