AJ023
join:2001-12-25
Forest Hills, NY
| Picking up flyiers is not illegal
If someone put a UPS package on the front doorstep and someone stole it, that would be theft. Stealing someones newspaper, that would be theft.
As for a flyer, Im not sure how the law works since it wasn't something that the owner had requested to put there.
In my MDU, we have had RCN and Time Warner flyers. I keep throwing out the flyers and wish they would stop sending them in the mailboxes all the time. If I wanted a flyer I could just pick one up out of the stack of thousands that noone touches. |
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dispatcher21
join:2004-01-22
united state | Just put a sign up in your yard stating that people passing out flyers will be shot on sight. It will stop. |
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fiberguy
My views are my own.
Premium
join:2005-05-20
| reply to AJ023
a "No Soliciting" sign solves that problem. However, living in an MDU, you don't have the authority to claim that status as you do in a single family.
But, as you state, "taking a flyer is not illegal" please back that statement. Taking something that was NOT intended for you personaly MAY not be theft, but it's certainly tresspassing.  |
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dispatcher21
join:2004-01-22
united state | I dont know if it would be trespassing. To trespass, you have to have criminal intent. Since most people on here think that taking the flyer is not stealing, there is no criminal intent. |
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braynes
Premium
join:2005-03-14
Waterville, ME
 ·Great Works Internet
 ·RoadRunner Cable
·Verizon Online DSL
| reply to fiberguy
Re: Picking up flyer's is not illegal
I don't know if it would be trespassing. To trespass, you have to have criminal intent.
Did you fall out of bed this morning and Hit you head?
Yes it is at least in the state of Maine,please tell us where you are getting this "theory".
Bruce |
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dispatcher21
join:2004-01-22
united state
| Here in Washington state, and most states, unless the property is posted or the person has been criminally trespassed in the past a person can come onto your property until asked to leave. Example: you are riding a horse through someones propperty. Yes they can call the cops to ask you to leave but no charges can be brought on since a)the property is not posted b)you were never trespassed from the property before c)you had no criminal intent. The property ownwer has the option of criminally trespassing you when the officer makes contact but otherwise there is nothing the officer can do except ask the person to leave. For most, not all but most criminal matters, criminal intent has to proven or there is no case. No "theory", its called criminal law, look into it. |
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fiberguy
My views are my own.
Premium
join:2005-05-20
| reply to dispatcher21
To trespass, you simply have to enter on private property where it is posted no trespassing. Further, if you enter onto someone's property and TAKE something that is ON that property... think about it!  |
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fiberguy
My views are my own.
Premium
join:2005-05-20
| reply to dispatcher21
when you entered on to that property, did you take something that was obviously not yours? You are correct that no one would care about a flyer in the legal system, however, if you are talking the definition of trespassing or theft, one of these two is going to apply.
You do not have the right to enter onto someone's property and take ANYTHING that doesn't belong to you. Plain and simple. Look it up! |
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braynes
Premium
join:2005-03-14
Waterville, ME | reply to dispatcher21
My ex lives it WA. and if in fact you are wright then I would Move.
Again you have NO right to be on someone's property,nor can you steal anything.I got to say I am very glade you are not my Neighbour.
Bruce |
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dispatcher21
join:2004-01-22
united state
| I agree, people dont have the right to be on other peoples property but they can unless its posted or are asked to leave. Just cause you dont have the right to do something doesnt mean that it cant be done until asked to stop. If the flyer was left on the property but drifted away from the door onto the yard and someone walking by took it for trash and removed it, is it theft? No, there was no criminal intent of theft, thier intent was to remove garbage from the yard and throw it away. The intent of the action has everything to do if the act is criminal or not. If they removed the item with the intent of defauding you of some service or for thier own gain, then yes, it is theft, due to the intent of action. |
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