View Full Version : Found a gear cache
East Scout
04-21-2006, 10:34 PM
THIS IS NOT MY THREAD OR MY STORY..I SNATCHED IT FROM ANOTHER BOARD TO SEE WHAT AN INTERNATIONAL OPINION WOULD BE..
East Scout
Found a cache
--------------------------------------------------------------------------------
Was doing a walk around on my property in WVA yesterday afternoon and found a spot near a large boulder where someone had dug the ground up. I dug up the spot and found a few PVC tubes buried there. Inside was several sets of BDU's, dehydrated food, a very nice pair of boots, two handguns, an AR-15 made from an 80% receiver, and enough ammo to last a couple weeks. There was also a couple of Cold Steel knives, magnesium sticks and a few other nick nacks.
So... I talked to the neighbor and he said that he saw a guy over the weekend pull up and walk my place. He noted that the tags on the car were Maryland tags.
I'm debating what to do with the gear. The BDU's are sized XXL, way to big for me, and the boots are one size too small for me. I've put a note in each of the tubes warning that burying cache's on private property that is not your own is tantamount to abandonment of property and I reburied the tubes. If the owner comes to claim his stuff at any point in the future, he's going to be in for quite a surprise... and if he wants his stuff back, he'll be paying a storage fee.
Anyway... cache your stuff intelligently and where someone like me won't find your treasure trove.
Tojo Kong
California Joe
04-21-2006, 11:12 PM
What kind of retard buries stuff on someone elses property?
22.5degrees
04-21-2006, 11:30 PM
What kind of retard buries stuff on someone elses property?
+1
Not a bright idea. Perhaps the gear owner and the landowner could come to an agreement? Either way I would have done the same.
22.5
angry cow
04-21-2006, 11:34 PM
Hmmm, a bunch of gear that just showed up? Maybe someone's hoping to pawn off their NOT FOR RESALE government issued items.
Blarney
04-21-2006, 11:36 PM
What kind of retard buries stuff on someone elses property?
The same kind of retard that goes to another persons property and steals things (i want my rig back damnit...)
TacoDelRio
04-22-2006, 02:14 AM
Maybe he wasn't aware it was someone's property? Lines aren't always clearly marked.
Damn sucks to be the cache-er.
usmajunk
04-22-2006, 03:06 AM
my question is... why was he doing it?
is he just paranoid?
or does he know something we dont?
eh, probably just a crazy
TacoDelRio
04-22-2006, 07:07 AM
my question is... why was he doing it?
is he just paranoid?
or does he know something we dont?
eh, probably just a crazy
Crazy... just like squirrels are crazy. Storing tools and stuff for when the times get tough.
Steve Andrews
04-22-2006, 08:14 AM
"Enough ammo to last a couple of weeks"
Doing what?
TacoDelRio
04-22-2006, 08:24 AM
"Enough ammo to last a couple of weeks"
Doing what?
He was planning on invading the UK.
p-)
Sabre
04-22-2006, 08:29 AM
"Enough ammo to last a couple of weeks"
Doing what?
Being a paranoid walt.
East Scout
04-22-2006, 08:43 AM
my question is... why was he doing it?
is he just paranoid?
or does he know something we dont?
eh, probably just a crazy
Its a comman practice with Hard Korp Survivalists..You hear a lot of talk about it but this is the first time i have ever heard of some one actually doing it THEN getting thier **** found on private property..
The person that wrote the post said the land was clearly marked private but the stasher saw fit to plant it there anyhow..
TacoDelRio
04-22-2006, 08:55 AM
THe only thing I'd really ever stash would be food and water, some ammo maybe, some medical stuff too. What if you are cut off from getting to yer stash o' sh*t, and that's where your weapon is? Not good. When people are in a pinch, they panic. When they panic, they get violent. It's a good idea to have something to fight back with, even if you never end up shooting.
East Scout
04-22-2006, 09:08 AM
Personaly i think its a bunch of BS. The whole story. Whats even dumber about the person stashing it there was the finder talking about it all over the net...........They guy (if its true) is gonna be pissed and proabably come looking for his gear..If he was nuts enough to bury an AR15 and two pistols out there like that what else is he nuts enough to do?
TacoDelRio
04-22-2006, 09:31 AM
I've heard of alot of militia guys (your favorite) burying guns.
One of them told me not to join the military. I asked him how much the militia paid him.
East Scout
04-22-2006, 09:36 AM
Yeah dont join the military. Dont get me started on them assholes.........
Adam Wilhelm
04-22-2006, 09:54 AM
He would have replaced the Ar-15 with airsoft-guns.
