If a trail cam is taken from public property, is it considered theft?

rob86jeep

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Just a random question to spur conversation (or a legal question if anybody knows the answer), if a trail camera is left on public property and it is taken, can they be charged with theft or would it be considered abandoned?
 
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rob86jeep

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what about the unsolicited use of images on the net of people taken by trail cams that were on public land?
trail cams are funny things
Good point. I think it definitely wrong to take a trail cam that doesn't belong to you, but am curious as to the legal point of view. I know abandoned property can be taken/searched/seized with out legal ramifications, so I was wondering if trail cameras fit that description as well.
 

cmahoney

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Yes, the issue would be proving the intent to permanently deprive someone else of their property, based on the circumstances.


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jspradley

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what about the unsolicited use of images on the net of people taken by trail cams that were on public land?
trail cams are funny things

I would assume that would be like street photography, you are in a public place and have no reasonable expectation of privacy so it's fair game. Might be different if you were dropping a deuce and got caught on a trail cam but I'm not sure how that works.
 
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Just a random question to spur conversation (or a legal question if anybody knows the answer), if a trail camera is left on public property and it is taken, can they be charged with theft or would it be considered abandoned?

Let's put this in perspective. What if someone took a tent, backpack, sleeping bag, cooler, essentially everything "left" in a camp on public land while the owner decided to sleep in a hotel that night because it got colder than they anticipated? Such a simple question, with a very straight forward answer.
 
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I know of at least one case where a couple of asshats were successfully prosecuted for stealing a cam on public land. But i like wheres bruce's idea better. Severe beatings are in order for thieves.
 

5MilesBack

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This year I was helping a buddy and we checked a couple cams he had out while we were hunting. We get to one of them and we see that the lens is bashed in. I was thinking....."well, you should have some good pics of that bull before he put a tine through it". He opens it up and the batteries are all jumbled around and he pulls the card to check it. It was wiped clean except for two pictures he took at home. Dirtbags! They check it for themselves and then don't want him seeing what he had on it, as well as ruining the camera. That's when you really want another cam hidden watching the first cam. There weren't many people in that area, it would have been easy to figure out who it was with some pics.
 
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Firsthand experience with this. Depends on the type of public land. Federal vs state can have different regs. Federal vs Federal can have different regs (wildlife refuge vs BLM for example). If a trail cam is left on National Forest lands longer than 16 days it can technically be considered abandoned property. Let’s say it’s left longer than 16 days and someone else takes it. The owner finds out who and files a report of theft, he/she will have to answer for how long it was out for to federal law enforcement (FS leo in this instance since it is federal jurisdiction). The owner was told he could prosecute for theft, but if he did he would be cited for violating abandoned property code. Although it ultimately comes down to what the county prosecutor would decide to pursue. In this instance, the prosecutor said he wouldn’t pursue recourse against the guy who took it, nor would he against the guy who left it. The prosecutor for the county 3 miles to the east of where this happened would pursue recourse against the guy who took it, even though the federal regulations clearly define what is abandoned property. Clear as mud?! Bottom line, if you follow the regs for how long you can keep the camera out, you’ll be in the right. If you don’t and it gets taken, you had it coming.

Edit note: for forest service lands, same thing goes for tree stands, tents, and all the other crap I find out in the woods all the time. And, gear caches are a no-go for any amount of time. They will be confiscated on the spot.
 
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Firsthand experience with this. Depends on the type of public land. Federal vs state can have different regs. Federal vs Federal can have different regs (wildlife refuge vs BLM for example). If a trail cam is left on National Forest lands longer than 16 days it can technically be considered abandoned property. Let’s say it’s let ft longer than 16 days and someone else takes it. The owner finds out who and files a report of theft, he/she will have to answer for how long it was out for to federal law enforcement (FS leo in this instance since it is federal jurisdiction). The owner was told he could prosecute for theft, but if he did he would be cited for violating abandoned property code. Although it ultimately comes down to what the county prosecutor would decide to pursue. In this instance, the prosecutor said he wouldn’t pursue recourse against the guy who took it, nor would he against the guy who left it. The prosecutor for the county 3 miles to the east of where this happened would pursue recourse against the guy who took it, even though the federal regulations clearly define what is abandoned property. Clear as mud?! Bottom line, if you follow the regs for how long you can keep the camera out, you’ll be in the right. If you don’t and it gets taken, you had it coming.
Really? If it gets taken you had it coming? Regs about how long it can be there aside, if uts not yours and you take it, its stealing, youre a thief. Go pound sand.
 
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Really? If it gets taken you had it coming? Regs about how long it can be there aside, if uts not yours and you take it, its stealing, youre a thief. Go pound sand.

I don’t take them, so that doesn’t apply to me. I’d say if you have the time to put it out, you made the commitment to follow the rules and should have the time to check and move as needed and required. Public lands are our lands, not your lands. Treat them and the other users of them with respect. I certainly don’t condone taking them, but would you have the same opinion if it was confiscated by law enforcement?
 

Medusa7MM

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Exactly....buddy and I ran into this exact same situation. We bought a smaller camera and hung it 20 feet up in nearby tree. Semi covered it with some vines and pointed it down at our regularly positioned camera.
Long story short, we got several pics of the puke messing with our camera. We had some good bucks in the area and I guess he didn’t want us knowing about them. He would Delete the pics of the big bucks and leave everything else( clever lil guy wasn’t he🙄).
Anyway we called him and asked him to meet us at the farm. Naturally he lied and had no idea what we were talking about! So finally I pulled out the 30 color photos of him that I had printed off from our sky camera. Hilarious thing was he was wearing a distinct t shirt in some of the pics. He happened to be wearing the same shirt when I produced the pictures to him!
Let’s just say no one has seen this guy around for years now!
 

5MilesBack

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I certainly don’t condone taking them, but would you have the same opinion if it was confiscated by law enforcement?

I would expect it to be returned to the owner if it was taken by law enforcement. Just like a camp that has been set up all archery season, and you come back one night to find it all gone........just because someone thought they'd take advantage of some 16 day rule. I don't think so.
 

87TT

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Let's put this in perspective. What if someone took a tent, backpack, sleeping bag, cooler, essentially everything "left" in a camp on public land while the owner decided to sleep in a hotel that night because it got colder than they anticipated? Such a simple question, with a very straight forward answer.
Or truck or atv
 

87TT

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I don’t take them, so that doesn’t apply to me. I’d say if you have the time to put it out, you made the commitment to follow the rules and should have the time to check and move as needed and required. Public lands are our lands, not your lands. Treat them and the other users of them with respect. I certainly don’t condone taking them, but would you have the same opinion if it was confiscated by law enforcement?
Absolutely!
 
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