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.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
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
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?
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.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.
I certainly don’t condone taking them, but would you have the same opinion if it was confiscated by law enforcement?
Or truck or atvLet'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.
Absolutely!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?