That would be a surprise. p-)
Redguy
04-22-2006, 11:59 AM
my guess is that the goods are probably stolen... cause if i had a AR-15 i would love it, and give it little kisses every night before sleep.
.. not put it in the ground.
California Joe
04-22-2006, 12:29 PM
The best part of the story is that the guy is a XXL and has little tiny feet. rofl
I wish some idiot would bury stuff on my land. I could use an AR.
RGRBOX
04-22-2006, 12:50 PM
What no pics!!!
Finders keepers...
You may want to be on the safe side and call the cops..
RGRBOX
04-22-2006, 12:52 PM
The best part of the story is that the guy is a XXL and has little tiny feet. rofl
I wish some idiot would bury stuff on my land. I could use an AR.
No s.h.i.t....
I just see that fat bastard running around looking for his s.h.i.t. in the middle of the night falling all over himself with that off balanced size he's got..rofl
Hollis
04-22-2006, 12:52 PM
I try to follow a simple philosophy, If I did not buy it, it ain't mine. What I would probably do, write a note place it in the cache, informing the owner of the probelm. rebury everything, in the same spot.
In the not, maybe tell the owner.. NOW on permission.. ignorance is better, not knowing then you can not be held liable. Giving him permission may open you up to liablility..
I would probably tell in the note, that I expected the stuff to be moved........
Another option, is to put the stuff insafe keeping, with a Note in the cache place letting the owner know where to pick up the stuff.
Now if you don't want to meet the dude, then don't do Number 2. leave another.. and just tell him so find a nother place.
Sounds like he did not do a good job of hiding his stuff, next time he may not be so lucky...
Again As far as I am concern the stuff is the original owners.
Limeyfellow
04-22-2006, 01:12 PM
Well damnit. The only thing buried on my land is about 500 bottles of moonshine from the prohibition era. I must find it some time. The bottles alone be worth quite a bit.
If I did find an AR15 and pistols on my property however I would probrobly end up calling the police. You don't know what they been involved in, if they been stolen, if they been used to shoot a guy. Militia guys are weirdos.
Hollis
04-22-2006, 01:23 PM
Well damnit. The only thing buried on my land is about 500 bottles of moonshine from the prohibition era. I must find it some time. The bottles alone be worth quite a bit.
If I did find an AR15 and pistols on my property however I would probrobly end up calling the police. You don't know what they been involved in, if they been stolen, if they been used to shoot a guy. Militia guys are weirdos.
Bottles? you have bottles of Moonshine, and your thinking of the bottles? Tell ya what, I'll Help you find them, you get the bottles, I will get the contents..
Limeyfellow
04-22-2006, 01:48 PM
Bottles? you have bottles of Moonshine, and your thinking of the bottles? Tell ya what, I'll Help you find them, you get the bottles, I will get the contents..
Unfortantly the stuff be pure alcohol now. My wife's uncle was a big producers of the stuff and has this neat still built into the fireplace, but this one idiot turned him in for it. The police cried about it because half of them bought their stuff from it.
RGRBOX
04-22-2006, 03:42 PM
Did someone loose a bottle of moonshin.... I found the bottle..
Rakki
04-22-2006, 06:49 PM
Call the Feds and drop "terrorism" in there somewhere.
oldsoak
04-22-2006, 07:19 PM
Sounds like call in the police time. The last you want is to have anything that might be connected with a felony on your property - especially if it involves firearms plus it may now have your fingerprints over it. Secondly - what sort of guy would stash it on your property without a "by your leave ?". Dangerously bad manners to say the least. Thirdly - irresponsible to say the least and the sort of behaviour that gets legal gun owners a bad name - what if kids had got their first ?
oregongrunt
04-22-2006, 10:45 PM
This story doesn't sound very real to me.
ZoneOne
04-23-2006, 03:08 AM
I would inform your local police department
CASE CLOSED
Flagg
04-23-2006, 08:01 AM
THIS IS NOT MY THREAD OR MY STORY..I SNATCHED IT FROM ANOTHER BOARD TO SEE WHAT AN INTERNATIONAL OPINION WOULD BE..
East Scout
Found a cache
--------------------------------------------------------------------------------
Was doing a walk around on my property in WVA yesterday afternoon and found a spot near a large boulder where someone had dug the ground up. I dug up the spot and found a few PVC tubes buried there. Inside was several sets of BDU's, dehydrated food, a very nice pair of boots, two handguns, an AR-15 made from an 80% receiver, and enough ammo to last a couple weeks. There was also a couple of Cold Steel knives, magnesium sticks and a few other nick nacks.
So... I talked to the neighbor and he said that he saw a guy over the weekend pull up and walk my place. He noted that the tags on the car were Maryland tags.
