Trespass prosecution

[George]

You have good pictures of them and their tattoos, prosecute.

G

 

[swat1018]

From what I can tell, trespassing is a big concern for those of us that have paid a good chunk money to own our own chunk of property, but generally is a very low priority for law enforcement personnel. In addition to trespassing, I've had incidents of larceny (cameras vandalized or stolen) and harassment (gates cabled and locked), and still no face-to-face meeting or action by law enforcement. It's almost as they are encouraging landowners to take enforcement into our own hands, which personally I would prefer not to do.

That's unfortunate, but to say it's a low priority for LE is painting with a pretty wide brush. Where I work, that isn't the case....

 

[swat1018]

Is LE's reluctancy to prosecute based on a property line dispute, where they say they weren't trespassing? (civil issue, not criminal)

 

[Otghuntingclub]

That's unfortunate, but to say it's a low priority for LE is painting with a pretty wide brush. Where I work, that isn't the case....

I'll concede that's it's probably different in various places across the country. In my area of Michigan and more or less statewide, I don't see a lot of enforcement of trespassing laws by LE. I was told personally by my local DNR officer that the DNR handles a majority of the criminal trespassing complaints, and that the county sheriff is involved when only larceny is involved. In Michigan, the DNR lists bi-weekly reports online of officer activity, and trespassing doesn't seem to get very much attention. FWIW.

 

[Jeff H]

Is LE's reluctancy to prosecute based on a property line dispute, where they say they weren't trespassing? (civil issue, not criminal)

They are not reluctant to prosecute they just won't tell me what I need to present to them in order to prosecute successfully which seems ridiculous to me.

 

[Jeff H]

When I can find some time to make it to the sheriffs office I'm going to file a complaint in person, present the evidence I have and then follow up, then follow up again, then follow up again.

 

[dogghr]

I would suggest forget the local sheriff unless you are friends. When I've had issues to deal with always better luck with a state trooper especially in rural counties. I stay good friends with several law enforcement including a game warden. Friends will tend to take more action especially if you have done them favors. But if cold turkey, sheriff is my last choice for variety of reasons and don't mean to offend any on here. My good friend is a local sheriff and an excellent one, but they have a lot of irons in the fire, so I get it. LEs tend to get bored at times expecially in rural area and love the chance to take action.

 

[Satguy]

Whoever surveys your neighbors will probably go off of your survey on the line you share with them. Those things get recorded at the county court house.


Sent from my iPhone using Deer Hunter Forum

 

[Jeff H]

You have good pictures of them and their tattoos, prosecute.

G

Yes, and

Whoever surveys your neighbors will probably go off of your survey on the line you share with them. Those things get recorded at the county court house.


Sent from my iPhone using Deer Hunter Forum

I'm not worried about a new survey. If they want to pay a surveyor to find out what I've already told them that's fine. I know where the pins are and am confident that my road is on my property.
With these neighbors it's just always something. They just keep causing problems.

 

[swat1018]

I would suggest forget the local sheriff unless you are friends. When I've had issues to deal with always better luck with a state trooper especially in rural counties. I stay good friends with several law enforcement including a game warden. Friends will tend to take more action especially if you have done them favors. But if cold turkey, sheriff is my last choice for variety of reasons and don't mean to offend any on here. My good friend is a local sheriff and an excellent one, but they have a lot of irons in the fire, so I get it. LEs tend to get bored at times expecially in rural area and love the chance to take action.

That may be in your locale, but in many states, like where I work in Indiana, the Troopers patrol the highways for traffic violations. Here the Sheriff handles 90% of criminal complaints and incoming 911 calls. I think it varies by state, and even regions within the state.

