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Re: POACHERS left behind some gear
[Re: jawbone]
#4061820
01/15/24 03:35 PM
01/15/24 03:35 PM
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Joined: Apr 2012
Posts: 6,885
Tuscaloosa
Booger
Picker
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Picker
Joined: Apr 2012
Posts: 6,885
Tuscaloosa
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Lots of laws are just plain common sense. The problem is that many either lack common sense or just don’t use it.
About the most true statement ever on Aldeer. I think about the best way to handle the tree stand left behind is to leave a note on the tree that if they want the stand back to contact the GW. Then let the GW know you have it. Since I imagine their evidence locker is not convenient to most GWs and stands are big and bulky, they will likely be fine with you holding it. I doubt the poacher is going to call to get it back. What tree stand? 😁
GO NOLES!!!!!!!!!!!!!!!!!!
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Re: POACHERS left behind some gear
[Re: jawbone]
#4061840
01/15/24 04:04 PM
01/15/24 04:04 PM
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Joined: Apr 2013
Posts: 4,620
Alabama
Rmart30
10 point
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10 point
Joined: Apr 2013
Posts: 4,620
Alabama
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Lots of laws are just plain common sense. The problem is that many either lack common sense or just don’t use it.
About the most true statement ever on Aldeer. I think about the best way to handle the tree stand left behind is to leave a note on the tree that if they want the stand back to contact the GW. Then let the GW know you have it. Since I imagine their evidence locker is not convenient to most GWs and stands are big and bulky, they will likely be fine with you holding it. I doubt the poacher is going to call to get it back. We always notify warden and sheriff dept when we find poachers property on us. No one has ever reported it and asked for it back. We would have left these if we had found them and let the warden catch him if he had not seen us and ran. We knew then hed probably never hunt it again and come pull it out. We found one 2 yrs ago behind a guys house on us. Warden came out to set up cell cam on it and the guy was sitting in the blind. He was convicted.
Ethical behavior is doing the right thing when no one else is watching - even when doing the wrong thing is legal. Aldo Leopold .. (except when it comes to trailer tags)
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Re: POACHERS left behind some gear
[Re: jawbone]
#4061888
01/15/24 04:54 PM
01/15/24 04:54 PM
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Joined: Jan 2014
Posts: 1,455
Somewhere between Jennings and...
Huntn2feed5
8 point
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8 point
Joined: Jan 2014
Posts: 1,455
Somewhere between Jennings and...
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I didn’t even think about them being stolen. I’ll check with the gw and sheriff to see if any have been reported. Good move. Keep in mind that there are crimes in Alabama for Possession of Lost Property and for Receiving Stolen Property. On the Receiving charge not knowing it is stolen is not a defense by statute but often it is considered by LE and the prosecution. Other than a police report what data base would stolen/lost binoculars go in? I don’t know one LE officer that would even ask.. They were lost on his property by a poacher. I definitely would not post them on Facebook, every swinging D from 30 miles would be claiming them..I agree with hanging a camera he will be back.
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Re: POACHERS left behind some gear
[Re: Lonster]
#4061896
01/15/24 04:58 PM
01/15/24 04:58 PM
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Joined: Jan 2014
Posts: 1,455
Somewhere between Jennings and...
Huntn2feed5
8 point
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8 point
Joined: Jan 2014
Posts: 1,455
Somewhere between Jennings and...
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I didn’t even think about them being stolen. I’ll check with the gw and sheriff to see if any have been reported. Good move. Keep in mind that there are crimes in Alabama for Possession of Lost Property and for Receiving Stolen Property. On the Receiving charge not knowing it is stolen is not a defense by statute but often it is considered by LE and the prosecution. If he takes them to law enforcement, reports the situation, can they check fingerprints? Will they confiscate them? Fingerprints? What’s that? I have NEVER had a case where prints were taken from anything. That’s stuff you see on T.V. Here in the real world, in rural Alabama, I’m not sure that the officers are trained to do so or even have the equipment to do it. And an evidence tech isn’t wasting time on processing stolen binoculars
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Re: POACHERS left behind some gear
[Re: Lonster]
#4061909
01/15/24 05:18 PM
01/15/24 05:18 PM
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Joined: Aug 2018
Posts: 5,217
Georgia and Missouri
Semo
12 point
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12 point
Joined: Aug 2018
Posts: 5,217
Georgia and Missouri
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Sounds like you are stealing if you take a poachers treestand from your own property? That's pretty messed up. Well, if you wake up in the morning and there’s a strange vehicle parked in your drive and nobody is around, can you just start driving the vehicle and expect to not be charged? Lots of laws are just plain common sense. The problem is that many either lack common sense or just don’t use it. So you find a treestand on your property. The first thing you know is that it’s NOT YOUR STAND. Contact law enforcement and let them do their job. Don’t take the law into your own hands and create a problem for yourself. I get it, folks get mad when they discover that someone has been trespassing on their property BUT this doesn’t give them the right to break the law themselves. I’m a property owner, I’ve dealt with poachers and it’s not fun but it comes with owning property. That is a pile of bull doo doo.