I'm debating what to do with the gear. The BDU's are sized XXL, way to big for me, and the boots are one size too small for me. I've put a note in each of the tubes warning that burying cache's on private property that is not your own is tantamount to abandonment of property and I reburied the tubes. If the owner comes to claim his stuff at any point in the future, he's going to be in for quite a surprise... and if he wants his stuff back, he'll be paying a storage fee.
Anyway... cache your stuff intelligently and where someone like me won't find your treasure trove.
Tojo Kong
I'd leave the following note:
Dear silly gun-loving American,
The New World Order has confiscated your weapons cache after surveilling your ingress to your cache located on private UN "safe house" property from our thermal imager equipped, UN black helicopters.
We have now placed our best UN stealth ninja surveillance teams to watch you 24/7 as well as injecting you with nanobots designed to make you despise your 2nd Ammendment Rights, American made pickup trucks, and country music.
JOHN HAS A LONG MUSTACHE
THESE AREN'T THE DROIDS YOU'RE LOOKING FOR
This message will self-destruct in 10 seconds.
Moohoohoohaahaahaa!
Warmest Regards,
Tariq Abdul Jihad
Chairman from Libya
UN Human Rights & Anti-US 2nd Ammendment Rights Commission
ABNINF
04-23-2006, 09:54 AM
rofl that's great
TacoDelRio
04-23-2006, 10:06 AM
"These aren't the droids you're looking for"
You are a f*cking genious, Flagg!
BWHAHAHAHA
Hollis
04-23-2006, 01:28 PM
Well Flagg, If he was not paranoid then, he would be now. Great one.
CANsoldier
04-23-2006, 03:39 PM
No, ahha hes planing on invading Alberta for our Oil!
LOOK OUT!
Durandal
04-24-2006, 10:20 AM
The best part of the story is that the guy is a XXL and has little tiny feet. rofl
I wish some idiot would bury stuff on my land. I could use an AR.
No $hit.
The law is in your favor. Soon as they leave it there, you own it, plain and simple and the ƒucker would have to have a big set a balls to come and get it...
RGRBOX
04-24-2006, 10:31 AM
I agree with you Durandal.. my problem is have any of those weapons ever been invloved with a crime... If later found, then you could have more then just an angry asshole, pissed about lossing his cache..
Durandal
04-24-2006, 10:42 AM
I agree with you Durandal.. my problem is have any of those weapons ever been invloved with a crime...
Who cares.
Seriously.
RGRBOX
04-24-2006, 11:03 AM
Who cares.
Seriously.
The problem is if your caught with the weapons, and it is found that one of them matches the weapon used in a crime.. balistics etc.. then care you will.. If the weapon is stolen or missing from the military, then that carries a Federal Crime... you may not care now.. but later things can change...
btdown
04-24-2006, 11:58 AM
Not to mention that gun nuts tend to get even nuttier when you heist their gats...
Durandal
04-24-2006, 10:02 PM
The problem is if your caught with the weapons, and it is found that one of them matches the weapon used in a crime.. balistics etc.. then care you will.. If the weapon is stolen or missing from the military, then that carries a Federal Crime... you may not care now.. but later things can change...
Only if you KNOWINGLY purchase or receive stolen goods.
Federal laws state that a person can sell a firearm to another private individual within the same state. There is no requirement other than selling to a person with the same residence.
Why is this important?
How do YOU know if the weapon you are buying is stolen or crime related weapon and why would the federal government or State for that matter get a chance to look at it?
Millions of firearms are LEGALLY bought and sold without a single piece of paper work in the United States between individuals.
So, in the event authorities of State or Federal government are looking over your weapons one of three things has happened.
1) You decided to turn the weapon in. The most "ethical" choice I suppose.
2) You have committed a crime that resulted in a LEGAL warrant being issued for a search of your property.
3) The government has overstepped its authority and started confiscating lawfully owned firearms regardless of Constitutional rights and the point is moot anyways.
As my good friend put it one time..."Who cares. Buy the gun and never try to sell it."
In this case, you have found a weapon rather than bought it.
Panzer laid
04-24-2006, 10:58 PM
the farries must brought them in ! early X mas
RGRBOX
04-25-2006, 02:52 AM
Only if you KNOWINGLY purchase or receive stolen goods.
Federal laws state that a person can sell a firearm to another private individual within the same state. There is no requirement other than selling to a person with the same residence.
Why is this important?
How do YOU know if the weapon you are buying is stolen or crime related weapon and why would the federal government or State for that matter get a chance to look at it?
Millions of firearms are LEGALLY bought and sold without a single piece of paper work in the United States between individuals.
So, in the event authorities of State or Federal government are looking over your weapons one of three things has happened.
