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Is this legal?
#1
I took my game cam down and suprise there was a pi w a videocam but then bigger suprise a second pi behind him w/ a pistol drawn in the air?I know the agency they are woking for is out of erie but am not sure of wich agency . They where hired by ****edited by admin*** law firm out of butler.Is this legal for them to sit in my back yard w/ a gun drawn?what extreme are they going to go to???The property they are on is even posted.I already went for an IME and my first trial was cancelled.Has anyone had an experience like this?What are they going to do next???
 
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#2
I know what i would do. I would bring your cam to the police station and show them your little movie thats for sure. Press charges.
bighead Wrote:I took my game cam down and suprise there was a pi w a videocam but then bigger suprise a second pi behind him w/ a pistol drawn in the air?I know the agency they are woking for is out of erie but am not sure of wich agency . They where hired by steffish and laferty law firm out of butler.Is this legal for them to sit in my back yard w/ a gun drawn?what extreme are they going to go to???The property they are on is even posted.I already went for an IME and my first trial was cancelled.Has anyone had an experience like this?What are they going to do next???
WORKERS' COMPENSATION NEITHER WORKS NOR COMPENSATES!!!
 
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#3
AS bad boy would say call the cops and say either they were watching kids or tresspassing ..
and keep that cam for the future .
 
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#4
tweety00 Wrote:AS bad boy would say call the cops and say either they were watching kids or tresspassing ..
and keep that cam for the future .

Already did that cops said they will not interfear becuase I am under investigation.the cops called ****edited by admin*** law firm and ask them ,they told them I called the police to "stir the pot" so the police do not take anything here serious
 
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#5
tony47 Wrote:I know what i would do. I would bring your cam to the police station and show them your little movie thats for sure. Press charges.
bighead Wrote:I took my game cam down and suprise there was a pi w a videocam but then bigger suprise a second pi behind him w/ a pistol drawn in the air?I know the agency they are woking for is out of erie but am not sure of wich agency . They where hired by ****edited by admin*** law firm out of butler.Is this legal for them to sit in my back yard w/ a gun drawn?what extreme are they going to go to???The property they are on is even posted.I already went for an IME and my first trial was cancelled.Has anyone had an experience like this?What are they going to do next???
Its a still cam and I cant prove who it is becuase they have their face camoed but I am going to put up a surveillance camara where they are sitting then I will have them on video and the cops will take it seriuos see they where called by my neighbor and interviewed me when all this started and they said I am under investigation and they called ****edited by admin*** .The law firm told them I called them trying to "stir" the pot.So now the cops think it is a game and the investigators think they can do what ever they want.I just cannot not believe they would go to that extreme and also have 2 small childrenthat is the biggest concern.i don't know if they are scared sitting there but this is the country and it is hunting season so there is alot of gunfire around here so if they are that uncomfortable then they dont need to be there.I also thought about a safty zone sign.but i dont think that they care.
 
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#6
WHAT i can't believe that. Are you telling me a man with a hand gun drawn on your property without your permission is legal ? Something sounds very fishy here What state are you in ? if the local police are not taking that seriously i would go to the state police. The IC use every legal means necessary to harass the injured worker we should use every legal means necessary to turn the tables on them
WORKERS' COMPENSATION NEITHER WORKS NOR COMPENSATES!!!
 
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#7
Contact the State Police Immediately, show them Your Evidence, and if they were on Your Posted Property, tell them You want them Arrested, and Charged for Brandishing a Weapon on Your Property!! I don't Care what the Local Police have to say, and whether You are under Investigation or not, Tresspassing and threatening with a Weapon is not Legal under Any Circumstances!!! I sure Hope You can get something Done about this, and Good Luck!!Wink
 
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#8
Bighead:
here is the citation for deffiant trespass in PA:
CRIMES AND OFFENSES (TITLE 18)
CHAPTER 35 BURGLARY AND OTHER CRIMINAL INTRUSION

§ 3501. Definitions.
§ 3502. Burglary.
§ 3503. Criminal trespass.
§ 3503. Criminal trespass.
(a) Buildings and occupied structures.--

A person commits an offense if, knowing that he is not licensed or privileged to do so, he:
enters, gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof; or
breaks into any building or occupied structure or separately secured or occupied portion thereof.
An offense under paragraph (1)(I) is a felony of the third degree, and an offense under paragraph (1)(ii) is a felony of the second degree.
As used in this subsection:
"Breaks into"
To gain entry by force, breaking, intimidation, unauthorized opening of locks, or through an opening not designed for human access.

