ArboristSite.com Sponsors
 
 


Got me a wood thief

Discussion in 'Firewood, Heating and Wood Burning Equipment' started by Polish hammer, Mar 5, 2019.

  1. grizz55chev

    grizz55chev Tree Freak

    Joined:
    Dec 9, 2010
    Messages:
    11,731
    Likes Received:
    22,609
    Location:
    northern calif., around auburn
    Tannerite takes a high impact to detonate.
     
    LipDawg likes this.
  2. Husky Man

    Husky Man Addicted to ArboristSite

    Joined:
    Sep 28, 2017
    Messages:
    1,901
    Likes Received:
    3,839
    Location:
    Mt Hood, Oregon

    Black Powder doesn't;) just be careful how much you load:surprised3:


    Doug :cheers:
     
    lead farmer and Duce like this.
  3. NSMaple1

    NSMaple1 Addicted to ArboristSite

    Joined:
    May 15, 2013
    Messages:
    1,951
    Likes Received:
    1,702
    Location:
    Nova Scotia
    I would be all over those sheriffs. They basically said everyone is free to steal as long as what they steal is worth less than $100. That is idiotic.

    I would really be on them if buddy still hasn't paid you.
     
    lead farmer likes this.
  4. full chizel

    full chizel ArboristSite Operative

    Joined:
    Feb 12, 2019
    Messages:
    451
    Likes Received:
    783
    Location:
    USofA
    Who put the value on the wood taken?
     
  5. Polish hammer

    Polish hammer ArboristSite Operative

    Joined:
    Oct 20, 2016
    Messages:
    173
    Likes Received:
    232
    Location:
    North east Wisconsin
    Ivan Putski was the original “Polish hammer”
    Lol.. the value of the wood was figured on what I had the price at which is $5 a piece or 5 for $20... he did pay here and there and I have it all on spread sheets like one time he paid$1 for 5 bundles another time $8 for 4 bundles $3 for 3 bundles... basically whatever he wanted once he didn’t pay any.. so when the sheriff came I gave him the guys name address and photos I had he went to his house and the thief (Francis) said “money must have fallen out of my wallet I’ll go pay him right away” and since it’s under $100 and he agreed to pay me it becomes a civil matter and the law is essentially out of it unless he comes back again which would be trespassing
     
    Duce likes this.
  6. lone wolf

    lone wolf MS 200T King

    Joined:
    Oct 5, 2009
    Messages:
    49,577
    Likes Received:
    37,624
    Location:
    Prowling The Pine Barrens
    The law is lazy!
     
    lead farmer and Dahmer like this.
  7. lone wolf

    lone wolf MS 200T King

    Joined:
    Oct 5, 2009
    Messages:
    49,577
    Likes Received:
    37,624
    Location:
    Prowling The Pine Barrens
    Spike board for all his tires I would be waiting!
     
    lead farmer likes this.
  8. lone wolf

    lone wolf MS 200T King

    Joined:
    Oct 5, 2009
    Messages:
    49,577
    Likes Received:
    37,624
    Location:
    Prowling The Pine Barrens
    And you go to jail for that?
     
    Duce likes this.
  9. Natster

    Natster ArboristSite Operative

    Joined:
    Nov 20, 2018
    Messages:
    338
    Likes Received:
    481
    Location:
    Arkansas
    Also, there are bigger forms of revenge.
    Take him a load of firewood. Tell him it came because you are following Jesus.
    I cannot explain it all, but it sets things up on a much bigger picture. Now he's indebted to God. If you want, go to YouTube, and search Otto Koning, pineapple story.
    I keep listening to it, and a little more sinks in each time. He went as a missionary to Irianjira. Dutch New Guinea. The natives stole his stuff, until he was blue in the face. When he gave all his stuff to God, he no longer got angry. As the natives continued to steal, and he truly had given his stuff to God, Now, God defended his stuff. He wound up with a thriving church, that is going on today. I'm such a beginner at this way of thinking, that it's pathetic. But, no matter. Otto is a very humble guy, that had no idea how attached he was to his stuff.
    The principal is "you will never lack in whatever you truly give to God, and don't take back". Now days, Otto has cars, pineapples, shirts, and stuff given to him, in abundance. It's painful when I consider how truly covetous I am.
    N
     
  10. grizz55chev

    grizz55chev Tree Freak

    Joined:
    Dec 9, 2010
    Messages:
    11,731
    Likes Received:
    22,609
    Location:
    northern calif., around auburn
    Maybe.
     