1) You decided to turn the weapon in. The most "ethical" choice I suppose.
2) You have committed a crime that resulted in a LEGAL warrant being issued for a search of your property.
3) The government has overstepped its authority and started confiscating lawfully owned firearms regardless of Constitutional rights and the point is moot anyways.
As my good friend put it one time..."Who cares. Buy the gun and never try to sell it."
In this case, you have found a weapon rather than bought it.
I see your point, I'm just looking at this morally... Because I would care, if I had a gun in my pocession that could possible be linked to a murder.
Durandal
04-25-2006, 03:17 AM
I see your point, I'm just looking at this morally... Because I would care, if I had a gun in my pocession that could possible be linked to a murder.
I can understand that, though I am not too sure I would call it morality.
It doesn't bother me and if it did, then I would have to NEVER purchase a single privately owned firearm, since there is no possibly way to find out whether that firearm was involved in a crime...though you could probably find out if it was a stolen gun.
Ultimately its no different than arguing about a REALLY valuable hammer...it COULD have been used in a crime. If you found one would you check?
RGRBOX
04-25-2006, 03:21 AM
I can understand that, though I am not too sure I would call it morality.
It doesn't bother me and if it did, then I would have to NEVER purchase a single privately owned firearm, since there is no possibly way to find out whether that firearm was involved in a crime...though you could probably find out if it was a stolen gun.
Ultimately its no different than arguing about a REALLY valuable hammer...it COULD have been used in a crime. If you found one would you check?
Point taken... if I was inthe states, and living away from any city, and this was on my land.. then good, but in the city other problems can accure.. anyway, this isn't going to happen to me.. and over here in Switzerland, it would be illegal for me to have a non registered weapon...
What kind of retard buries stuff on someone elses property?
Maryland is proposing a semi-automatic rifle ban if I am not mistaken. That might have something to do with it.
StukaJr
04-25-2006, 10:05 PM
I see your point, I'm just looking at this morally... Because I would care, if I had a gun in my pocession that could possible be linked to a murder.
Well, the description of the contents suggests a stash and not an attempt to hide a murder weapon - or at least, a very odd attempt that would be... Hiding perfectly legal and useful items with a murder weapon is surely a hoot. Secondly, confiscated weapons used in crimes are often sold back to the public the same as surplus weapons or trophy "bring backs" - unless the weapon is new from the factory, it's only someone's guess what history it entails.
Criminal Ballistics are a big phat phoeye, anyhow - it's only accurate if there were no modifications made (parts swapped) and no additional wear took toll from the time of the crime and the test... Some States now require for a fired casing from a brand new firearm to be sent in at the time of purchase - I only wonder what waste of taxpayers' money this has become, considering that any firearm would significantly alter its "signature" through a regular break-in period. Ballistics were a lot more efficient when firearms were produced with a lot looser tollerances and more manufacturer's defects for a ballistics expert to sink their teeth into - in the early 1900's. I mean, DNA evidence would never be allowed in court have the human DNA have the same alteration rate as a piece of machinery.
I'm with RGRBOX on this one. I would never own or hold a weapon that isn't legal, plain and simple. Sure, I think the NFA (the law in the 30s that outlawed machine guns and made them required to be registered) is retarded, but it's the law. I know of several illegal weapons, from a stolen (cop) .38 revolver, to a .50 M2 heavy MG from a P-47 fighter plane in someone's basement, and all manners of non-registered MGs in between the extremes, and I'd never even want to be in the same house they are, much less own them. I don't want a weapon I can't legally take down to the local shooting range. It's be for me like buying the Mona Lisa right after it gets stolen. What's the point of owning something you have to hide away?
But as for caches, yes, they're out there. I know for a fact that a reasonably well-know Pacific NW gun maker has several such caches in the Olympic forest of Washington State. Heard it right from the horse's mouth.
Personally, I think folks like that have watched way too many Steve Segall movies...
RGRBOX
04-26-2006, 03:49 AM
I'm with RGRBOX on this one. I would never own or hold a weapon that isn't legal, plain and simple. Sure, I think the NFA (the law in the 30s that outlawed machine guns and made them required to be registered) is retarded, but it's the law. I know of several illegal weapons, from a stolen (cop) .38 revolver, to a .50 M2 heavy MG from a P-47 fighter plane in someone's basement, and all manners of non-registered MGs in between the extremes, and I'd never even want to be in the same house they are, much less own them. I don't want a weapon I can't legally take down to the local shooting range. It's be for me like buying the Mona Lisa right after it gets stolen. What's the point of owning something you have to hide away?
