Trespassing + theft issue

[David P]

Yes, but the DA's problem was how to value the blueberries. Why the DA is concerned with value I can guess but it would seem they could get them on the trespass charge.
Dan

We have a charge that covers larceny under $100. While the DA may have difficulty placing an exact value on the berries, it would seem fairly evident that the value is less than $100. Seems like a slam dunk to me.

 

[Car Doc]

Come on everyone knows it was not theirs for the taking. Us them him even their dogs.
The OP is better than me as I would have just put my foot to their backside

Yeah reasonable people like us that are not law breakers know that but these folks are not them.

My statement about the lack of no trespassing signs in the pic would have been dead proof they are on posted ground and there would be no way to argue they were not aware.

Around here as far as hunting goes all you need to do is spray some purple paint on one post or telephone pole on your property line anywhere and the law will write you up if they catch you.

Hunters are held to a higher standard than general population as we should be we are law abiding as a rule.

As far as general trespassing issues go here if they say they were not aware they can get away once if the cop wants to let them go it isn't a mandatory citation and if caught again they get wrote up. If its well posted they get one right now and can go to jail its a misdemeanor.

 

[rmully]

a DA is not going to be interested as there is no glory in it. I would talk to a private lawyer and see if he will sue for damages ...don't let it drop. Also contact your local paper and see if they would be interested in publishing a story about how the police and DA are not interested ...that should light things up.

 

[greasemonkeyok]

Sunlight is the best disinfectant.

Often times thieves who only think of themselves also do not want the public to know their character flaws. Don't be surprised when they lash out and try to blame the conduct on someone else. The usual excuse is Mr. So-in-so (previous landowner) said it was OK.

 

[JamesHW]

I'm not clear if the goal is to prevent further trespass and damage to your crop or to extract damages of some sort. Reading the Michgan trespass laws, it would appear clear that these folks have engaed in at least "Misdemeanor Trespass" which means the maximum penalty would be by my reading (IANAL) be "punishable by imprisonment for up to 30 days, a fine up to $250 or both". I believe that orchards are specifically mentioned in the law.

IN NY State: "Even on vacant land, a written notice delivered in person (or by certified mail with a signed receipt, etc.) to any person, in the name of the landowner or authorized party, containing a description of the premises and a warning of restrictions which apply has the same effect, for that person, as if the land were posted with those restrictions."

I would suggest getting an attorney to draft a stern, certified letter to these people and any other neighbors who you believe to be trespassing on your land and stealing bluberries. This may not be part of MI's law, but will put them on notice and may help in future litigiation. The fee to a lawyer will be inexpensive to draft such a letter and then you have someone to assist you in sueing these people if it comes to that.

Keep bugging the prosecutor and eventually he may decide that doing his job is less bothersome than reading your letters and emails.

 

[JHTFarmer]

Three thoughts:

1.) Accept that you are going to have loss of product due to these people. Your blueberries will be less productive but you will have no added costs or stress to your life with this option. They are pests that cannot be exterminated.

2.) consider installing a more substantial fence that they cannot easily climb over or crawl under. The orchard doesn't appear very large so this should be a reasonable option. You will have to balance the cost of the fencing with the cost of the continued loss of blueberries and the emotional cost of these people violating your property.

3.). Restraining order. Consider visiting them. Present them with the photos and ask them to stop. I would hope for one of two responses. Either they apologize and stop these activities or he gives you the old "**** no, i'm gonna do what I please!". If he gives you the "**** no" response, go visit a local attorney explain the situation and that you have been threatened by these people and don't feel safe. A restraining order could be easily drawn up for a couple of hundred dollars and a visit to a judge. This will be far more enforceable than a trespassing violation if they continue.

