Trespassing + theft issue

   / Trespassing + theft issue #1  

David P

Silver Member
Joined
Mar 24, 2011
Messages
212
Location
Michigan
Tractor
International Hydro 84, John Deere 4600
My wife and I are wrestling with our next course of action in the following scenario and I figured I would throw it out there for all of you and ask for some feedback as I often read great posts on this forum. Here's the situation:

We closed on a lovely piece of property last fall and have started a small blueberry operation. (We have about 350 bushes now with plans to expand to 5-7 acres in the fall). Recently my wife was returning to our barn with a couple of customers and was approached by a couple of women who had been watching them from a distance for about 15 minutes as they were picking. One of the ladies was friendly, the other was a bit more gruff.

The initial conversation began with an inquiry of what my wife was doing there. It continued and included topics of blueberry prices (ours are evidently too high as Costco is cheaper), why we are doing this (college funds for our daughters), if they could sample our berries ("not THESE berries as these ladies just picked them... reply: Well, they haven't paid for them yet so they're not theirs" and how to know when we are there (we do not live on the property). My wife gave her one of our business cards which indicate that picking is done by appointment only.

My wife left this conversation with a pretty good opinion of one of the women (and later took her a free sample of the berries) and a very sour opinion of the other. She felt that she was rude and arrogant with a balsy, in-your-face personality.

The question about how to know when we are there raised my wife's antenna and since I needed evidence of deer for an out-of-season kill permit for the DNR anyway, I proceeded to set up a trail camera at the only entrance to the area of the property containing the blueberries. Within a week of the conversation I had video footage showing one of these ladies entering the blueberry section with an empty bucket (unfortunately, I did NOT have any footage of her leaving).


I spoke to the State Police about the issue and they indicated that since there was no evidence of her leaving w/the berries they were unable to do anything. I immediately followed up this meeting by placing a No Trespassing sign at the entrance to the blueberry acreage. I also purchased another trail camera and mounted it about 15 feet up in a tree.

I should also mention that the blueberries are surrounded by an electric fence (about 3 ft high) which has been doing a nice job of keeping the deer out (that's another topic). Anyway, within a week of putting this camera up I had evidence of this woman again entering the blueberry acreage, this time with her husband. The pictures show them trying to figure out a way inside the fence, crawling under it, picking berries and leaving with their stolen goods.

I believe this is the third time she has taken berries but have no proof of the first time as the camera was not up. Total value of the stolen fruit would be somewhere in the neighborhood of 15-25lbs of berries. Our You-Pick price is $1.90/lb and We-Pick is $3.50/lb.

I know the names and address of this couple, who incidently live in a very nice home ($250-300k). I am wondering how to proceed.

My first thought was to distribute a flyer to all of the locals with several pictures of them on it and requesting information leading to their successful prosecution. I believe the publicity would not only embarrass them but also serve as a deterent to others bent on doing the same.

I could also approach them after distributing the flyer asking them to either pay for the berries that were stolen (law provides for 3x actual value of goods stolen) or I would take this to the police.

I could also go to the police directly.

A combination of these options has also been discussed.

We are new property owners and have never dealt with situations such as this. Any thoughts and recommendations, especially from those who have faced similar circumstances, are very welcome.
 
   / Trespassing + theft issue #2  
Make a copy of the video and mail it to them certified mail with a letter asked them to pay and never return to your property that should take care of it but make sure you are contacting the right person that solved my corn thieves
 
   / Trespassing + theft issue #3  
Since you have the postal address for the folks, perhaps you could mail them a disk with the video and ask them if they wish to pay now or after small claims court.
 
   / Trespassing + theft issue #4  
I like the idea of the flyer distributed about the area. Do take it to the cops also. Once they are arrested and plead guilty then file suit in small claims court. Make sure you also get them put under a criminal trespass warning through the cops, that way f the return, automatic arrest for criminal trespass.
 
   / Trespassing + theft issue #5  
Make a copy of the video and mail it to them certified mail with a letter asked them to pay and never return to your property that should take care of it but make sure you are contacting the right person that solved my corn thieves

Yeah that sounds like a good idea.I know it sucks there are people out there that are like this but I think in the long run they will respect your actions and all will good in the neighborhood. Or just post the picture in the local paper(Caught on Camera):laughing:
 
   / Trespassing + theft issue #6  
Probably the reason they have the pricey house is because they take advantage of other peoples property.

There surname isn't Madoff is it??????:D

For what its worth, I'd go with your idea to send a DVD via registered mail with a letter to cease.

Good luck...
 
   / Trespassing + theft issue #7  
I would file a report with the authorities immediately. Doing otherwise may jeopardize your case if legal action is needed down the road.
 
