how would you have handled this situation, and should I now call the police? (read more)?

Question

Today is trash day, so we set out our can last night for this morning's servicing by the sanitation company. I was home all day (on vacation) but didn't go outside.

Wife comes home from work and thanks me for rolling the trash can around to where we keep it at the back of the house... I said I didn't touch it. So now we have a missing can. These are huge plastic roll-out containers that can hold about 6 bags of trash. Anyway, my wife goes around asking our neighbors if they saw anyone mistakenly take our can.

Sure enough, our closest neighbor says "Well, you know - it's funny, I DID see the guy that lives across the street from you come over and take a can out of your front yard this morning after the trash guys left. I wondered what was going on but didn't say anything."

So my wife walked over to his house to ask him about it, but no one was home. She comes back to the house and tells me what's going on, so I walked over there and found our can sitting inside his...

trash enclosure at the side of his house. I recognized a marking on it and knew it was ours. The guy still wasn't home, so I just grabbed the can and brought it back home with me. I then wrote a letter explaining what I did and what the neighbor saw him do, and left it on his door, saying that I would assume, for the moment, that he took ours by mistake and that there was no need to call the police.

SO, my question is - should I go ahead and call the police ANYWAY, to tell them what I did, just so someone has a record of the situation in the event that it escalates later? Or should I let it go with what I have done so far?

Trooper - how can he go after me for trespass when it was HIM that came into my yard (trespass) and stole my can to begin with? He'd have to be an idiot to press charges, wouldn't he?

Dane: Yeah. you know... too bad I can't post what I think of your answer. You're not worth the loss of ten points.

I've never had problems with this neighbor before, nor has anyone else that I'm aware of. This is why it seems so freakin' bizarre... I mean, why in the world would he assume that his can was clear across the street, in MY front yard, in the same spot that I have been putting my can every Tuesday night? And yes, all the cans look alike in our neighborhood. I knew the can in his yard was mine though, because my wife had taped a Christmas card to the top of the lid the other day with gift certificates inside for our garbage collectors. There was a remnant of the tape left in the exact spot where the card was taped. Plus, there's the whole "I have a freakin' witness that saw him do it" thing!!!

I don't necessarily want him prosecuted or anything... If I did call the police, it would be just so that there was a statement on file with them explaining the entire situation, in case things escalate later. I would tell the police that I am willing to give the guy the benefit of the doubt that he simply made a mistake.

OK. Now you guys got me all paranoid about this trespassing mess, and I've gone and taken the note back off his door. Should I also return MY can to his trash enclosure and then just call the police and let them sort it all out? I wanted to give the guy the benefit of the doubt by NOT involving the police unless it was necessary.

Answer 1

Is there a history with this neighbor?

The problem is, what he's done is so stupid, that if he simply said he thought it was his, or pulled it in FOR you cause of wind or whatever, someone will probably believe him.

After all, why would a neighbor steal a garbage can from you to use for himself, knowing you'd see the stolen can every garbage day? Now we all know that some people do things that make no sense, but this gives him some room for excuse.

You've retrieved your property, and let him know you are aware of his activities. I would expect that should he have taken it thinking that it wouldn't be noticed, you'll hear nothing else, or else he'll offer up some apology and excuse.

If the case is that he has a similar can, then this may drag on to a "it's mine, no it's not, it's mine" battle. Be positive on your identification of your can.

So, if you call the police, and they spoke with him, there's no way I can see any charges being laid, as intent would have to be proven. One simple explanation of "I thought it was mine" or "I was doing the guy a favour" would bring a reasonable doubt to any unlawful intent.

Chalk it up, keep an eye on him. Let any other neighbors you have good relationships with know what happened, but don't embellish. Stick to the facts.

I wouldn't worry about any complaint of trespass, unless there could be a definite dispute about the can being his, and he wishes to push the issue of you stealing it. There would be no criminal trespass without a criminal intent accompanying it, and any penalties associated with a lower level or local trespassing charge would be minimal.

Answer 2

You took the evidence so the police will have nothing except your word that he took it, possibly the neighbor would back you up but this s such a small misdemeanor it is not worth the police officers time to prosecute him anyway.

Next time have the cops go investigate and then file charges. But honestly what would a judge do to him if convicted.

What you should do is "ask" your other neighbors to watch your property and explain what happened. Do not say "He stole it, or he is a thief" as unless you can prove it that would be slanderous, if it is in writing it would be Libel. Instead just explain the facts and what you other 'Unnamed" neighbor said he/she saw (It is best to keep his name out of this). Ask them to inform you if you they see this bad neighbor do something to your property or trespass on your property in the future.

By approaching it this way you break no laws slander or libel and at the same time you are notifying your other neighbors that he is a thief without calling him one.

Hope this helps, I understand how pissed you must feel but just be careful how you proceed. It is a great time to discuss a neighborhood watch committee and exchange phone numbers as well. Don't worry your thief of a neighbor Will pay because in doing this in the way I layed out no one will trust him or rally want to be friends with him in the future.

Peace.

Answer 3

Wow, I would be a little tweaked at the violation of my space, but surely you aren't going to get all worked up over a trash can...just deal with it...mark your cans and be thankful that it is only a trash can...there are an infinite number of reasons for that neighbor to have put your can in his enclosure...why don't you just ask him?...How do you know the informer neighbor isn't trying to stir up trouble and isn't the crazy one in this whole bunch?... Is the world going to stop turning over this?

Answer 4

Prisoners, basically like all and assorted else, could be allowed sue if their human rights are being abused. No arguement. Prisoners are lots greater probably to be abused basically because of the fact the place they're and how human beings think of they could be dealt with. maximum police and reformatory officer do no longer yet there are constantly some who will and prisoners or human beings detained could have rights to sue and get reimbursement. human beings shop on speaking approximately how soft reformatory is and all that yet this is predicated on the stuff approximately open prisons. maximum folk in reformatory are in known prisons in the back of severe partitions and cord and locked up in a cellular each and each night and now and returned for the time of the day. that is not as uncomplicated as human beings think of despite the fact that as quickly as you adapt that is not hell the two. because i've got been in difficulty and have been given out of reformatory i'm getting hassled via teh police alot greater - a number of you in all threat think of they're basically doing their interest yet alot of the time that is basically to wind you up and to look no longer uncomplicated. I had some 'slaps' from the police too whilst i became youthful and that incredibly places you against them. There are some police who do a brilliant interest - I even play on a soccer group with a cop - and we could have a pint after training no concerns even nonetheless he's conscious my historic previous. He sees me as basically a collection mate as a replace of the rest. My brother even ought to be a cop!! In fairness there are in all threat greater sturdy ones than undesirable even nonetheless that's the undesirable ones you remember.

Answer 5

Lets just stop this trespass stuff right now. I would call the police to make a record of it and they will probably write a report. It is not a civil matter! In MA, its called larceny. For something of that value, larceny under $250 to be exact, which is a misdemeanor, but a crime nonetheless. The police will speak with the neighbor and could get you your recepticle back if he does it again. And I would def. paint or carve my address into it and all your others if you have clepto neighbors...

Answer 6

I believe what you did was the right thing. However calling the cops is going a little overboard. Go to the neighbor and ask him about it. If he fesses up to it let him know not to do it again. And if he lies about it let him know he was seen doing it and next time he decides to do 5 finger discount you will notifiy your dog and the dog will eat him.....just kidding you know what i mean. good luck and that really sucks finding out that the neighbor is a clepto or a garabage can theif. Hopefully the guy smartens up.

Answer 7

I'd leave things as they are for the minute. You've sent him an appropriate, strong message, and he knows that you keep close tabs on things that go on around your house.

However, I'd also be extra alert and be careful about keeping doors locked, since the guy apparently doesn't respect property and boundaries. And if he does anything else that he shouldn't, take him up on it very quickly and warn him about "three strikes and you're out," and that he's down to his third.

Answer 8

You are so funny...I mean seriously.....I am sitting here cracking up...OK...so I have a revenge for you....

Go collect all the For Sale signs in the neighborhood this weekend and put them all in the neighbors yard during the night....Put like 100 of them out there...

That will teach him not to mess with the neighbors anymore...

hahaha..

Answer 9

As one nice person to another... paint your house number in letters a foot high on your cans in neon you can see from space, and that will probably fix it for good. Maybe he thought it was his can... maybe he has mental health problems... maybe he's a kleptomanic (there are a lot of them around!)

Escalating it will only make it worse.

If he keeps doing it, then you can report it. If he stops, problem solved. :)

Answer 10

The first thing that I would do is get a statement from the neighbor that saw what happened. Tell them you want it just in case.

Secondly, mark your cans so conspicuously that there won't be any more 'mistakes'. Put your name and house number on it.