[at-l] Trip Report (sort of)

[shane@theplacewithnoname.com (Shane Steinkamp)]

> I've reported someone to the cops -- well cop. My
> town has only one.

That's not a cop, that's a 'Sheriff'.  Have that sheriff
make you a deputy.  (Easily done.)  If he swears you as a
deputy, you become, what we in law enforcement call,
'Off-Road Patrol'.  The Sheriff issues you a ticket book.
You write tickets.  Easy as pie...  If they won't sign the
ticket, it doesn't matter.  They still have to appear.  In
traffic court, you are guilty until proven innocent.

If he won't swear you as a deputy, ask for the ticket book
anyway and have him swear you as a volunteer.  This is
called different things in different areas (non-sworn
officer, etc.), and I am not familiar with the laws of
Maine - but it should be very easy.  I could call a few
people, if you like.

This may sound stupid to city folk, but I know lots of rural
municipalities where this kind of 'deputizing' works.

> I spent most of this afternoon digging a trench
> to drain a 75-foot long mud
> puddle, created by ATVs spinning their tires.

Roofing nails, man!  Roofing nails...

> Not only hadn't the land trust given permission,
> two weeks ago we had posted our
> lands against ATVs.

Does the sign say, 'Under Penalty of Law' (or similar) and
provide the Law Section reference?  It should.

> To make a long story short, I arrive at the scene
> to find two ATV machines
> partially stuck. I walk over and demand of one
> driver, "Didn't you see the sign
> that said no ATVs?"

You could have attempted a citizens arrest at that point,
since it was a criminal trespass.  Probably not a good idea,
though - unless you carry cuffs and a 'piece'.

> So, I pushed on home and called our police chief.

Cell phone would be handy here...  Sorry, couldn't resist...
:)

> I gave him the registration plate
> number of one of the offending
> machines.
>
>  He asked if I could identify the driver in court.

This is crap.  The VEHICLE was in use during the commission
of a criminal trespass, which you witnessed and can provide
physical evidence of (destroyed trails).  Depending on the
law the OWNER of the vehicle (AND the RIDER, should they be
different) is/are subject to fine, and/or the VEHICLE may be
impounded.  (That's how it works down South, anyway.  Of
course, down South, we can SHOOT trespassers on sight, so
long as we've posted a sign saying, "TRESPASSERS SHOT ON
SIGHT"  I know an excellent sign maker...)

At this point, you should call the State Police. Since the
crime involves a vehicle licensed and tagged by the State,
they will be of more use in your situation than the local
constable - who can only action against a local ordinance,
even if he issues tickets against state law.  State police
have far more 'power' than locals - although that 'power' is
often invisible to most officers and the citizenry at large.

>  "I know," he replied. "They won't even stop for
> me."

You very, very, very desperately need a new sheriff.  This
one is obviously broken...

Good luck.  An involved citizenry is the second step to an
enlightened society.

Shane