But as for caches, yes, they're out there. I know for a fact that a reasonably well-know Pacific NW gun maker has several such caches in the Olympic forest of Washington State. Heard it right from the horse's mouth.
Personally, I think folks like that have watched way too many Steve Segall movies...
Yep.. you get caught one time with an illegal weapon, and you can't own any legal one after that..
Durandal
04-26-2006, 08:54 AM
What's illegal about it?
A Machinegun, yes, or any other weapon covered under the NFA WOULD in fact be illegal to own.
The scenario we are discussing though is no different the purchasing a firearm from a private individual.
I mean, lets be honest. If you purchase a USED firearm at a gun store and fill out a NICs check, it still could be a weapon used in a crime.
No one ever said you could not go out and shoot it. I said, you cannot commit a crime and expect it not to be found.
A police office cannot just walk up to a group of people or an individual and demand to do a ballistics check on the rifle and there is not a master of list for Class I firearms owned by civilians.
Hollis
04-26-2006, 12:11 PM
I agree with Durandel, Police need Probable Cause....Like the guy who shot his wife, they searched his house to find the weapon and discovered 900 firearms..
Also there are Class III licenses.. a little more red tape and 200USD stamp. We have a class III dealer near me, and a gun club holds regular open to the public full auto shoots for a fee.
US law allows a person to beable to make their own firearm, it can not be transfered. It has to conform to Federal and State laws. Keep in mind there are state laws too.
Even thought the person who cached his stuff may be waco, strange, ignorant etc, I still would contend the stuff is his. It always has amazed me that people will justify taking something they did not earn. I think the key word, DID NOT EARN.. really doesn't matter what it is. Expression like, "loosers weepers", "he has a bunch any way, "he did not earn it" etc.
Ok the guy is slower than a slug, it still doesnot give a person the right to "capitalize" from that, and take something they did not earn.
Heck, a car park on side of the road.. why not take it.
You find a wallet, a cell phone, what ever it still belongs to the person who owns it. BTW there are legal terms for ownership and if you find something THERE IS a LEGAL way to transfer ownership. Unless you follow the legal method, the law will still consider the property to be that of the original owner, and not assumed it was adandoned
Laconian
04-26-2006, 02:11 PM
If the guy cached the stuff on his land (maybe even public land) he would maintain a right to privacy and ownership. However he cached it on someone else's land, he would have no right to privacy or ownership he gave up those rights when he left the items on another's private property. That's one reason why LE does not need a warrant for trash left at curbside. The dude sounds like a strange ranger, though; with the XXL clothes and small shoes I immediatley thought of the guy Beppo used to have in his avatar - the guy who looked like ten pounds of sh!t stuffed in a 5 pound bag..
ex1cdo
04-26-2006, 02:30 PM
Call the Feds and drop "terrorism" in there somewhere.
Make sure to call from your mother-lin-law's phone p-)
Who buries there gear on some else's property, well it could be some one who has just nicked it
RGRBOX
04-26-2006, 05:27 PM
Who buries there gear on some else's property, well it could be some one who has just nicked it
That's what this sounds like to me.. and if for some reason someday, the police do find the weapon, and it's in your hands, and they do a ballistics test on it, and find that it was used in an unsloved murder etc.. then you will have to do some explaining.. and if someone leaves his car in my front yard, then I'll call the cops to have it removed.. not take it as my own... Sure a weapon is easier to hid.. but it doesn't stop the problem of who's weapon is it, and is this weapon involved in something that could later cause me to go to jail...
Durandal
04-26-2006, 07:47 PM
Even thought the person who cached his stuff may be waco, strange, ignorant etc, I still would contend the stuff is his. It always has amazed me that people will justify taking something they did not earn. I think the key word, DID NOT EARN.. really doesn't matter what it is. Expression like, "loosers weepers", "he has a bunch any way, "he did not earn it" etc.
Ok the guy is slower than a slug, it still doesnot give a person the right to "capitalize" from that, and take something they did not earn.
Heck, a car park on side of the road.. why not take it.
You find a wallet, a cell phone, what ever it still belongs to the person who owns it. BTW there are legal terms for ownership and if you find something THERE IS a LEGAL way to transfer ownership. Unless you follow the legal method, the law will still consider the property to be that of the original owner, and not assumed it was adandoned
Sorry man, I have to disagree with you here...
Private property. All property is owned by someone, the government, or a company. Nothing is "open".
The moment dude decided to trespass, either a result of pure ignorance (which I do not accept) or because he did not care, he is breaking the law.
Now, in my mind, I can file charges OR I could just keep dudes stuff.