(b) Defiant trespasser.--

A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
actual communication to the actor;
posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;
fencing or other enclosure manifestly designed to exclude intruders;
notices posted in a manner prescribed by law or reasonably likely to come to the person's attention at each entrance of school grounds that visitors are prohibited without authorization from a designated school, center or program official; or
an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer.
Except as provided in paragraph (1)(v), an offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. An offense under paragraph (1)(v) constitutes a misdemeanor of the first degree. Otherwise it is a summary offense.

(b.1) Simple trespasser.--

A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place for the purpose of:
threatening or terrorizing the owner or occupant of the premises;
starting or causing to be started any fire upon the premises; or
defacing or damaging the premises.
An offense under this subsection constitutes a summary offense.

(b.2) Agricultural trespasser.--

A person commits an offense if knowing that he is not licensed or privileged to do so he:
enters or remains on any agricultural or other open lands when such lands are posted in a manner prescribed by law or reasonably likely to come to the person's attention or are fenced or enclosed in a manner manifestly designed to exclude trespassers or to confine domestic animals; or
enters or remains on any agricultural or other open lands and defies an order not to enter or to leave that has been personally communicated to him by the owner of the lands or other authorized person.

An offense under this subsection shall be graded as follows:
An offense under paragraph (1)(i) constitutes a misdemeanor of the third degree and is punishable by imprisonment for a term of not more than one year and a fine of not less than $250.
An offense under paragaraph (1)(ii) constitutes a misdemeanor of the second degree and is punishable by imprisonment for a term of not more than two years and a fine of not less than $500 nor more than $5,000.

For the purposes of this subsection, the phrase "agricultural or other open lands" shall mean any land on which agricultural activity or farming as defined in section 3309 (relating to agricultural vandalism) is conducted or any land populated by forest trees of any size and capable of producing timber or other wood products or any other land in an agricultural security area as defined in the act of June 30, 1981 (P.L. 128, No. 43), known as the Agricultural Area Security Law, or any area zoned for agricultural use.

© Defenses.- It is a defense to prosecution under this section that:

a building or occupied structure involved in an offense under subsection (a) of this section was abandoned;
the premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or
the actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain.

(d) Definition.--As used in this section, the term "school grounds" means any building of or grounds of any elementary or secondary publicly funded educational institution, any elementary or secondary private school licensed by the Department of Education, any elementary or secondary parochial school, any certified day-care center or any licensed preschool program.

Now you said this was a 'game camera'. The 2nd guy may have had the gun drawn because the camera's activation suprised them or some other sound- if they're not used to being in the woods they may have thought they were about to be in close contact w/a bear. However, if your property is posted properly, and sinec ethey are 'private agents', not a law enforcement agency per se, you may be able to sign a complaint against them for trespass yourself. I would check with an attorney.
DH had posterior spinal decompresion, Bi-Lateral laminectomy L3-S1, Excision of L4-5 on L/side. 2/07
 
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#9
tony47 Wrote:WHAT i can't believe that. Are you telling me a man with a hand gun drawn on your property without your permission is legal ? Something sounds very fishy here What state are you in ? if the local police are not taking that seriously i would go to the state police. The IC use every legal means necessary to harass the injured worker we should use every legal means necessary to turn the tables on them

bighead Wrote:
tweety00 Wrote:AS bad boy would say call the cops and say either they were watching kids or tresspassing ..
and keep that cam for the future .

Already did that cops said they will not interfear becuase I am under investigation.the cops called laferty law firm and ask them ,they told them I called the police to "stir the pot" so the police do not take anything here serious
I talked to the state police about this issue, they are not happy about the pi's using intimidation taktics but said unfortunatly there was nothing they could do becuase I cant identify their faces but they did tell me I should go about filing a civil suite against the defense firm.they said the gun wasnt used in a threatening manner.
 
