Probation and game cameras.

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Leadeye

    Grandmaster
    Rating - 100%
    4   0   0
    Jan 19, 2009
    36,696
    113
    .
    Ghitch's recent trouble with the ginseng thieves reminded me of a question I had based on a similar experience.

    Game camera picks up somebody like the ginseng thieves in question, good pictures and the camera location is easily checked by a visible landmark as being on private property. Would this be evidence enough of trespassing, a crime, to revoke a criminal's probation?
     

    Leadeye

    Grandmaster
    Rating - 100%
    4   0   0
    Jan 19, 2009
    36,696
    113
    .
    Learn something new every day. I had no idea that probation had variations to it involving criminal activity.
     

    Cameramonkey

    www.thechosen.tv
    Staff member
    Moderator
    Site Supporter
    Rating - 100%
    35   0   0
    May 12, 2013
    31,687
    77
    Camby area
    And frankly I'm surprised photographic evidence like that would be admissable. Seems like every time I turn around I hear "sorry, cant do jack unless the officer witnesses it firsthand. Call us and we will try to catch him in the act next time. "
     

    eldirector

    Grandmaster
    Rating - 100%
    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    And frankly I'm surprised photographic evidence like that would be admissable. Seems like every time I turn around I hear "sorry, cant do jack unless the officer witnesses it firsthand. Call us and we will try to catch him in the act next time. "
    Unless it is a government camera. In which case, the citation will be in your mail by morning.
     

    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    35,615
    149
    Valparaiso
    And frankly I'm surprised photographic evidence like that would be admissable. Seems like every time I turn around I hear "sorry, cant do jack unless the officer witnesses it firsthand. Call us and we will try to catch him in the act next time. "

    There's a difference between admissibility and whether the police or prosecutors want to prosecute. In this case, it's a little reverse from what you would think.

    Photographs from game cameras can be admissible evidence in court if there is someone there to testify where he placed the cameras and that he set the date and time correctly (a date and time stamp will be important), they accurately show the area and have not been altered..

    However, police and prosecutors won'r necessarily want to get involved without a witness and they are afforded that discretion. It's not a hard and fast legal standard. It's just what they prefer.
     
    Last edited:

    fullmetaljesus

    Probably smoking a cigar.
    Rating - 100%
    6   0   0
    Jan 12, 2012
    5,850
    149
    Indy
    There's a difference between admissibility and whether the police or prosecutors want to prosecute. In this case, it's a little reverse from what you would think.

    Photographs from game cameras can be admissible evidence in court if there is someone there to testify where he placed the cameras and that he set the date and time correctly (a date and time stamp will be important), they accurately show the area and have not been altered..

    However, police and prosecutors won'r necessarily want to get involved without a witness and they are afforded that discretion. It's not a hard and fast legal standard. It's just what they prefer.

    For my own clarification. If the prosecutors decided not to get involved then the trespasers go free with no fine,jail, etc.

    So the home owner is left with the financial hit of the theft?

    That being the case does that open up a chance for civil court to try to obtain money loss?
     

    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    35,615
    149
    Valparaiso
    For my own clarification. If the prosecutors decided not to get involved then the trespasers go free with no fine,jail, etc.

    So the home owner is left with the financial hit of the theft?

    That being the case does that open up a chance for civil court to try to obtain money loss?

    Whether criminal charges are brought has exactly "0" to do with suing someone.

    Lawsuits are a fine way to address an issue of dollars.
     

    bwframe

    Loneranger
    Site Supporter
    Rating - 100%
    93   0   0
    Feb 11, 2008
    38,170
    113
    Btown Rural
    There's a difference between admissibility and whether the police or prosecutors want to prosecute. In this case, it's a little reverse from what you would think.

    Photographs from game cameras can be admissible evidence in court if there is someone there to testify where he placed the cameras and that he set the date and time correctly (a date and time stamp will be important), they accurately show the area and have not been altered..

    However, police and prosecutors won'r necessarily want to get involved without a witness and they are afforded that discretion. It's not a hard and fast legal standard. It's just what they prefer.

    Wonder if this varies according to the area, population, etc? For example remote low population rural area vs heavier populated 'burbs and towns?
     

    Dead Duck

    Grandmaster
    Rating - 100%
    53   0   0
    Apr 1, 2011
    14,062
    113
    .
    ...and a Claymore.

    Don't forget the Claymore.
    ggq9GcR.gif
     

    Kutnupe14

    Troll Emeritus
    Rating - 0%
    0   0   0
    Jan 13, 2011
    40,294
    149
    Learn something new every day. I had no idea that probation had variations to it involving criminal activity.

    It depends on if the person knew they were committing a criminal act at the time the even occurred. Further, what was the situation that made this person come onto the property. For instance, if he kicked a soccer ball into the yard, and went to retrieve it, that kinda doesn't meet the standard.
     

    DoggyDaddy

    Grandmaster
    Site Supporter
    Rating - 100%
    73   0   1
    Aug 18, 2011
    102,066
    77
    Southside Indy
    It depends on if the person knew they were committing a criminal act at the time the even occurred. Further, what was the situation that made this person come onto the property. For instance, if he kicked a soccer ball into the yard, and went to retrieve it, that kinda doesn't meet the standard.

    This is America! Kicking a soccer ball should be a violation. Kicking a football should be excused. :)
     
    Top Bottom