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Re: POACHERS left behind some gear
[Re: Lonster]
#4061915
01/15/24 05:26 PM
01/15/24 05:26 PM
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Joined: Nov 2010
Posts: 24,832
Buc-ee’s Beach Express
leroycnbucks
Freak of Nature
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Freak of Nature
Joined: Nov 2010
Posts: 24,832
Buc-ee’s Beach Express
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Sounds like you are stealing if you take a poachers treestand from your own property? That's pretty messed up. Well, if you wake up in the morning and there’s a strange vehicle parked in your drive and nobody is around, can you just start driving the vehicle and expect to not be charged? Lots of laws are just plain common sense. The problem is that many either lack common sense or just don’t use it. So you find a treestand on your property. The first thing you know is that it’s NOT YOUR STAND. Contact law enforcement and let them do their job. Don’t take the law into your own hands and create a problem for yourself. I get it, folks get mad when they discover that someone has been trespassing on their property BUT this doesn’t give them the right to break the law themselves. I’m a property owner, I’ve dealt with poachers and it’s not fun but it comes with owning property. If the strangers vehicle that was left in my driveway was vandalized and the wheels stolen. Can the stranger hold me liable since he left it on my private property. Or is he SOL?
Proud Army and ALNG veteran
God Bless America!
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Re: POACHERS left behind some gear
[Re: Lonster]
#4061985
01/15/24 06:48 PM
01/15/24 06:48 PM
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Joined: Mar 2013
Posts: 172
Alabama
RandanAL
3 point
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3 point
Joined: Mar 2013
Posts: 172
Alabama
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Sounds like you are stealing if you take a poachers treestand from your own property? That's pretty messed up. Well, if you wake up in the morning and there’s a strange vehicle parked in your drive and nobody is around, can you just start driving the vehicle and expect to not be charged? Lots of laws are just plain common sense. The problem is that many either lack common sense or just don’t use it. So you find a treestand on your property. The first thing you know is that it’s NOT YOUR STAND. Contact law enforcement and let them do their job. Don’t take the law into your own hands and create a problem for yourself. I get it, folks get mad when they discover that someone has been trespassing on their property BUT this doesn’t give them the right to break the law themselves. I’m a property owner, I’ve dealt with poachers and it’s not fun but it comes with owning property. Since I'm sure people take treestands down on their land all the time, do you have any examples of case law where someone was prosecuted for taking down a poacher's treestand?
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Re: POACHERS left behind some gear
[Re: Huntn2feed5]
#4061996
01/15/24 07:01 PM
01/15/24 07:01 PM
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Joined: Jan 2001
Posts: 25,778
Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 25,778
Fayetteville TN Via Selma
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I didn’t even think about them being stolen. I’ll check with the gw and sheriff to see if any have been reported. Good move. Keep in mind that there are crimes in Alabama for Possession of Lost Property and for Receiving Stolen Property. On the Receiving charge not knowing it is stolen is not a defense by statute but often it is considered by LE and the prosecution. Other than a police report what data base would stolen/lost binoculars go in? I don’t know one LE officer that would even ask.. They were lost on his property by a poacher. I definitely would not post them on Facebook, every swinging D from 30 miles would be claiming them..I agree with hanging a camera he will be back. If the property would be entered into NCIC (National Crime Information Center), the national database if there is a serial number that it could be entered by. If any LEO anywhere in the US runs that serial number it will come back as a hit.
Lord, please help us get our nation straightened out.