   / Trespassing + theft issue #8  
Yeah that sounds like a good idea.I know it sucks there are people out there that are like this but I think in the long run they will respect your actions and all will good in the neighborhood. Or just post the picture in the local paper(Caught on Camera):laughing:

Respect your actions is what i was going after.Embarssment with the flyer will only make them mad possibly making problem worse and surely wont give you good face in front of a judge. Anything you do to solve a problem before court can only help your case. If they dont pay but dont come back and do it again you already won.
Just right it off and be the bigger man and hold your head up a little higher.
 
   / Trespassing + theft issue #9  
If it were me, I would follow up with the police telling them you have better and further evidence of them committing the theft. It should be a no brainer for the police. You have and identified the people for them (police). You did the work for them, let them place charges.
 
   / Trespassing + theft issue #10  
David, go to the police. These people didn't accidentally pick your berries, they deliberately stole them. You said you "spoke to the State Police about the issue and they indicated that since there was no evidence of her leaving w/the berries they were unable to do anything". That sounds to me like they will do something now that you have proof of them leaving with the berries. Tell them you want them charged and that you plan on taking them to small claims court after they are convicted. DO go after them for the 3x actual value of product stolen plus all your expenses related to suing them.

There is no way should you "suck it up" and take the loss. Anyone suggesting that ought to be ashamed of themselves for even thinking it.
 
   / Trespassing + theft issue #11  
David, go to the police. These people didn't accidentally pick your berries, they deliberately stole them. You said you "spoke to the State Police about the issue and they indicated that since there was no evidence of her leaving w/the berries they were unable to do anything". That sounds to me like they will do something now that you have proof of them leaving with the berries. Tell them you want them charged and that you plan on taking them to small claims court after they are convicted. DO go after them for the 3x actual value of product stolen plus all your expenses related to suing them.

There is no way should you "suck it up" and take the loss. Anyone suggesting that ought to be ashamed of themselves for even thinking it.

Agree 100%:thumbsup:
 
   / Trespassing + theft issue #12  
I'd suggest going to the police, showing them what you have, then asking their opinion as to whether or not you should just let them (the police) handle it, or if the video, mailed to thieves along with a letter, might be a good route.

In either case, let the police know immediately of what you now have and keep them informed of what you plan to do.
 
   / Trespassing + theft issue #13  
I suggest you weigh heavily any action and be as diplomatic as possible. Making enemies many times leads to more issues ...... They might come back in the middle of the night and spray weed / brush killer all over your plants. Then you would have to wonder if $5.00 worth of berries was worth this escalation. Just my 2 cents worth.
 
   / Trespassing + theft issue #14  
I agree with DMace, take your evidence to the police and ask them to charge the thieves. If that happens, they will be listed in the court house blotter eventually and get bad publicity, you don't need to do that and it only complicates things.

Yes, they could do you harm later, but that is a risk I would take. Same could be said of any caught thief who is looking for revenge. If you do go to court, I would ask for a permanent injunction against them entering your property, all your game camera has to do then is record them on your land whether they do anything you can prove or not, and they will be back in court.

Dave.
 
   / Trespassing + theft issue #15  
I also say go to the police. They are deliberately stealing your property. Grrr, I hate theives.,,,,,,
 
   / Trespassing + theft issue #16  
I would not send the video tape to them. This will tip your hand to them. Go talk to the State Police. You may have more trouble to follow but I do not think you should allow them to continue they likely will inform their thieving friends to the free and easy pickings and then your problem will be worse than it is now. Keep the cameras up. :thumbsup:

An alternative is to put a pic of them in the blueberry field in the mail for them only. If you post ti all over and there is no conviction they may be able to sue for slander. People like this did not get wealthy from work or ethical practices.
 
   / Trespassing + theft issue #17  
I suggest you weigh heavily any action and be as diplomatic as possible. Making enemies many times leads to more issues ...... They might come back in the middle of the night and spray weed / brush killer all over your plants. Then you would have to wonder if $5.00 worth of berries was worth this escalation. Just my 2 cents worth.

If they retaliated, that would be an act of terrorism. The only way to fight terrorism is to never be intimidated, never give in. My 2 cents.
 
   / Trespassing + theft issue #18  
Agree about tipping your hand.

The cops can let them know that "the property is under surveillance and they have been observed stealing...."

Let them wonder who and how they got caught.
 
   / Trespassing + theft issue #19  
Ask the police to write a "stop doing that" letter, as a warning. They will probably be happy to do that for you (they did something like that for me once, although it was to an anonymous-but-local email address).

Public humiliation and/or criminal charges will only make you life-long enemies. Who needs that?

- Mike
 
   / Trespassing + theft issue #20  
Where is Tony Soprano when you need him?? All that needs to be done is to take a nice leisurely walk over to their home by way of the blueberry trail. Introduce yourself and pleasantly compliment them on their beautiful home, nice car, and front yard. Ask them if they feel safe in their home, if they ever had anyone doing donuts in the front yard, etc. Leave them with one last thought: don't pick anymore blueberries without asking.. Problem solved. Lol
 

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