ALERT : Silkie Theft

[Mystic Farms]

Quote:
Did you file a police report? If the band description is on there - fax a copy to every auction barn and swap coordinator you can think of! post the bird/ band descriptions on a seperate thread so we can keep our eyes peeled - also post descriptions of birds(pics would be great) and band on cl and local feed stores some of us can help - i would think it not impossible for birds from GA to end up in FL, NC, SC or TN!!

 

[Sonoran Silkies]

Quote:
You would probably be able to prove that they were yours, but first, someone would have to look at the band numbers and realize it, and then the obvious claim could be that they purchased the birds. Proving THAT would likely be difficult, but I think laws would favour you having the birds returned (assuming that the theft was reported at the time). And as you said, the bands can be cut off, removing that means of identification.

I have long thought that tatooing would make good identification for show or special birds.

 

[laughingdog]

how would one go about telling were a stolen bird came from (the tell tale signs of , and told right out sometimes, that a lot of birds from surrounding state and areas end up at my local auction if they are hot, and can tell some just past use when cheap and badly cared for)? i know the tell tail sign of hacked feathers that would be to deface/remove wing flip colors or patterns, and cutting/plucking to make look younger/older, and coloring. ohh also cutting combs not off but different to hide or remove tell tale descriptive features etc... am i forgetting anything?

also Pyrenees not so great guard dogs unless taught to be, as my herding dogs would routinely herd them right up with the sheep (funny they tend to try to act brave at first, then get put in place quick and run at head of herd or hiding in middle of flock), and untrained they tend to snack on smaller stock than standard size adult sheep, goats, etc, and seem to love to chase horses. they are i guess more of a great visual deterant to most. I keep a herder, a barker, and a biter. the herder gets in the way and distracts them, while the others wait watching, if they try to get past or assault the herder. then the barker comes out at them, while the biter comes around and grabs by throat, neck or spine. then they just wait and hold the person till you come back and either tell them to take or leave it.

so happy to hear about franks safe return! props for at least having decency to return him and not just ditch or "dispose" of, like most cowardly thieves would (not realizing most pet owners would rather have pets back without further hassle, than wonder if pet is ok).

 

[awesomefowl]

Wow, amazing! So happy for you!!!

 

[FireTigeris]

Quote:
You would probably be able to prove that they were yours, but first, someone would have to look at the band numbers and realize it, and then the obvious claim could be that they purchased the birds. Proving THAT would likely be difficult, but I think laws would favour you having the birds returned (assuming that the theft was reported at the time). And as you said, the bands can be cut off, removing that means of identification.

I have long thought that tatooing would make good identification for show or special birds.

to buy stolen property is illegal in most states- even if you DON'T know that its stolen.

 

[Sonoran Silkies]

Quote:
You would probably be able to prove that they were yours, but first, someone would have to look at the band numbers and realize it, and then the obvious claim could be that they purchased the birds. Proving THAT would likely be difficult, but I think laws would favour you having the birds returned (assuming that the theft was reported at the time). And as you said, the bands can be cut off, removing that means of identification.

I have long thought that tatooing would make good identification for show or special birds.

to buy stolen property is illegal in most states- even if you DON'T know that its stolen.

I'm not sure that you are quite accurate. Yes, it is very definitely illegal to knowingly purchase stolen property, but purchasing property that you have no way of knowing was stolen is not a crime. In most cases the law will uphold the property being returned to the rightful owner, but I have heard of cases where the purchaser was allowed to keep the property.

 

[FireTigeris]

Quote:
to buy stolen property is illegal in most states- even if you DON'T know that its stolen.

I'm not sure that you are quite accurate. Yes, it is very definitely illegal to knowingly purchase stolen property, but purchasing property that you have no way of knowing was stolen is not a crime. In most cases the law will uphold the property being returned to the rightful owner, but I have heard of cases where the purchaser was allowed to keep the property.

would depend on the jurisdiction and the judge- all I know is here its much safer to do transactions that leave written records to protect myself... then I can point to jimmy the fence and say, see i bought this from Jimmy, he said he wanted to buy a new iphone and didn't want this one anymore...