Its not a matter of not earning it. Its the principle of it...murder, rape, violation of property...those are the big no-nos in my book. If someone is dumb enough or has the balls to knowingly and illegally enter my property leave something with the INTENT of returning and again illegally entering onto my property, well, he learns an expensive lesson.
Hollis
04-26-2006, 09:37 PM
Not sure of what State you live in, Oregon is a little more complicated. Trespass has elements that must be proven. Also nothing in the law allows a person to SELF CONFISCATE someone elses property. You probably have a law the defines ownership and transfer. There are stuff like "hatches Argument" in which you can agruire land that has been abandoned. It has a time element that 7 years must pass before the land is considered abandoned. If the property was abandoned there is still probably a legal requirement to obtaining ownership.
He may have tresspassed but Only the court can confiscate property or on found property there are effords the finder must make to find the legal owner. Such as take it to the Police Station, if it is not claimed during a specified period of time it becomes your property. Also check out writ of reprevlin(SP) return of property. The USA is definately a Property orientated country. Property rights are very much defined.
Same with stolen property. say you buy a gun that was stolen. Somehow the police find out. You have just lost a gun (and money) and it it is returned to the original owner. You have to go after the person who sold it to you to recover your lost. You can probably ask a lawyer in your neck of the woods.
Obviously if you kept it and the person said nothing... the Nothing had happened. The stuff is now yours.
RGRBOX
04-27-2006, 03:30 AM
Sorry man, I have to disagree with you here...
Private property. All property is owned by someone, the government, or a company. Nothing is "open".
The moment dude decided to trespass, either a result of pure ignorance (which I do not accept) or because he did not care, he is breaking the law.
Now, in my mind, I can file charges OR I could just keep dudes stuff.
Its not a matter of not earning it. Its the principle of it...murder, rape, violation of property...those are the big no-nos in my book. If someone is dumb enough or has the balls to knowingly and illegally enter my property leave something with the INTENT of returning and again illegally entering onto my property, well, he learns an expensive lesson.
Agree.....
Hollis
04-27-2006, 11:26 AM
Sense this is wandering into legal interpetations. If you know a lawyer ask them about this thread. see what they have to say.
When I was getting my degree in adminstration of Justice and "LE academy" protery rights was discussed. The most famous question was, "You have apple tree on your property, but it branches out over to your neighbors. A apple falls from the tree and lands on your neighbors'. Who property is the apple?"
I don't remember the answer, sorry, But the conversation that followed was must like this thread. Interesting view are expressed. regardless what I think, the final decission is what the court will think.
I know the person has property rights which the cacher violated. Unless there are several elements that had to be fulfilled a person would not be cited for tresspass. (look at all the people who do come on your property, the implied right egress and ingress" (postal person, UPS, missionaries etc). This is in Oregon.
I would be curious on what other states "legal" view would be. I agree for the cacher it could be a very expensive lesson.
RGRBOX
04-27-2006, 03:18 PM
O know where I'm from Louisiana, when have our land "POSTED". a sign every 30 ft. now the law had changed where I live about 10 or 15 years ago, and now we have the right to shoot to kill someone who comes onto our property. We have a lot of land, and we actively patrol it. Anyway, if somethings found on our property it belongs to my Grandfather.. end of story... as for the post man etc... they do have the right to walk to our front door, not the back door, not a window, and for sure not anywhere they shouldn't be.. that's how people get shot.. even the Police know this, and don't BS around someones property.. unless with a warent..
Durandal
04-27-2006, 08:14 PM
When I was getting my degree in adminstration of Justice and "LE academy" protery rights was discussed. The most famous question was, "You have apple tree on your property, but it branches out over to your neighbors. A apple falls from the tree and lands on your neighbors'. Who property is the apple?"
Local laws...
In my area around Kentucky and Ohio, an apple is no different than a leaf. ITs called a live tree law. SO long as the tree is alive, regardless of who owns it, whatever it drops is the responsibility of the property owner it falls on.
Including a branch that causes tens of thousands of dollars of damage.
:)
Laconian
04-27-2006, 09:27 PM
In GA and FL the law states the person has to enter private property with the intent of committing a crime for there to be trespass. If the land/property is posted the crime is considered "trespass after warning." In the place of the cacher, it would be hard to prove criminal intent (unless they call burying the stuff illegal dumping, hence littering). Besides, for misdemeanors like this the police have to witness it or have it occur in their presence for them to make an arrest. They could issue a citation and then it becomes what is known as a "he said, she said."
ktk_ace
04-28-2006, 09:38 AM
Local laws...
In my area around Kentucky and Ohio, an apple is no different than a leaf. ITs called a live tree law. SO long as the tree is alive, regardless of who owns it, whatever it drops is the responsibility of the property owner it falls on.
