Pond Boss Forums GENERAL QUESTIONS Pond Boss Down... but not out

Jeff,

Sorry I didn't see this sooner... And sorry to hear about this! These things really tick me off and I have been in your shoes before. No fun! You did the right thing by not lashing out on the guy. That would have gotten you charged and him with the high ground. However, a nice 30-30 round to the head might be good medicine for this guy! Being a police officer, let me give you the best advice I can.

First, I would report the incident to the local law enforcement agency that covers your property. Most likely a sheriff's department that covers what ever county your land is in. Even if you don't have proof that you owned the things that were stolen, nor serial numbers you still want to report the burglary. Not all law enforcement agencies are as service oriented as the one I work for, but if they're anything close to how mine operates, you will get a positive response. Keep in mind, many burglaries occur where there is no proof of the claimed property being stolen was actually stolen. Yours is no different and that shouldn't be a problem. If it is, at least you got the deputy or officer out there and as others have already said, allowed your neighbor to see law enforcement presence. If it was me taking the report, I'd be knocking on your neighbor's door to do a canvass and interview of him as a possible suspect shortly after I was done taking the report. If this guy is a big enough dummy to show you photos of the bass he stole from you and admit to ripping down your fencing, he may just say incriminating things to the deputy or police officers. Criminals are often pretty damn dumb...

Second, while the deputy or officer is out there taking the burglary report, you can also ask for their advice based on the laws of California and the code of what ever county your land is in. In order to prosecute for trespassing, most states require land to be posted a specific way. I would ask the deputy or officer what that way is and then you know what you need to do to get your land posted properly so that you can successfully prosecute this turd or any other jerk who is trespassing. My experience with different states shows that the laws can be very different about what is considered properly posted land. Most states have different forms of trespassing. Here in Virginia there are several types. The penalties are much less severe for unposted land and fairly severe for land that is posted(correctly).

If you just don't want to be bothered with reporting the burglary and subsequent theft, I would at least make contact with your local law enforcement agency and obtain advice from them for properly posting your land and what "proof" they feel would be necessary to make an arrest for trespassing. You may also be able to issue what we call a "trespass letter". Where I work, the process of going about doing this is fairly simple. You write up a letter with your turd neighbor's name and info in it. You then send this letter to him via certified mail and in that letter you tell him he is not welcome on your property and that he will be prosecuted for trespass if found on your land. When he signs for said letter, the post office will then give you a receipt giving you proof your turd neighbor received it. You then keep a copy of the letter and receipt for your records and deliver a copy of the trespass letter and the receipt of delivery to your local law enforcement agency for their records. Absolute best way to prove he knew he was not welcome and makes conviction much easier... I'd check with your local law enforcement agency first though to make sure of their policies regarding this.

One last thing to keep in mind is that most states do not allow warrantless arrests of misdemeanor crimes not committed in an officer's presence to be made. This basically means that unless the law enforcement officer actually observes the trespassing taking place, they cannot make an arrest. You would have to go obtain a warrant and then the officer could make the arrest with said warrant. Look into how California does this. Here in Virginia you'd have to go in front of a magistrate(special judge) and swear to the facts of the case to prove probable cause exists that your neighbor or someone else trespassed on your land. If the magistrate finds probable cause exists, he issues the warrant. Then you notify the local law enforcement agency of the warrant, then watch as your turd neighbor gets served said warrant and then prepare for the circus we call the American judicial system.

Read up on the trespassing laws and procedures. Most law enforcement officers want to help out people like you. Explain your situation to one and hope you get a good guy. Most cops are, but sometimes you get a slug or one who is burned out and they don't give their full effort. Being a absentee land owner can be a trick in a balancing act and getting into a giant peeing matching with your neighbor can lead to major heartache. There is only so much law enforcement can do. Stay positive and work with them and hope the laws of California work for the victim and not the criminal.

I hope some of this info helps you prepare for war with this turd and any other jerk who wants to trespass on your land and abuse your hard work improving it and your pond. Feel free to PM me if you have any other questions...

Travis

PS Don't hold your breath of dusting for finger prints or any of that television BS you see. Fingerprints are very hard to lift... Throw in the scene of the burglary is fairly old, probably exposed to weather and with few surfaces that give up good prints, the odds are low. CSI has made my job a nightmare... All these citizens see this made up crap and think it can be done. Some of it can, but that is for murders and violent crimes. The amount of man power it requires is not going to be expended for a simple property crime. Just the realities of the world.