Good luck

 

[MikeD74T]

You could turn the pics into "wanted" posters. Offer a small reward for info leading to arrest & conviction of blueberry theives/tresspassers & put them up around town. If the DA won't act you'll never have to pay the reward but you'll get the word out. MikeD74T

 

[Car Doc]

Someone could simply send a link to this thread to the local paper and the police dept let that do the talking. It is one of the longest discussions on the subject that hasn't been finalized to a legal end I have read yet. :thumbsup:

 

[two_bit_score]

Someone could simply send a link to this thread to the local paper and the police dept let that do the talking. It is one of the longest discussions on the subject that hasn't been finalized to a legal end I have read yet. :thumbsup:

You could turn the pics into "wanted" posters. Offer a small reward for info leading to arrest & conviction of blueberry theives/tresspassers & put them up around town. If the DA won't act you'll never have to pay the reward but you'll get the word out. MikeD74T

Both are actually very good ideas. :thumbsup:

 

[Martian]

I know this isnt exactly what the conversation but I had my truck broken into and laptop stolen last week. $200 for the window and works paying for the new laptop but you just feel an invasion on your privacy.

 

[DennisH]

Motion-Detecting, Auto-firing, Life-Hating Uzi Turret Gun

 

[Martian]

Motion-Detecting, Auto-firing, Life-Hating Uzi Turret Gun

I will not be coming to your house anytime soon!:laughing::laughing:

 

[hawkeye08]

Regarding the value of the berries, how do you know that they only took the ones you know about? They could have been coming much more than you know, and they could have damaged your berry patch (although you might have noticed that if they did).

perhaps you want to plant some poison ivy under the fence line? LOL, not really but seeing the photos gave me that idea...

Maybe send them a nice certified letter informing them that they have been identified stealing berries and trespassing and that the evidence has been turned over to police. Perhaps even offering to drop charges if restitution is paid and no further trespassing occurs.

Do you have a friend with dark color vehicle with tinted windows (black Tahoe works well) that could park across street from them and appear to be taking pictures of them ("investigating")?

 

[murphy1244]

I would sit in a tree and try out my new rifle... I know thats insane but there is no respect no more. Want to act like trash? I will treat you like trash, Thats the way it is here.

 

[beppington]

Well, if the law won't handle it, & OP decides it's not worth pursuing legal processes, I would at least let them know in some way that you know it was them.

Ever since the trespassers at my place not only fessed up to having been trespassing but also asked permission to continue doing so, which I didn't want to grant, they've quit trespassing. I initially told them I'd let them know, but decided to just not call them back & hope they take the hint, which they have so far. Maybe you'll get this lucky. Of course, they haven't stolen anything from me.

 

[MadJack]

First post on this thread was 8/02/11. If it hasn't been resolved by now I doubt it ever will be.
If it were my property and my produce the neighbor most likely would have moved to another town by now.

 

[sandman2234]

We can still hope for a good outcome, and if nothing else, enjoy the reading. I am still waiting on the DA's report.
David from jax

 

[davo727]

Whats new with this deal?

 

[Dadof3]

We need to resolve this before the berries get ripe!

 

[David P]

Hey guys, thanks for the continued interest. I was going to update this thread early this coming week.

Here's the latest: I had to file a FOIA in order to get the history on my case with the MSP as she wouldn't provide the information to me over the telephone. I found that they did not pursue this as a criminal complaint because I was supposedly unable to provide them with the value of the berries. I was told that they contacted the prosecutor's office and it was their decision. However, when I called them myself there was absolutely no record of any conversation whatsoever. I even asked them if it was possible that an informal call was made without a record being made and was told there was no way that could have happened. After I got this information I was basically fed up with the handling of the case by the MSP and wrote a letter to the thieves myself.

I sent it registered mail (I have a delivery receipt) and told them that I knew they stole berries and trespassed on my property last summer and said that I saw two courses of action, one private the other official. I asked them what they propose we do about this and gave a deadline that has now passed.

My next step will be to visit with the MSP in person and get them to follow up on the case. I plan on doing that sometime this week when my schedule permits.