What to do???


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So after detecting some private ground I have written permission to hunt, I found out there has been a group out there. The group has been in and out during the night, while the owners leave for weekend trips or to town, and have taken a lot off gold off of patented mine ground. We have them on game cams, however nobody wants to see the video. What the hell do we do?

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Hey Whitewater,

   Maybe showing the owner of the property the video's and have him take it up with the "poachers/high-graders" and let them know the next time they are caught the video(s) will be taken to the nearest law enforcement. 

Maybe the "poachers" watch the forums and will see that they have been caught on camera! 

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There is three of them on here and one is very well known. I don't want to put names out on here but yes the authorities have knowledge of them. The usfs and our fish and wildlife officers have pictures and vehicle descriptions. I actually bought a detector from one of them a while back.

  A lot of hard work goes into finding and gaining the trust of land owners. We try to be strait and honest and share all we find and our experiences with the owners. When this gets infringed on we don't take it lightly. After all these people who trust us have become good friends in a joint venture to better our life's and theirs.  It's like trespassers want to ruin guys like us without consequences.  Thanks for the input. I will be watching for what others do in their areas. 

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wait too long and gold will be gone.

you don't say whether the landowner knows what is going on?

If so, why not have the landowner send a registered letter to each(you know who they are) and state they do not have permission to be on his property and they will be prosecuted for trespassing if caught on video surveillance again. (make sure that video is mentioned)

Just say "I'm going to do that".   One of them is probably going to read the thread anyway.  Maybe you will do it, maybe you won't?

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Is this in Arizona?

If so what the violators are committing is "Criminal Trespass" in the First Degree, IF they have been verbally warned or the proper signage are in place, the law is clear on this, they have to be warned first.

http://dmcantor.com/crimes-against-property/trespass/

http://www.azleg.state.az.us/ars/13/01504.htm

Have the violators been warned verbally?

OR

Are there "No Trespassing" signs posted?

https://www.signs.com/blog/state-by-state-guide-to-no-trespassing-laws-signage/#arizona

Arizona

Arizona state laws for trespassing, under AS 13-1502, detail that it is considered trespassing when informed or requested by a land owner, an authorized representative or law enforcement. It is also considered trespassing if “reasonable notice prohibiting entry” has been posted. Definitions of trespassing can be found here in section 13-1501.

no trespassing red generic

violators will be prosecuted black and white

 

 From my understanding of the law, trespassing on private property is not enforced by the USFS nor Fish and Game, the USFS only has authorty on Federal Forest land, Fish and Game on State Land, this matter should be enforced by the local Sheriff/Police, has the local Sheriff/Police been brought in on this matter?

 Also the owners of the private property or their agent may have to press charges before the Sheriff/Police will take any action, are the property owners willing to do this(?), if not it's a lost cause IMO!

 

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IF it is in California,  I hope this helps you, (a little bit lengthy, but worth it)...

(487d ,  I believe, applies)...

 

_

 

CALIFORNIA PENAL CODE  -  “THEFT”; “GRAND THEFT”

 

TITLE 13.  OF CRIMES AGAINST PROPERTY

 

CHAPTER 5.  LARCENY       SEC. 484-502.9

 

SECTION 486.

 

  Theft is divided into two degrees, the first of which is

 

  termed grand theft; the second, petty theft.

 

SECTION 487.  Grand theft is theft committed in any

 

  of the following cases:

 

  (a) When the money, labor, or real or personal property taken
  is of a value exceeding nine hundred fifty dollars ($950),
  except as provided in subdivision (b).

 

  (b) Notwithstanding subdivision (a), grand theft is committed
  in any of the following cases:

 

  3(c) When the property is taken from the person of another

 

 

Section 487d – Grand Theft; gold dust, amalgam, or quicksilver

 

487d.  Every person who feloniously steals, takes, and carries
  away, or attempts to take, steal, and carry from any
  mining claim, tunnel, sluice, undercurrent, riffle box, or
  sulfurate machine, another's gold dust, amalgam, or
  quicksilver is guilty of grand theft and is punishable by
  imprisonment pursuant to subdivision (h) of Section 1170.

 

Section 1170. (h) (1) Except as provided in paragraph (3),
  a felony punishable pursuant to this subdivision where the
  term is not specified in the underlying offense shall be
  punishable by a term of imprisonment in a county jail for
  16 months, or two or three years.

 

  Fine authorized in addition to prescribed imprisonment,
  see SEC. 672.

 

SECTION 672.  Upon a conviction for any crime punishable by
  imprisonment in any jail or prison, in relation to which
  no fine is herein prescribed, the court may impose a fine
  on the offender not exceeding one thousand dollars ($1,000)
  in cases of misdemeanors or ten thousand dollars ($10,000) in
  cases of felonies, in addition to the imprisonment prescribed.



Greg

 


 

 

_

 

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Yes that does help. It is in Northern California. And is north of Sacramento and south of Redding. I think we have it in the bag now. I spent today with a fish and wildlife officer looking at what was done and faces on film. He lives right next door to the area I hunt. Thank you or the post Greg. That will clear some things up for me and give clear grounds for  court. 

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Hello Whitebutler, late yesterday I arrived back home from four days gone.  Was attending a memorial service for a relative in San Jose, Ca.

Missed all the craziness(political), we were across town.  Found this, your last post, just now.

You are quite welcome, I truly hope it helps!

 

Greg

 

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This  is serious business.  It is best for law enforcement to handle it.

In a way I'm jealous.  I have never prospected anywhere that was so good that someone actually wanted to "jump my claim."  I mean unless someone has a fetish for sub-gram nuggets.  Then just follow me to Gold Basin.  You can hunt all day in the 107 degree heat and if you get lucky you might find one.

Just be careful and sensible and don't do anything that would put yourself in trouble with the law in the process of trying to catch these midnight marauders.

Doc

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I've seen some people on youtube post night hunts, any association? If you know who they are, have you messaged them privately and warned them to not tresspass?

Dave

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Im sorry to here about your new good detecting area that has been ransacked.  I have had the same thing done to some of my great permission places. there is a few around that are disrespectful and sneek in to these places. ive had some great places in the past where I attain permission and the owner said that no one has ever been allowed to detect there before. I was really excited to go there only to find out that some had slipped in without permission and took most of the gold. There is one guy around that is famous for this in a couple different counties anyway. its too bad these days the laws dont punish them enough to scare most of them. best of luck with your situation. 

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You previously mentioned that this person is well known and that you had bought a detector off him.  Obviously he or 'they' are on a nugget patch and have possibly found some gold...especially if they have returned several times.  Being "well known" has a price and that price is Integrity  You or the land owner can contact him/them and request that the gold that they have found be returned to the land owner and there will be no law involved and/or public announcement w/game cam. photos/video.  If they don't comply just post the dirty rats on all forums.  Let this "well known" person(s) be known for what they really are when the sun goes down.

I hunt alone just to avoid the 'trust' issue. . .

Just my 2 cents. . . I hate thieves(.)

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