What would you do???

[scubohuntr]

In most states, if you leave a treestand on public land someone else is free to use it, but not to take it. I don't use either treestands or trail cameras because of the theft problem.

One of the most basic tenets of law in this country is the concept of innocent until proven guilty. Although poaching is probably the most likely explanation, it's not the only one. Could be research, or just someone trying to get pictures in the off season and thinking it's okay because they are not hunting. Taking someone's property without consent or due process of law is theft, no two ways about it. A sworn law enforcement officer can confiscate property as evidence in an investigation, but the property must be returned at the conclusion of the investigation unless it is ordered forfeited by a court. The process is subject to stringent chain of custody rules, in order to prove that all is done within the law. By removing the camera from the site outside of any chain of custody, you have made it impossible for the authorities to prosecute the case, even if they have the time and resources to do so.

 

[noharleyyet]

Prolly just a Texan on vacation...

 

[rwc101]

A.

I don't know Idaho law, but in Utah a couple of wack jobs were charged for stealing treestands and cameras off public land. I don't believe anything left on public lands is considered abandoned.

 

[Hilljackoutlaw]

By removing the camera from the site outside of any chain of custody, you have made it impossible for the authorities to prosecute the case, even if they have the time and resources to do so.

The possible would be case has nothing to do with the camera. It has to do with the pounds of corn on the ground. It's not illegal to hang a camera on a tree last time I checked.

 

[Hilljackoutlaw]

A.

I don't know Idaho law, but in Utah a couple of wack jobs were charged for stealing treestands and cameras off public land. I don't believe anything left on public lands is considered abandoned.

I'm just quoting what fish and game tells me all 4 times I reported. I keep reporting to hopefully get a different response. But no luck.

 

[Hilljackoutlaw]

Prolly just a Texan on vacation...

I said those exact words to my dog when I saw the corn....lol

 

[noharleyyet]

I said those exact words to my dog when I saw the corn....lol

.... watching you take it from his phone or computer. It's the new standard for lazy gimmicry.

 

[BucksnDucks]

Call game and fish, don't do anything else. Taking the camera was a mistake IMO but I won't lose any sleep over it. Should've left it alone so the individual wouldn't be the wiser that someone is on to him. Unless he is oblivious and goes to game and fish because someone swipped his camera, hilarity would ensue. Have you gone to game and fish yet? Curious on how it plays out.

This. Not a real big but leaving the area intact and reporting the violation is the best approach if the Warden in the area does his job. If possible pull card, erase pic of yourself, and copy pic of perp if exists. Pretty easy to catch guy if he is not spooked.

 

[NR_Hunter]

Man whatever I did, whether I took the cam or left it there, I probably wouldn’t blast it on the Internet.

 

[TheJason]

Absolutely should have left the camera where it was and then reported it.

Good luck.

 

[Hilljackoutlaw]

So just left from talking fish and game officer. It is illegal to put bait out of any kind in that area. He said they are gonna send a guy up there today. I gave them exact coordinates. I asked whether I should of left the camera or grabbed it. He said either way it doesn't matter to them they are concerned with the baiting part. He did say he would be concerned if it possibly was someone just trying to get animal pictures and is unaware of the law and if they seen me taking the camera down a conflict could occur, but all in all he said I did what I should of done. They will keep me posted on the situation.

 

[Hilljackoutlaw]

I should of waited until the investigation was thru to post about this, but it's to late for that now.

 

[VikingsGuy]

I can’t speak specifically to Indiana law, but in general in the US, taking property left by another person is considering, “theft by finding”. You may only take “found” property if it is either unambiguously and intentionally abandoned with no expectation to return for it, or upon a reasonable attempt to find it’s owner and return it. Giving it to appropriate authorities/officials/land owner is also typically ok, so by giving to the game wardens it is most likely not theft in this instance - but I agree with others on this thread and the game warden - best not to provoke a dispute with an armed stranger over this - just turn in the tip.

 

[Jape]

I can’t speak specifically to Indiana law, but in general in the US, taking property left by another person is considering, “theft by finding”. You may only take “found” property if it is either unambiguously and intentionally abandoned with no expectation to return for it, or upon a reasonable attempt to find it’s owner and return it. Giving it to appropriate authorities/officials/land owner is also typically ok, so by giving to the game wardens it is most likely not theft in this instance - but I agree with others on this thread and the game warden - best not to provoke a dispute with an armed stranger over this - just turn in the tip.

Bingo. My quick peruse of the caselaw suggests a fairly high standard to prove abandonment, as the Utah case referred to above shows (although admittedly those wack jobs took those items for a very different reason). As an attorney, I am always extra careful about how things can be perceived, so I would have left the camera regardless of whether G&F is responsive or not, although I understand the frustration.

 

[88man]

should have took the corn that is what was illegal

 

[WyoDoug]

Went up the mountain today to scout a little and hang cameras. And I walked up on about 100lbs of corn on the ground and a camera on a tree. It's illegal to feed/bait animals in this area (bears included)

Would you:
A. Call fish and game
B. Setup another camera for a trap
C. Take the camera and leave a note saying be happy the camera is all you will lose and I should turn you in so you lose your license to
D. All the above

This guy didnt work to hard to put this corn somewhere secluded. I parked my truck and walked less than 200 yards out the same trail i always walk and there it was. He is either really damn stupid or unaware that what he is doing is illegal.
(If this is someone on the forum I have your ghetto camera)

I would report it on the G&F poaching hotline. The will confiscate the camera and there is potential reward for reporting it that way.

 

[Rzrbck918]

Id turn the camera off and report it. Im definitely more interested in them trying to catch the offender.

 

[ShortAction]

It didn't turn out that way, but it was possible that F&G put it there to collect data. I have reported blatantly illegal activity on two occasions. No follow up on one for sure an none that I am aware of on the other. Also, I have called with specific questions (unrelated to any crime) a few times. I get transferred to someone's desk who isn't there. I leave a message. I've not once gotten a call back. Under staffed? Also, it's disheartening, but not surprising, to hear of all the theft of stands and cameras.

 

[madtom]

Also could have been a state or university research project that had acquired the permits to bait for a specific reason. Wasn't the case in this instance, but not uncommon and something to think about before you start tampering.

 

[Tradewind]

Lots of ways to go with this. Certainly would have reported it
I always look for a camera watching the first camera..

You could have:
A) mooned the camera.
B) moved it to another location nearby
C) turned it in the wrong direction or pointed it towards the sky
d)borrowed the batteries, or dislodged them enuf
E) put duct tape over the lense with a note about how illegal he is being
F) left a copy of regs taped to the camera.
or, my favorite...
G) left a note telling them you posted another camera nearby, watching him and his illegal activities, but put nothing up