 

[Elkaddict]

You need a perfect understanding of your jurisdiction's trespass regime--all of it. That will include the general provisions, and any additional Regulations your Fish and Game may have adopted that impact other existing provisions. Blogs like this are a poor substitution for actually understanding the law, its practical application, and how to increase your chances of success. Secondly, you need to keep in mind the bottle neck is probably ultimately the local prosecutor's office. Short of political influence you can't force them to prosecute. As a former prosecutor, I can tell you it's hard to make a priority of trespass violations when you're inundated with felony cases. This is particularly the case where the victim can't easily prove intent, you could bring a civil action, or there is an underlying assumption that a dispute about actual boundaries exists. Prosecutors don't like to loose and will rarely gamble on a minor violation if the case isn't handed to the hem on a silver platter. I know that isn't what you want to hear, but that is my experience. In the states I've addressed trespassing issues, your purple ribbons alone would never suffice for a criminal or perhaps even a civil case. Study your state statutes and look at what's required to properly post your property. See if there is a specied mechanism whereby trespassers might be further put on notice they are trespassing. Position yourself so you're you're in a position to make them prove the boundaries are different than you claim.

 

[swat1018]

You need a perfect understanding of your jurisdiction's trespass regime--all of it. That will include the general provisions, and any additional Regulations your Fish and Game may have adopted that impact other existing provisions. Blogs like this are a poor substitution for actually understanding the law, its practical application, and how to increase your chances of success. Secondly, you need to keep in mind the bottle neck is probably ultimately the local prosecutor's office. Short of political influence you can't force them to prosecute. As a former prosecutor, I can tell you it's hard to make a priority of trespass violations when you're inundated with felony cases. This is particularly the case where the victim can't easily prove intent, you could bring a civil action, or there is an underlying assumption that a dispute about actual boundaries exists. Prosecutors don't like to loose and will rarely gamble on a minor violation if the case isn't handed to the hem on a silver platter. I know that isn't what you want to hear, but that is my experience. In the states I've addressed trespassing issues, your purple ribbons alone would never suffice for a criminal or perhaps even a civil case. Study your state statutes and look at what's required to properly post your property. See if there is a specied mechanism whereby trespassers might be further put on notice they are trespassing. Position yourself so you're you're in a position to make them prove the boundaries are different than you claim.

Purple paint is the law in MO, equal to a sign by statute.

 

[Elkaddict]

Great example of how different state law is.

 

[Jeff H]

You need a perfect understanding of your jurisdiction's trespass regime--all of it. That will include the general provisions, and any additional Regulations your Fish and Game may have adopted that impact other existing provisions. Blogs like this are a poor substitution for actually understanding the law, its practical application, and how to increase your chances of success. Secondly, you need to keep in mind the bottle neck is probably ultimately the local prosecutor's office. Short of political influence you can't force them to prosecute. As a former prosecutor, I can tell you it's hard to make a priority of trespass violations when you're inundated with felony cases. This is particularly the case where the victim can't easily prove intent, you could bring a civil action, or there is an underlying assumption that a dispute about actual boundaries exists. Prosecutors don't like to loose and will rarely gamble on a minor violation if the case isn't handed to the hem on a silver platter. I know that isn't what you want to hear, but that is my experience. In the states I've addressed trespassing issues, your purple ribbons alone would never suffice for a criminal or perhaps even a civil case. Study your state statutes and look at what's required to properly post your property. See if there is a specied mechanism whereby trespassers might be further put on notice they are trespassing. Position yourself so you're you're in a position to make them prove the boundaries are different than you claim.

I appreciate your points. Interestingly I tried today to get the information necessary to position myself so that I could hand them the conviction on a silver platter, yet I was told sorry we can't help you.

 

[CAS_HNTR]

We have a family property that is located near a subdivision....the property has a pond and is a constant problem with trespassing, primarily high school kids drinking beer and trashing the place with litter, cans, etc.

Anyways.....last year we were out there and it was a disaster. There was food wrappers, dip cans, and TONS of paper everywhere. Funny thing is that school had just let out and all the paper was primarily notebooks, tests, reports, and homework for 5-6 different students with their names ALL over them. We took them to the police station and asked that they reach out to the parents and ask them to make their kids clean it up and that we didn't want to press charges. Got it straight to our face that the police couldn't do anything about it because there was no proof that it was the students who actually did it. Pretty much piss poor lazy police work if you ask me.....I imagine if it were a murder case they would treat that litter a little differently but trespassing and vandalism gets a pass I guess.

