Trespassing + theft issue

[chucko]

Thing is there was a crime and they will NOT do their jobs...... Yea a good warning is all it mostlikly take and pointing out that their is evidence of the crime. But the law does not even seem to be willing to do that......


So under some about of value is not a crime? hummm Take the coke or donut from the cop he just paid for

 

[Phils]

I don't know about you but it's not the blueberries that bother me. It's the trespassing. Is that not a crime anymore? I know I would feel so violated to have someone just freely (now with the sanction of your D.A.'s office) walking onto my property and doing what they will. Apparently it's not a crime. I suggest walking into the D.A.'s back yard, sit down, and enjoy a relaxing beer. Maybe chat up his wife while you're there. (Tongue in cheek but you get my point.)

Unless it was HIS beer you were drinking, that violation of law is less than the ones they refuse to prosecute.

I vote for this one.

Phil

 

[David P]

Thanks for the replies & comments. I like the one about pulling up a chair in the DAs backyard..... haha

Here's my take on this so far: I have received poor service from the first Trooper (who was fired and is not out on medical leave as I was told by his replacement) and the second officer did forward the materials appropriately but didn't call me back. Again, poor service. I am unable to reach this department by phone and they do not have a lobby that is hosted so I think my next course of action will be to contact the DA's office directly.

My plan is to resubmit everything I provided to the police officer along with a few more details including the approximate value of the blueberries that were stolen. Based upon the service I have received so far, I doubt this was pushed very hard by my local contact(s). I will put this together tonight and send it tomorrow. Updates to follow.

Another funny thought that is keeping my thoughts a bit light... I have been giving serious consideration to putting together a, "Can you identify these thieves?" flyer asking for help in identifying these terrible, rotten people and putting it in ONLY the box of the thieves. I would let them stew about things for a while with a follow up some time later. First follow up would be a letter indicating that we were sent in their direction by a very helpful person in the neighborhood along with an invoice for the stolen berries (at 3x value, provided for by MI law) and perhaps the cost of the trail camera I had to purchase in order to catch them a SECOND time. Letter would include a statement requesting payment or to expect a date in small claims (civil?) court. Final letter, provided payment occurs, would be certified and an instruction to stay off our property. (DA will not prosecute trespassing without prior warning; signs do NOT suffice).

This last idea warms my soul heh heh heh!!

 

[jinman]

David, I think you have the kind of story newspapers and TV investigative reporters love to come across. You'll find them most interested just before local elections. Your case seems a "slam-dunk" for an exposé feature.

 

[aczlan]

(DA will not prosecute trespassing without prior warning; signs do NOT suffice).

The legislature would appear to disagree with him. See (especially section C): Michigan Legislature - Section 750.552

750.552 Trespass upon lands or premises of another; violation; penalty.
Sec. 552.
(1) A person shall not do any of the following:
(a) Enter the lands or premises of another without lawful authority after having been forbidden so to do by the owner or occupant or the agent of the owner or occupant.
(b) Remain without lawful authority on the land or premises of another after being notified to depart by the owner or occupant or the agent of the owner or occupant.
(c) Enter or remain without lawful authority on fenced or posted farm property of another person without the consent of the owner or his or her lessee or agent. A request to leave the premises is not a necessary element for a violation of this subdivision. This subdivision does not apply to a person who is in the process of attempting, by the most direct route, to contact the owner or his or her lessee or agent to request consent.
(2) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 30 days or by a fine of not more than $250.00, or both.
History: Add. 1951, Act 102, Imd. Eff. May 31, 1951 ;-- Am. 2007, Act 167, Eff. Mar. 20, 2008

Even better:
Michigan Legislature - Section 750.549

750.549 Trespass upon huckleberry and blackberry marshes.
Sec. 549.
Trespass upon huckleberry and blackberry marshes, any person who shall enter the enclosed premises of another person and take and carry away from any huckleberry marsh or lands growing blackberries, huckleberries or blackberries there growing, or who shall trample, break down or otherwise destroy the huckleberry or blackberry bushes growing thereon, without the permission of the owner or occupant of such premises: Provided, That such owner or occupant shall have previously posted a conspicuous notice in at least 3 different places upon the premises forbidding any trespass thereon, shall be guilty of a misdemeanor.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.549
Former Law: See section 1 of Act 261 of 1909, being CL 1915, ｧ 15412; and CL 1929, ｧ 17015.