I've never heard that Bob's item/animal gets stolen, the thief fences it off, and Sally buys the item/animal and gets to keep it even though it was stolen from Bob.

The issue is if anyone will believe you didn't know the item/animal was stolen (see examples below) some places they have a very wide view of what a person 'should know'

RECEIVING STOLEN PROPERTY
Stolen Goods • Charge of Possession • Arrest
Florida Law • Penalties

<snip>

BUYING, ACQUIRING, POSSESSING or CONCEALING
stolen property in Florida is a CRIME.

The crime of receiving stolen property occurs when a person buys or possesses property that has been stolen through theft, fraud, deceit, embezzlement, or taken by any other unlawful means by someone else.

The receiver of stolen property could be arrested or convicted if he or she knew the goods were stolen at the moment of receipt and was intending to aid the thief. Here are some examples:

* A person buys a luxury watch from a street vendor at a surprisingly low price
* A person suddenly acquires an expensive TV, car and/or other high-priced items without having the financial means to do so
* A person gives his or her garage for storing unlawfully acquired items
* A person receives a copy of an unlawfully acquired private or unpublished document, transcript, deed, or other form of intellectual property

Florida Law
Based upon to Florida Penal Code Section 496, conviction can apply to “Every person who buys or receives any property that has been stolen, knowing the property to be so stolen or receiveed…” or if a person “conceals, sells, withholds, or assists to conceal, sell, or withhold any property from the owner.”

Based on the value of the property in question and the discretion of the district attorney, this crime could be charged as a misdemeanor or a felony in Florida (also known as a “wobbler.”)

Penalties for Receiving Stolen Property
A typical misdemeanor conviction, for property valued at under $400, is punishable by paying a fine and/or spending up to one year in county prison depending on how the judge classifies this punishment "in the interests of justice." The penalty for a misdemeanor conviction can also be increased if the defendant has any past theft convictions.

A felony conviction for receiving stolen property or aiding a thief could result in being sent to state prison or county prison for up to 1 year. The prison term is based on the severity of the crime: the value of the stolen property and the defendant’s past criminal record.

How to Avoid Criminal Charges
If in fact you’re charged with possessing stolen property, a prosecutor must prove beyond reasonable doubt you knew the property you received was stolen and/or you intended to aid the thief by buying or holding the stolen property. A defense that can be used on your behalf is that the possession was the result of an honest mijeapordy in the belief that the property was not stolen. There exists defenses to this crime that an experienced attorney can discuss with you.

Based on the value of the property and other conditions, it is possible to avoid conviction, fines and/or prison completely. Your attorney can be the greatest single factor in determining the outcome of your conviction.

So you're right but then again, you can be arrested anyway for having the property- then you have to get a lawyer or whatever because they -won't- believe you w/o a paper trail.​

 

[SunshineSilkies]

Sandy,
I am sooo thrilled you got Frank back! With all that is going on in your life, this is like a ray of sunshine!!! I agree with Judy not to glorify the perpetrator, but thank goodness they brought him back. Had to be someone that "lurks" around BYC and saw all of our posts. One thing that I have found out since I got into this hobby.................. when we "PEEPS" band together...WATCH OUT!!!!!!

So glad your story had a happy ending...brought chills....


Vickie

 

[schellie69]

I wonder could you get your birds micro-chipped or tattooed those would be harder to remove then bands. once again glad that Frank is home.

 

[jenesis536]

I am glad that you got Frank back. I'll say a prayer for your hubby, and I'm really sorry about your other birds.

What kind of bothered me a little while reading through all of these last pages, is are you alone out there? Are you safe? I'm not sure you want to get rid of your dogs if they are going to do some barking for you if strangers come around. I would be a little concerned about people in the area who who zip tie chickens feet together or leave live animals in garbage bags on your property, and who would steal from you. I don't want to scare you or anything, but you really need to protect yourself.

Set up several motion lights, and think of a game plan in the event you need to protect yourself. What if you had gone out there and came up on the thief by accident?