Including a branch that causes tens of thousands of dollars of damage.
:)
hehe....coconut trees....or even better.. DURIAN trees...hehehe rofl
RGRBOX
04-28-2006, 03:47 PM
In GA and FL the law states the person has to enter private property with the intent of committing a crime for there to be trespass. If the land/property is posted the crime is considered "trespass after warning." In the place of the cacher, it would be hard to prove criminal intent (unless they call burying the stuff illegal dumping, hence littering). Besides, for misdemeanors like this the police have to witness it or have it occur in their presence for them to make an arrest. They could issue a citation and then it becomes what is known as a "he said, she said."
The law on La. used to be different, in the begining, you could only do something if the person was inside of your house.. that said, if you had a thief in you house, and you shot him, he had better not fall outside a window.. The laws got tougher in La. because of a lot of trouble with tresspassing, and theif, and there were some kidnappings, and murders for a while.. so things changed, and they gave more rights for protection to the people...
When I was a teenager, my dad shot a guy who had been in our back yard looking in the window of my sister's room.. now I don't live anywhere near a town, so if someones on your land where I live, he's probably not doing anything with a good heart...
TacoDelRio
04-28-2006, 07:21 PM
The law on La. used to be different, in the begining, you could only do something if the person was inside of your house.. that said, if you had a thief in you house, and you shot him, he had better not fall outside a window.. The laws got tougher in La. because of a lot of trouble with tresspassing, and theif, and there were some kidnappings, and murders for a while.. so things changed, and they gave more rights for protection to the people...
When I was a teenager, my dad shot a guy who had been in our back yard looking in the window of my sister's room.. now I don't live anywhere near a town, so if someones on your land where I live, he's probably not doing anything with a good heart...
Your dad rocks! Hahahah damn, can't do that here anymore.
RGRBOX
04-29-2006, 03:02 AM
He put some squirel shot into this kids back side. We then treated him for first aid, while my mom called the comps, and an ambulance. The family didn't press chanrges because of the imbaressment, and the law protected my dad.. the kid was my age at the time or a little older, and his parents uped and moved away after that.. they had been living on the property behind ours about a km away, and their son was making the trip thru the woods to get a peak at my sisters..
East Scout
04-29-2006, 10:34 PM
Wow still this thread lives...
Anyhow, Yeah keep the weapons. Take them to the range and get pulled over on the way there. Get the wrong type of Police Officer and he asks if you are transporting any weapons. Being honest you say yeah and he wants to run the numbers. Yes they can and if they want they will use a reason that fits to do just that. The numbers come back as stolen or the owner is suspected in using them in a crime. Say bye bye to your day at the range and hello to a few days, weeks or months of legal hell cleaning the mess up ..Its not wrorth it....You might even spend the night in jail and have to post bail. Have to get your vehicle outta inpound and they have taken the other weapons you might have had in the vihicle...Sure you tell the police officer that you found them buried in the back yard. That isnt gonna cut it and when he is done cuffing you youll have a while to think of you next move..Oh BTW dont take it personal when he laughs in your face...So what if you found them and thats the truth.. youll pay hell prooving it...
Hollis
04-29-2006, 10:54 PM
EAST SCOUT, Check out Probable Cause, and then read Rules of evidence...
Laconian
04-30-2006, 09:13 AM
HOLLIS,
I'm not sure what you mean. East Scout's example is a feasible example. The officer, making legal traffic stop, can ASK to search your car. He doesn't need PC. Its called a consent search, and it is completely legal. You can deny him the search and also not face any repercussions. In addition, based on the McMillan (sp?) doctrine, if the officer develops PC during the vehicle stop he doesn't need a warrant to make the search-it is an exception to the 4th Amendmant (it has been around since the '20s).
Any evidence found during a consent search,or a warrantless search are not considered "fruits of the poisonous tree" although there will probably be a suppression hearing to attempt to toss out the search.
East Scout
04-30-2006, 09:42 AM
EAST SCOUT, Check out Probable Cause, and then read Rules of evidence...
Good to hear from ya pal..I havnt been on much.
Anyhow in my state i have witnessed nervouse reaction and fumbled answers being used as PC to search vehicles and my opening point was the wrong police officers not a normal everyday situation with an honest by the book police officer..Ive also witnessed refusing to concent to a search turn into the police officer using that (or what ever was on his mind) as a reason to search.......So my point of its just not worth it still stands........;-)
East Scout
04-30-2006, 09:59 AM
HOLLIS,
I'm not sure what you mean. East Scout's example is a feasible example. The officer, making legal traffic stop, can ASK to search your car. He doesn't need PC. Its called a consent search, and it is completely legal. You can deny him the search and also not face any repercussions. In addition, based on the McMillan (sp?) doctrine, if the officer develops PC during the vehicle stop he doesn't need a warrant to make the search-it is an exception to the 4th Amendmant (it has been around since the '20s).