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Re: POACHERS left behind some gear
[Re: oilfld]
#4062147
01/15/24 09:16 PM
01/15/24 09:16 PM
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Joined: Jul 2005
Posts: 19,088
Chelsea, AL
straycat
Old Mossy Horns
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Old Mossy Horns
Joined: Jul 2005
Posts: 19,088
Chelsea, AL
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Follow up on the Theft of Lost Property statute....I like learning new stuff so I appreciate the knowledgeable replies so far 👍🏻
Per 13A-8-6
"A person commits the crime of theft of lost property if he actively obtains or exerts control over the property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or the amount of the property, and with intent to deprive the owner permanently of it, he fails to take reasonable measures to discover and notify the owner."
Is there a list of "approved" or court tested reasonable measures to discover and notify the owner and/or duration of such process, for items found on your owned real property...not found somewhere else like that bracelet.
Sign on your property?
Classified legal ad?
Call friends or people who you knew have been on your property?
I ask because it's good to be educated. I know there is a process for abandoned titled vehicles. Any similar process for personal property?
Last edited by straycat; 01/15/24 09:18 PM.
"The grass withers, the flower fades, But the word of our God stands forever." Isaiah 40:8
"Neither the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt.� Samuel Adams
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Re: POACHERS left behind some gear
[Re: straycat]
#4062166
01/15/24 09:35 PM
01/15/24 09:35 PM
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Joined: Jan 2001
Posts: 25,778
Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 25,778
Fayetteville TN Via Selma
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Follow up on the Theft of Lost Property statute....I like learning new stuff so I appreciate the knowledgeable replies so far 👍🏻
Per 13A-8-6
"A person commits the crime of theft of lost property if he actively obtains or exerts control over the property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or as to the nature or the amount of the property, and with intent to deprive the owner permanently of it, he fails to take reasonable measures to discover and notify the owner."
Is there a list of "approved" or court tested reasonable measures to discover and notify the owner and/or duration of such process, for items found on your owned real property...not found somewhere else like that bracelet.
Sign on your property?
Classified legal ad?
Call friends or people who you knew have been on your property?
I ask because it's good to be educated. I know there is a process for abandoned titled vehicles. Any similar process for personal property?
You will have to go to a legal library and learn how to research Case Law for that answer. I imagine there are about as many decisions as there have been cases prosecuted since the term "reasonable" comes up in legal phrasing all the time and yet it is still a subjective term.
Lord, please help us get our nation straightened out.
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Re: POACHERS left behind some gear
[Re: oilfld]
#4062203
01/15/24 10:19 PM
01/15/24 10:19 PM
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Joined: Feb 2008
Posts: 15,671
Montgomery
bamaeyedoc
Old Mossy Horns
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Old Mossy Horns
Joined: Feb 2008
Posts: 15,671
Montgomery
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If you can afford a 3k set of binos, looks like u could afford a place to hunt. Leaning toward stolen. Maybe find out who it was that way.
AKA: “Dr. B”
Aldeer #121
8-3-2000
Proud alum of AUM, UAB, and UA
Member of Team 10 Point
2023-2024 ALdeer Deer Contest Winners
Glennis Jerome "Jerry" Harris
1938-2017
UGA Class of 1960
BS/MS Forestry
LTJG, USNR
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Re: POACHERS left behind some gear
[Re: RidgeRanger]
#4062232
01/15/24 11:01 PM
01/15/24 11:01 PM
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Joined: Jan 2001
Posts: 25,778
Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 25,778
Fayetteville TN Via Selma
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LE likely doesn't care if the poacher gets his property back and the poacher likely isn't going to file a claim saying you took them since he was trespassing/poaching on your property. The guy may well come back looking for them though. If you're really worried about it, get a deputy out and file a report that you found them abandoned on your land. I personally wouldn't call a game warden unless I knew the guy because you have some recourse if the deputy wants to take the property back with him. If that happened and the owner didn't claim them in a reasonable time, you could go to the sheriff (elected) and probably get them back. Make sure you get a copy of the incident report. Ask that the model and serial number of the unit be listed in the report. A receipt would be even better.
If the SO confiscates them then they will be auctioned off if not claimed. I don't know of any law that allows them to be given back to the finder. Like I said earlier, a GW is the least likely to take them in as evidence and he would be more interested in looking into who the poacher is, but what do I know?
Lord, please help us get our nation straightened out.
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would you take 500 for em?... 