  11. lone wolf

    lone wolf MS 200T King

    Joined:
    Oct 5, 2009
    Messages:
    49,577
    Likes Received:
    37,624
    Location:
    Prowling The Pine Barrens
    You don't think so after posting on the net ? When was the last time you tried ? You cant do anything they have traffic cams that can put you at a local at set times and homeowner cams that can put you on the scene. Even cams as you ride down the street that you don't see. I nailed one burglar with the help of detectives, a burglars car leaving my neighbors house with my cams! The time stamp his car that fit the description at the scene and some traffic cams with his plate put his dumb ass in jail! Best thing to do is spike boards and give the jerk flats make sure the boards are random looking not made for a specific purpose! Don't put them off your property either you may nail a Police cruiser! ;)
     
    farmer steve likes this.
  12. grizz55chev

    grizz55chev Tree Freak

    Joined:
    Dec 9, 2010
    Messages:
    11,731
    Likes Received:
    22,609
    Location:
    northern calif., around auburn
    I’d just put my Chihuahua on guard duty,you don’t want that little guy pissed at you!:eek:
     
  13. lone wolf

    lone wolf MS 200T King

    Joined:
    Oct 5, 2009
    Messages:
    49,577
    Likes Received:
    37,624
    Location:
    Prowling The Pine Barrens
    You know they are great watchdogs when you are home but the little guy will need help when your a way!
     
  14. grizz55chev

    grizz55chev Tree Freak

    Joined:
    Dec 9, 2010
    Messages:
    11,731
    Likes Received:
    22,609
    Location:
    northern calif., around auburn
    That’s why we have the other dog, they’re a good team!
     
    James Miller and farmer steve like this.
  15. grizz55chev

    grizz55chev Tree Freak

    Joined:
    Dec 9, 2010
    Messages:
    11,731
    Likes Received:
    22,609
    Location:
    northern calif., around auburn
    If the 2 dogs don’t scare you, they then have to deal with my guard cat!
     
  16. Duce

    Duce Addicted to ArboristSite

    Joined:
    Aug 29, 2013
    Messages:
    3,305
    Likes Received:
    6,728
    Location:
    Roscommon,MI
    We have a boxer and bull terrier, all he needs is a dog treat and they would help him load the wood. :yes:
     
  17. Natster

    Natster ArboristSite Operative

    Joined:
    Nov 20, 2018
    Messages:
    338
    Likes Received:
    481
    Location:
    Arkansas
    I have been attacked by a "guard cat" before!
     
  18. mikey517

    mikey517 Living the Medicare dream

    Joined:
    Dec 12, 2010
    Messages:
    423
    Likes Received:
    358
    Location:
    Highland Lakes, New Jersey

    Just an FYI and hopefully possibly clarify what the Sheriffs position was - AND I DO NOT KNOW THE LAW IN THAT STATE;

    Understanding How Value Can Impact the Degree of Theft Crime Charges
    The value of the item stolen in a theft crime has a substantial impact upon the charge. Under New Jersey law, the following values indicate the level of charge:

    • Theft of $75,000 or more: second-degree felony offense
    • Theft of more than $500 but less than $75,000: third-degree felony offense
    • Theft of more than $200 and up to $500: fourth-degree felony offense
    • Theft of less than $200: disorderly persons offense

    State of NEW JERSEY Theft Statute;

    2C:20-3. Theft by unlawful taking or disposition
    a. Movable property. A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof.

    b. Immovable property. A person is guilty of theft if he unlawfully transfers any interest in immovable property of another with purpose to benefit himself or another not entitled thereto.

    L.1978, c. 95, s. 2C:20-3, eff. Sept. 1, 1979.


    In New Jersey, unless the Disorderly Person Offense take place in the presence of the Law Enforcement Officer, he CAN NOT arrest without a warrant. The victim or reporting person can, however, sign a Complaint / Summons for the DP Theft offense at the local Court Clerks office, and, at Court, it is their responsibility to prosecute the case by presenting evidence and testimony.