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#10
DH's better half Wrote:Bighead:
here is the citation for deffiant trespass in PA:
CRIMES AND OFFENSES (TITLE 18)
CHAPTER 35 BURGLARY AND OTHER CRIMINAL INTRUSION

§ 3501. Definitions.
§ 3502. Burglary.
§ 3503. Criminal trespass.
§ 3503. Criminal trespass.
(a) Buildings and occupied structures.--

A person commits an offense if, knowing that he is not licensed or privileged to do so, he:
enters, gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof; or
breaks into any building or occupied structure or separately secured or occupied portion thereof.
An offense under paragraph (1)(I) is a felony of the third degree, and an offense under paragraph (1)(ii) is a felony of the second degree.
As used in this subsection:
"Breaks into"
To gain entry by force, breaking, intimidation, unauthorized opening of locks, or through an opening not designed for human access.

(b) Defiant trespasser.--

A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
actual communication to the actor;
posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;
fencing or other enclosure manifestly designed to exclude intruders;
notices posted in a manner prescribed by law or reasonably likely to come to the person's attention at each entrance of school grounds that visitors are prohibited without authorization from a designated school, center or program official; or
an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer.
Except as provided in paragraph (1)(v), an offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. An offense under paragraph (1)(v) constitutes a misdemeanor of the first degree. Otherwise it is a summary offense.

(b.1) Simple trespasser.--

A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place for the purpose of:
threatening or terrorizing the owner or occupant of the premises;
starting or causing to be started any fire upon the premises; or
defacing or damaging the premises.
An offense under this subsection constitutes a summary offense.

(b.2) Agricultural trespasser.--

A person commits an offense if knowing that he is not licensed or privileged to do so he:
enters or remains on any agricultural or other open lands when such lands are posted in a manner prescribed by law or reasonably likely to come to the person's attention or are fenced or enclosed in a manner manifestly designed to exclude trespassers or to confine domestic animals; or
enters or remains on any agricultural or other open lands and defies an order not to enter or to leave that has been personally communicated to him by the owner of the lands or other authorized person.

An offense under this subsection shall be graded as follows:
An offense under paragraph (1)(i) constitutes a misdemeanor of the third degree and is punishable by imprisonment for a term of not more than one year and a fine of not less than $250.
An offense under paragaraph (1)(ii) constitutes a misdemeanor of the second degree and is punishable by imprisonment for a term of not more than two years and a fine of not less than $500 nor more than $5,000.

For the purposes of this subsection, the phrase "agricultural or other open lands" shall mean any land on which agricultural activity or farming as defined in section 3309 (relating to agricultural vandalism) is conducted or any land populated by forest trees of any size and capable of producing timber or other wood products or any other land in an agricultural security area as defined in the act of June 30, 1981 (P.L. 128, No. 43), known as the Agricultural Area Security Law, or any area zoned for agricultural use.

© Defenses.- It is a defense to prosecution under this section that:

a building or occupied structure involved in an offense under subsection (a) of this section was abandoned;
the premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or
the actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain.

(d) Definition.--As used in this section, the term "school grounds" means any building of or grounds of any elementary or secondary publicly funded educational institution, any elementary or secondary private school licensed by the Department of Education, any elementary or secondary parochial school, any certified day-care center or any licensed preschool program.

Now you said this was a 'game camera'. The 2nd guy may have had the gun drawn because the camera's activation suprised them or some other sound- if they're not used to being in the woods they may have thought they were about to be in close contact w/a bear. However, if your property is posted properly, and sinec ethey are 'private agents', not a law enforcement agency per se, you may be able to sign a complaint against them for trespass yourself. I would check with an attorney.
I think this is more of an intimidation thing becuase I have numerous pictures of them in the woods at the same spot and they know the game cam is there I think they are trying to put on a show.They cannot steal my game came becuase the home security cam hits it. They just stay oput of sight of that.I take all of their pics and post them on the net.show them to the world .I consider it free advertising for the agency that has the pi's that get caught.
 
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