Aaron Z

 

[Barry 1]

For 10 years,Farmers have been told to practice Biosecurity to prevent the spread of disease,and protect Americas food supply.This is an Agroterrorism issue.There are hundreds of diseases in the US,and you should be more concerned with what diseases these theives brought on your farm,and contaminated your blueberrys with.
Contact your State Dept. of Agriculture,Homeland Security,etc.and report this.

 

[groundcover]

As far as the value of the berries , go to the supermarket and take a look at the tiny box they sell for $4.99 or so ! Do the math to get the volume of the bucket - bet it would be plenty pricey !

 

[MikeD74T]

David P, I'm guessing that your DA is elected or appointed by someone that is elected. Either way go to his boss for an explanation of why this crime is unimportant. I'll bet either man's wife (assuming they're both men) can find the value of blueberries. Certainly your district agricultural office can! I'd certainly go very public if neither will do their job. MikeD74T

 

[forgeblast]

Got to love the tby think tank.
I think if you play the biosecurity (people unknown to you, messing with a commerical food source), plus poor service that you have recived in response to this "ongoing" threat, and packaged it with your evidence I think you will find that someone will take another look at it.

 

[idaho2]

I'd notify your state Attorney General. Some intern will likely grab your case and run with it. Local DA's do not like calls coming from their state AG's.

 

[greasemonkeyok]

Found this on the net:

"The term "prosecutorial discretion" refers to the fact that under American law, government prosecuting attorneys have nearly absolute and unreviewable power to choose whether or not to bring criminal charges, and what charges to bring, in cases where the evidence would justify charges."

You, on the other-hand, have "publicity discretion" - getting a local consumer reporter to do a story on why trespassing and petty theft are crimes the local DA is just too busy to pursue.

Of course I would think long and hard about getting on the wrong side of the local LEOs and DA.

 

[BigE_]

Figure out how much the berries were worth and take them to small claims court. You have evidence. They will lose. Plus they'll have to pay court costs and any expenses you incurred. Sometimes you can even get money for the time you spent in court, but not always. Depends on the judge.

If nothing else you'll ruin their day and make them think twice before turning to petty theft.

 

[Redbug]

Figure out how much the berries were worth and take them to small claims court. You have evidence. They will lose. Plus they'll have to pay court costs and any expenses you incurred. Sometimes you can even get money for the time you spent in court, but not always. Depends on the judge.

If nothing else you'll ruin their day and make them think twice before turning to petty theft.

Now...that's good advise. Don't need the worthless police to get involved, either.

 

[sld]

This has drug on for some time now. Hope you get some satisfaction in the end.

Have these people been back since the time you caught them on camera? Maybe it's the last time they will do it.

 

[Western]

David, I think you have the kind of story newspapers and TV investigative reporters love to come across. You'll find them most interested just before local elections. Your case seems a "slam-dunk" for an exposé feature.

Initially I thought the route David was going was a good one. I think Jim and others have probably a better idea, maybe forewarn the DA 1st, he may change his mind.

 

[beppington]

Figure out how much the berries were worth and take them to small claims court. You have evidence. They will lose. Plus they'll have to pay court costs and any expenses you incurred. Sometimes you can even get money for the time you spent in court, but not always. Depends on the judge.

If nothing else you'll ruin their day and make them think twice before turning to petty theft.

This is the idea I think I'd proceed with :thumbsup:

 

[UpToNoGood]

Billboard with a photo on the thieves in action, with the caption of "Help me find these very berry thieves"

 

[kidr]

Trash pump connected to tank of sewage. Motion detector. Let the games begin.

 

[thatguy]

Billboard with a photo on the thieves in action, with the caption of "Help me find these very berry thieves"

EXCELLENT idea!!

b

 

[dex3361]

Trash pump connected to tank of sewage. Motion detector. Let the games begin.

The messed up way things are today he would get arrested for bio-terrorism. But I cant help but love the idea.:thumbsup: