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Shop: Original Sensible Seeds Autoflowering Cannabis Seeds, Bulk Cannabis Seeds   Unfolding Nature Unfolding Nature: Being in the Implicate Order

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Re: So some asshole just stole all my weed [Re: Psychonautica]
    #21679385 -

I'm not saying he shouldn't do it because it's breaking the law, I'm saying it because that is a red flag charge for employment. An assault charge isn't necessarily that bad. It's also a lot more likely you'll get charged and convicted for the B&E if caught than the assault. People get in fights all the time and police get involved, but a lot of times there are no criminal charges. Pretty much anytime someone gets caught in a B&E they're charged.


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With my face against the floor I can’t see who knocked me out of the way.
I don’t want to get back up but I have to so it might as well be today.
Nothing appeals to me no one feels like me, I’m too busy being calm to disappear.
I’m in no shape to be alone contrary to the shit that you might hear.


You can't wake up, this is not a dream. You're part of a machine, you are not a human being
With your face all made up, living on a screen. Low on self esteem, so you run on gasoline

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Re: So some asshole just stole all my weed [Re: Psychonautica]
    #21679387 -

Its still B&E even if you don't break anything, AFAIK.


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"Freedom Isn't Free" is only half correct. True freedom doesn't exist in the society we exist in. What the saying really means is "The Illusion of Freedom Isn't Free"

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Re: So some asshole just stole all my weed [Re: Shroomslip]
    #21679405 -

I agree.. shouldnt do it.  There are worse things than someone stealing your weed, like turning you into the cops.  It comes with the territory, deal with drug addicts and things (especially drugs) come up missing.  Write it off as a loss.  Thats the price you pay with the lifestyle.


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When telling the truth becomes an act of treason, and society chooses delusion and deception over fundamental reality, you've been invaded and infiltrated by other beings that have now integrated into your country and community.  Bless our reptile overlords who control, harvest, and eat us.

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Re: So some asshole just stole all my weed [Re: TopPmz]
    #21679411 -

Quote:
In all these cases the person has not shown any intent to commit a crime beyond trespass and therefore cannot be convicted of B&E. However, he has never been banned from the property either and therefore cannot be convicted of statutory trespass.


I did a quick google, but It seems OP would be legit, BUT It also depends on local and state laws and shit, B&E is:

Quote:
Breaking and Entering offenses, locally known as burglary (any degree), unlawful entry with intent to commit a larceny or felony, breaking and entering with intent to commit a larceny, house-breaking, safecracking, and all attempts at these offenses as burglary.


Technically, he has no intentions of any of that right?

And if they're friends, and if he doesn't have no trespassing signs he couldn't be charged with trespassing unless the Thief asks him to leave?

I'm not sure, you definitely SHOULDN'T do it though, I don't know shit about the law, I only spent like 3 minutes on google

Quote:
An actual breach of the peace is fairly easy to establish; it's "an act of violence or an act likely to produce violence."


Well nevermind, they could argue that OP broke in, to fuck the thief up, and now he's catching a charge.


--------------------
The chances of you even being born, Were forty million to one. There's two parts of the statistic And I want you to live through one
3/8/95 - 7/10/15 Rest In Paradise, Brother.
Sheekle said:
yeah, i said i was afraid of psychonautica

Edited by Psychonautica (05/14/15 03:56 PM)

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Re: So some asshole just stole all my weed [Re: Psychonautica]
    #21679438 -

It'd be unlawful entry, which is worse than just trespassing. Idk what the charge would be exactly, but I'm sure it'd be more than trespassing.


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"Freedom Isn't Free" is only half correct. True freedom doesn't exist in the society we exist in. What the saying really means is "The Illusion of Freedom Isn't Free"

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Re: So some asshole just stole all my weed [Re: TopPmz]
    #21679453 -

Quote:
Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


I still don't know, going in to get your shit back isn't contrary to good order and discipline, though :shrug:

I'm sure you're right, and it would be illegal in some form or another, but I don't think it would be too hard for a lawyer to find a loop hole in this situation.

I think they'd just laugh the case out of a court room. "You stole his weed, and you went and stole your weed back? Get the fuck out of my courtroom you hippy stoners"


--------------------
The chances of you even being born, Were forty million to one. There's two parts of the statistic And I want you to live through one
3/8/95 - 7/10/15 Rest In Paradise, Brother.
Sheekle said:
yeah, i said i was afraid of psychonautica

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Re: So some asshole just stole all my weed [Re: TopPmz]
    #21679464 -

TopPmz said:
It'd be unlawful entry, which is worse than just trespassing. Idk what the charge would be exactly, but I'm sure it'd be more than trespassing.


It's called burglary in most states. Breaking and entering differs in that a structure may be entered but that's the only crime to be committed, since a theft occurred it's burglary.

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Re: So some asshole just stole all my weed [Re: Psychonautica]
    #21679472 -

Quote:
I think they'd just laugh the case out of a court room. "You stole his weed, and you went and stole your weed back? Get the fuck out of my courtroom you hippy stoners"


no way its happening like that :lol:


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Re: So some asshole just stole all my weed [Re: Psychonautica]
    #21679475 -

Psychonautica said:
Shroomslip said:
I wouldn't do that. Unfortunately the cops aren't going to care if you broke in to recover your own property. A B&E charge is not a good thing to have on your record.

:thumbup: for kicking the shit out of him though.

He say anything else? Like your birthday present is in the mail?:lol: Maybe he ordered it from Amazon or something. Get a tracking number.


He's either breaking the law with assault, or breaking the law with a breaking and entering, and technically, as long as he doesn't break anything on his way in, and doesn't steal anything, it'd just be trespassing.

Taking back what's his is hardly stealing. I'm not a lawyer though, but I'd imagine that if he went in through an open window or something it's no longer a B&E and he's just trespassing. :shrug:


No just entering is B&e. Breaking stuff would make it a burglary. Both are felonies. Criminal trespassing is when you are on the propert or were allowed in a structure but refuse to leave.

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Re: So some asshole just stole all my weed [Re: D.M.T]
    #21679487 -

No? Read the legal definition. It's not breaking and entering without intent to commit a felony, or steal. It'd be something else. Unless you're a lawyer? In which case my bad.
Quote:
Third-degree burglary is defined as breaking and entering into a dwelling with intent to commit a crime. Simple breaking and entering into a dwelling or storehouse without specific intent to commit an additional crime is fourth-degree burglary.


So it's fourth degree burglary at best.


--------------------
The chances of you even being born, Were forty million to one. There's two parts of the statistic And I want you to live through one
3/8/95 - 7/10/15 Rest In Paradise, Brother.
Sheekle said:
yeah, i said i was afraid of psychonautica

Edited by Psychonautica (05/14/15 04:14 PM)

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Re: So some asshole just stole all my weed [Re: D.M.T]
    #21679491 -

D.M.T said:
Psychonautica said:
Shroomslip said:
I wouldn't do that. Unfortunately the cops aren't going to care if you broke in to recover your own property. A B&E charge is not a good thing to have on your record.

:thumbup: for kicking the shit out of him though.

He say anything else? Like your birthday present is in the mail?:lol: Maybe he ordered it from Amazon or something. Get a tracking number.


He's either breaking the law with assault, or breaking the law with a breaking and entering, and technically, as long as he doesn't break anything on his way in, and doesn't steal anything, it'd just be trespassing.

Taking back what's his is hardly stealing. I'm not a lawyer though, but I'd imagine that if he went in through an open window or something it's no longer a B&E and he's just trespassing. :shrug:


No just entering is B&e. Breaking stuff would make it a burglary. Both are felonies. Criminal trespassing is when you are on the propert or were allowed in a structure but refuse to leave.


That's what I thought.


--------------------
"Freedom Isn't Free" is only half correct. True freedom doesn't exist in the society we exist in. What the saying really means is "The Illusion of Freedom Isn't Free"

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Re: So some asshole just stole all my weed [Re: TopPmz]
    #21679497 -

Good job OP


Justice prevails

:greatjob:


--------------------
Shroomery Law:  Don't piss off the leftist mods & their friends! :banhamster:

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Re: So some asshole just stole all my weed [Re: TopPmz]
    #21679505 -

He's wrong though, read the definition I just added in the edit, that's the legal definition.