 

[catscratch]

We have a family property that is located near a subdivision....the property has a pond and is a constant problem with trespassing, primarily high school kids drinking beer and trashing the place with litter, cans, etc.

Anyways.....last year we were out there and it was a disaster. There was food wrappers, dip cans, and TONS of paper everywhere. Funny thing is that school had just let out and all the paper was primarily notebooks, tests, reports, and homework for 5-6 different students with their names ALL over them. We took them to the police station and asked that they reach out to the parents and ask them to make their kids clean it up and that we didn't want to press charges. Got it straight to our face that the police couldn't do anything about it because there was no proof that it was the students who actually did it. Pretty much piss poor lazy police work if you ask me.....I imagine if it were a murder case they would treat that litter a little differently but trespassing and vandalism gets a pass I guess.

That sucks. I've actually seen the opposite happen; I've watched LEO go through trash in a ditch just to find a letter with a name and address on it so that they could track them down personally and make them clean it up.

 

[Jeff H]

We have a family property that is located near a subdivision....the property has a pond and is a constant problem with trespassing, primarily high school kids drinking beer and trashing the place with litter, cans, etc.

Anyways.....last year we were out there and it was a disaster. There was food wrappers, dip cans, and TONS of paper everywhere. Funny thing is that school had just let out and all the paper was primarily notebooks, tests, reports, and homework for 5-6 different students with their names ALL over them. We took them to the police station and asked that they reach out to the parents and ask them to make their kids clean it up and that we didn't want to press charges. Got it straight to our face that the police couldn't do anything about it because there was no proof that it was the students who actually did it. Pretty much piss poor lazy police work if you ask me.....I imagine if it were a murder case they would treat that litter a little differently but trespassing and vandalism gets a pass I guess.

Might be time to set up an E-fence. That's something I'm considering.

 

[swat1018]

Not glamorous, but I was diging through a pile of crap at work today. Old Tv's, pizza boxes, a vacuum cleaner, when I opened a shoe box, it was full of old Christmas cards with the envelopes all addressed to the same lady. I tracked her down and she eventually admitted that her grandsons dumped it because she said she didn't have enough trash cans. The landowner victim asked that she not be prosecuted once he heard who the suspect was, he knew them. They promised to have it cleaned up by morning. Honestly, from where I stand, there are more times I do the work to get property cleaned up or trespassers identified and the land owner says, "I'll prosecute next time."

 

[Bowhunter]

We have a family property that is located near a subdivision....the property has a pond and is a constant problem with trespassing, primarily high school kids drinking beer and trashing the place with litter, cans, etc.

Anyways.....last year we were out there and it was a disaster. There was food wrappers, dip cans, and TONS of paper everywhere. Funny thing is that school had just let out and all the paper was primarily notebooks, tests, reports, and homework for 5-6 different students with their names ALL over them. We took them to the police station and asked that they reach out to the parents and ask them to make their kids clean it up and that we didn't want to press charges. Got it straight to our face that the police couldn't do anything about it because there was no proof that it was the students who actually did it. Pretty much piss poor lazy police work if you ask me.....I imagine if it were a murder case they would treat that litter a little differently but trespassing and vandalism gets a pass I guess.

I had a similar incident with different results;

A few years ago I had a local kid that would haul ass up and down the road on his way to school. I was noticing how that after he went up the road, there would be trash along the road. One day after picking up the trash I noticed there was mail with his name and address on it. I called the State Troopers and had them stop out and take a look at the evidence. The trooper went right down to his house, then he brought him up to where he found his trash he threw out and made him pick everything up along the road. Then the Trooper told him that he would drive by once a week and that he better not see any trash along the road. Wouldn't you know it, I don't have to pick up trash along the road anymore. Good to see that the LEO's are still helping the little man out.

 

[TreeDaddy]

i,personally, have always held law enforcement,troopers,and game wardens in the highest regard

Texas lawmen rule

bill