    Had the value been above the threshold for a 4th degree or higher felony, the Officer can sign a Complaint / Warrant, affix the victims statement as Probable Cause, have the court authorize the Warrant, and subsequently arrest the offender.

    ...I've been retired nearly 19 years, but if I remember correctly, that's pretty close to the way a "petty" that was handled...

    Any other LEO's, please chime in....

    ****EDIT TO ADD there was NEVER a monetary restriction stopping the victim from signing the Complaint / Summons themselves.
     
    farmer steve likes this.
  19. sb47

    sb47 Addicted to ArboristSite

    Joined:
    Jun 14, 2011
    Messages:
    3,616
    Likes Received:
    4,032
    Location:
    Texas
    In many states if you shoplift something worth over 5 bucks, it's a felony. Don't call it theft, call it shop lifting and file charges, then give him the opportunity to pay or you will see him in court.
     
    lead farmer, 4seasons and mikey517 like this.
  20. mikey517

    mikey517 Living the Medicare dream

    Joined:
    Dec 12, 2010
    Messages:
    423
    Likes Received:
    358
    Location:
    Highland Lakes, New Jersey
    The Statute defines what Shoplifting is, not the victim.

    In Jersey, there is a SEPARATE Shoplifting statute which allows the arrest AND fingerprinting of the offender, and protections for the victim.

    2C:20-11 Shoplifting.
    a.Definitions. The following definitions apply to this section:

    (1)"Shopping cart" means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store;

    (2)"Store or other retail mercantile establishment" means a place where merchandise is displayed, held, stored or sold or offered to the public for sale;

    (3)"Merchandise" means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof;

    (4)"Merchant" means any owner or operator of any store or other retail mercantile establishment, or any agent, servant, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or proprietor;

    (5)"Person" means any individual or individuals, including an agent, servant or employee of a merchant where the facts of the situation so require;

    (6)"Conceal" means to conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation;

    (7)"Full retail value" means the merchant's stated or advertised price of the merchandise;

    (8)"Premises of a store or retail mercantile establishment" means and includes but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment;

    (9)"Under-ring" means to cause the cash register or other sale recording device to reflect less than the full retail value of the merchandise;

    (10) "Antishoplifting or inventory control device countermeasure" means any item or device which is designed, manufactured, modified, or altered to defeat any antishoplifting or inventory control device;

    (11) "Organized retail theft enterprise" means any association of two or more persons who engage in the conduct of or are associated for the purpose of effectuating the transfer or sale of shoplifted merchandise.

    b.Shoplifting. Shoplifting shall consist of any one or more of the following acts:

    (1)For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.

    (2)For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.

    (3)For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.

    (4)For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.

    (5)For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof.

    (6)For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.

    c.Gradation. (1) Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $75,000 or more, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is $1,000 or more.

    (2)Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than $75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $1,000.

    (3)Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200 but does not exceed $500.

    (4)Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.

    The value of the merchandise involved in a violation of this section may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether from the same person or several persons, or were committed in furtherance of or in conjunction with an organized retail theft enterprise.

    Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.

    d.Presumptions. Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.

    e.A law enforcement officer, or a special officer, or a merchant, who has probable cause for believing that a person has willfully concealed unpurchased merchandise and that he can recover the merchandise by taking the person into custody, may, for the purpose of attempting to effect recovery thereof, take the person into custody and detain him in a reasonable manner for not more than a reasonable time, and the taking into custody by a law enforcement officer or special officer or merchant shall not render such person criminally or civilly liable in any manner or to any extent whatsoever.

    Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section.

    A merchant who causes the arrest of a person for shoplifting, as provided for in this section, shall not be criminally or civilly liable in any manner or to any extent whatsoever where the merchant has probable cause for believing that the person arrested committed the offense of shoplifting.

    f.Any person who possesses or uses any antishoplifting or inventory control device countermeasure within any store or other retail mercantile establishment is guilty of a disorderly persons offense.

    Amended 1979, c.178, s.35B; 1997, c.319; 2000, c.16, s.1; 2006, c.56, s.1.

    ***EDIT TO CLARIFY*** This is a separate section of the Theft Statutes.
     

Share This Page