It's fourth degree burglary.. It doesn't become burglary when you steal or break something. You can evidently still get charged with burglary, without stealing, and without the intent to steal, it's just fourth degree.


--------------------
The chances of you even being born, Were forty million to one. There's two parts of the statistic And I want you to live through one
3/8/95 - 7/10/15 Rest In Paradise, Brother.
Sheekle said:
yeah, i said i was afraid of psychonautica

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Re: So some asshole just stole all my weed [Re: zappaisgod]
    #21679530 -

zappaisgod said:
Well you know it wasn't me, anyway.


Plot twist.

Zappa took OPs weed


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Re: So some asshole just stole all my weed [Re: Psychonautica]
    #21679566 -

Psychonautica said:
He's wrong though, read the definition I just added in the edit, that's the legal definition.

It's fourth degree burglary.. It doesn't become burglary when you steal or break something. You can evidently still get charged with burglary, without stealing, and without the intent to steal, it's just fourth degree.


Its what I thought, whether its right or wrong lol.
Also, the way D.M.T. described it and I thought it makes more sense than the definitions you posted.

Not saying your definitions are wrong. Just that it seems backwards.


--------------------
"Freedom Isn't Free" is only half correct. True freedom doesn't exist in the society we exist in. What the saying really means is "The Illusion of Freedom Isn't Free"

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Re: So some asshole just stole all my weed [Re: Patlal]
    #21679567 -

Psychonautkca what state is the definition you're using for? Because there are so many variables state to state. Example here in ohio it's second degree felony burglary if you enter a home while residents are inside, If you commit a felomy like stealing while someone is home (which anything off a person or while a person is present is robbery) then it becomes first degree aggravated burglary. I'm on my phone so I'm not gonna be too precise here

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Re: So some asshole just stole all my weed [Re: D.M.T]
    #21679597 -

Well the last one, I posted about fourth degree is federal, I think? It doesn't say what state.

I'm not sure. I know it varies state from state, I've been trying to find shit that isn't one state, Like I know in Florida you can get trespassing just for walking along the train tracks (CSX owns them), but in states like Virginia, you can't get trespassing if you've never been asked to leave, So if you left your door unlocked and come home to a homeless man sleeping on your couch, he can't get charged with a trespassing.

I also said I'm not a lawyer so I cant verify for certain, I just googled "Breaking and Entering Legal Definition" and these are my findings.

Is it even theft to steal something back that's yours and was stolen in the first place?

I think we should probably not be calling each other wrong, though, with so many variables and shit in the equation it's hard to know for certain, so my bad on that one, I shouldn't have said you we're wrong necessarily.


--------------------
The chances of you even being born, Were forty million to one. There's two parts of the statistic And I want you to live through one
3/8/95 - 7/10/15 Rest In Paradise, Brother.
Sheekle said:
yeah, i said i was afraid of psychonautica

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Re: So some asshole just stole all my weed [Re: Psychonautica]
    #21679621 -

Yeah its still theft, especially with no proof it was yours to begin with. Possession is 9/10 of the law. Its currently in that dick's possession, so if OP breaks in and takes it, its theft.


--------------------
"Freedom Isn't Free" is only half correct. True freedom doesn't exist in the society we exist in. What the saying really means is "The Illusion of Freedom Isn't Free"

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Re: So some asshole just stole all my weed [Re: TopPmz]
    #21679631 -

TopPmz said:
Yeah its still theft, especially with no proof it was yours to begin with. Possession is 9/10 of the law. Its currently in that dick's possession, so if OP breaks in and takes it, its theft.


But if it's legal, OP would have a receipt for the weed, wouldn't he?


--------------------
The chances of you even being born, Were forty million to one. There's two parts of the statistic And I want you to live through one
3/8/95 - 7/10/15 Rest In Paradise, Brother.
Sheekle said:
yeah, i said i was afraid of psychonautica

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Re: So some asshole just stole all my weed [Re: Psychonautica]
    #21679682 -

Maybe. I don't keep my receipt when I buy things I know I'm not going to return.

If he filed a police report about it being stolen from him, before he took it back, it would probably count as evidence that it was his property to begin with.


--------------------
"Freedom Isn't Free" is only half correct. True freedom doesn't exist in the society we exist in. What the saying really means is "The Illusion of Freedom Isn't Free"

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