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Thread: Gov't cameras hidden on private property because of the Open Fields doctrine

  1. #41
    Abducted by Aliens Borderland's Avatar
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    Having worked for a gov't agency in a capacity where I needed to go on private property, I learned that it can be a health hazard.

    There were a few incidents where I told my supervisor if he thought it was that important that someone go on that property again, maybe he should go. I suggested that he make sure a deputy sheriff went with him. A deputy sheriff shot and killed a property owner, while he was on his own property, over a dispute about toxic spray. Not sure how that ended in court.
    In the P-F basket of deplorables.

  2. #42
    Quote Originally Posted by Zincwarrior View Post
    But that doesn't answer the question.

    Bob has property. Bob has a fence with no trespass signs. Bob loves wild boars. Agent Dave goes in to put up cameras. Wild boars surprise and injure Agent Dave. Can Agent Dave now sue Bob? What if instead of wild boars these are now nature's ultimate predator - a pack of ravenous wiener dogs, and Agent Dave is deaf so does hear their melodious song from a mile away?

    I feel like this could be on the state bar exam.
    If I was the property owner Bob, I’d certainly be deaf for a while.
    #RESIST

  3. #43
    Member Zincwarrior's Avatar
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    Quote Originally Posted by LittleLebowski View Post
    If I was the property owner Bob, I’d certainly be deaf for a while.
    Its helpful.

  4. #44
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    The initial quote made it sound like he was accosted for removing a camera that on his land. So, that was not the case?

    ... “Open up or we’ll kick the door down.”

    ... Hollingsworth was the target of approximately 10 federal and state wildlife officials packing pistols, shotguns and rifles. And what was Hollingsworth’s crime?...

    ... the Tennessee landowner removed a game camera secretly strapped to a tree on his private land by wildlife officials... Repeat: Hollingsworth’s residence was searched by U.S. government and state officials, dressed to the nines in assault gear, seeking to regain possession of a trail camera...
    If I find a camera on my land, I can't take possession of it?
    With liberty and justice for all...must be 18, void where prohibited, some restrictions may apply, not available in all states.

  5. #45
    Modding this sack of shit BehindBlueI's's Avatar
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    Quote Originally Posted by Bart Carter View Post
    If I find a camera on my land, I can't take possession of it?
    Take possession as in physically take it and store it? Almost certainly. Take possession as in become the actual owner? You'd have to know what's considered abandoned property in your jurisdiction. If I were to visit you and leave my cell phone in your house (accidentally or on purpose, say I left it to charge while I went elsewhere), it does not become your cell phone. I did not abandon it. After a certain length of time, if I have not attempted to retrieve it then it may become yours depending on your local laws.

    Now, there is what the law says and there's what prosecutors will actually file. "Finders keepers" is not a legal doctrine, but there's also no legal duty (here) to return found property. So if you kept my phone, I could sue you for it but a prosecutor wouldn't file on it. I would suppose at some point there might be a tipping point on value where they would feel the need to file, but maybe not.
    Sorta around sometimes for some of your shitty mod needs.

  6. #46
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    Well, I guess in order to keep my place "tidied up", I would just throw it in the trash. Mission accomplished!
    With liberty and justice for all...must be 18, void where prohibited, some restrictions may apply, not available in all states.

  7. #47
    Site Supporter hufnagel's Avatar
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    NJ 07922
    the lesson i'm taking from this is, if you find an unknown trail cam on your property, it should meet an untimely death, or at the very least you should make sure the damn thing doesn't have a SIM card in it.
    Rules to live by: 1. Eat meat, 2. Shoot guns, 3. Fire, 4. Gasoline, 5. Make juniors
    TDA: Learn it. Live it. Love it.... Read these: People Management Triggers 1, 2, 3
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  8. #48
    Quote Originally Posted by hufnagel View Post
    the lesson i'm taking from this is, if you find an unknown trail cam on your property, it should meet an untimely death, or at the very least you should make sure the damn thing doesn't have a SIM card in it.
    Sounds like a proactive use of #4 shot.
    Could have been an IED. One cannot be too careful.

  9. #49
    Abducted by Aliens Borderland's Avatar
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    Camano Island WA.
    It's their camera all right. They just informed you that they put it there and it was theirs. By law apparently they had a right to put it there.

    My question would be, how are they going to know who removed it if they can't retrieve it?

    We suspect that you removed it. Where, on earth, did you get that idea? Webcam video? Those don't have 360 coverage. Feed just went dark. Could have been just about anyone who ambushed that camera. I suspect poachers.
    In the P-F basket of deplorables.

  10. #50
    Site Supporter CleverNickname's Avatar
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    Quote Originally Posted by hufnagel View Post
    the lesson i'm taking from this is, if you find an unknown trail cam on your property, it should meet an untimely death, or at the very least you should make sure the damn thing doesn't have a SIM card in it.
    Or at least, just take a bat to it and then throw it in a dumpster far away from your residence.

    Or just troll whoever put it there and place a cardboard box or something over the front, and then keep replacing it whenever someone inevitably comes to remove the box.

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