Any evidence found during a consent search,or a warrantless search are not considered "fruits of the poisonous tree" although there will probably be a suppression hearing to attempt to toss out the search.
Exactly... but if you get the wrong judge they may not toss anything if the weapons you found in the backyard buried in PVC pipe were stolen. .You're out to have one hell of a time..
Its just not worth it ..turn them in and be done with it. OR keep your mouth shut and rebury them else where on your land for that day the earth desides to stand still..
Hollis
04-30-2006, 01:12 PM
well yes there is "creative PC" and with a good defense lawyer it is throw out. There is fertive movement, there is how you handle yourself. I have never had my vehicle searched.
I would suggest several prevetnative measures. One don't look and act like a dirt bag. While there is no law of Contempt of Cop, it can sure incourage a Cop to be creative. Rules of evidence is pretty clear cut. A cop can ask for permission and you can denie it. How many traffic stops are there in a day, how many would amount to a search. If you are DUI (alcohol or drugs) if you are arrested, the can be a custody search of your vehicle which can lead to problem, but also the police have guide lines to follow.
When get pulled over, best comment is, "what can I do for you Office/deputy". Be polite, he, in his mind, is just doing a job. If you drink or smoke weird stuff don't carry anything. In jail you will get stripped search and so will your vehilce when it is towed away. Don't lie be honest. Your speeding, you can sadly comment you had your head up your butt and was careless. Most Cops have heard all the BS so new for you is old for them.
Courts, there is the first court then the appeal court (where real law happens). if you have a PD (public defender, means you can not afford a good lawyer, then... be good always).
Most cops on the west coast are very streight, East coast I have heard a little different. When I worked for a agency, a $50 behind your DL, would get you jail time.
If you are stopped and a Illegal search takes place, do NOT argue of fight with the police. They control the situation you do not. After you allowed to continure on, you can start taking action. 1) write down everything you remember as it happen, read it and re-read it besure all information is correct and timely. Have all the information, time, date, officers, people with you, etc.
1) file a complaint with the PD or SO. If you city has a civilian review board, contact them. Contact any civil liberties organizations.
The Police needs to be professional and act professsional, if they violate the law, they are no different than any other criminal.
A little note, if you feel you were stopped without PC, and let go with no real search etc. Best thing is contact the PD/SO and ask NICELY about why you were stopped, there could have been very good reason, you were not just informed of it. I believe the vast majority of Police and deputies are very good people who are professional and will do the right thing. So just don't start accusing them, with out seriously looking at yourself and your own actions. Again, FURTIVE MOVEMENTS, is PC.
Hollis
04-30-2006, 01:18 PM
Again all of this is in Rules of Evidence, Reste Jeste (SP), furtive movements, "seeing something from plain view,, such as looking into a window, etc.
He can ask, you can say NO. if has good PC then, he will put you on hold, and get a search warrent. Same if you concent to a search, and he finds something big. The search will usually end, the vehilce secured (maintain chain of evidence) and a search warrant issued.
Remember fishing is a unlawful search. Generally it is wise to cooperate. The Police usually know more about rules of evidence, search and seizures etc than the avergage citizen who get their law from TV..
HOLLIS,
I'm not sure what you mean. East Scout's example is a feasible example. The officer, making legal traffic stop, can ASK to search your car. He doesn't need PC. Its called a consent search, and it is completely legal. You can deny him the search and also not face any repercussions. In addition, based on the McMillan (sp?) doctrine, if the officer develops PC during the vehicle stop he doesn't need a warrant to make the search-it is an exception to the 4th Amendmant (it has been around since the '20s).
Any evidence found during a consent search,or a warrantless search are not considered "fruits of the poisonous tree" although there will probably be a suppression hearing to attempt to toss out the search.
East Scout
04-30-2006, 03:46 PM
I personaly have never had "issues" like that but I have been with folks that are on the "dirt-bag " side of the tracks and they just dont get it............
Hollis
04-30-2006, 04:51 PM
I personaly have never had "issues" like that but I have been with folks that are on the "dirt-bag " side of the tracks and they just dont get it............
No kidding, I told a guy (local dirt bag) after he was complaining about being harassed all the time. To move to another city where he IS NOT known and to start over with a better attitude. On a boring day, he would guarantee a officer some excitement just by stopping him. He never got it either.
Powered by vBulletin® Version 4.1.10 Copyright © 2012 vBulletin Solutions, Inc. All rights reserved.