If the property is not posted as “no trespassing”, there is nothing they can do to press charges. In wisconsin, we have to have very visible signs all along our property to press charges of trespassing.
I guess maybe Illinois is different? I dunno?
I’m pretty sure we do not need any signs posted in Wisconsin. It is up too the individual to know if they are on private or public land.
A warning could be justified IF he would have admitted he did it. By lying he set his fate, who the heck rewards someone with no punishment for blatantly lying to them?
For those that say never admit guilt, make sure you know who’s actually holding what before you dig in to make a stand. I’d bet more than just a picture of the car was snapped……
As for why he locked himself into a building after capturing incriminating evidence, the question is actually how does the brother know he locked himself in? It’s not a matter of if he’s intimidating but the fact you hold their fate and you don’t know what they may do. People who don’t respect the law in the first place, surely don’t respect it while facing fines and jail time.
This is a weird story, and by now it’s been retold by three people. Plus it was a one sided story to begin with. Wonder what the CO’s report says?
CW
My thoughts are straight away,
If you break,
You go away.
The one thing that really grabbed my attention was, “he’s been doing it for years”. Very shortly after we bought our land up north we pulled up and a lady was fishing from shore. I asked her what was up and she said is was alright, she had been fishing here for years. We had a talk she left. A few weeks later she was back. We called the sheriff. She was a bit goofy but it was so ingrained in her mind that she had a right to be there, like some sort of squatter’s rights.
I’d like to tell a police officer I’ve been speeding for years.
He wont see any jail time unless hes a multiple convicted felon.
I understand what your saying Deertracker and no offense is intended but I still think its a grey area that does no harm to anyone. Like what was said above if the guy gets in contact with the owners and tells them the situation maybe they will understand that hes one of the good guys and maybe send him a permission letter. Maybe with all those years of hunting mushrooms there Maybe the owners will want to keep him there to keep and eye on things. I know its against the law but things are better with a mushroom hunter occasionally walking around keeping an eye on the place and the owners don’t have to pay for it and sometimes things are done in reverse order of the way things should be done but its still ends up for the good. I’m a no harm done guy on this one.
With all due respect…. I don’t know that I would want a lying, trespassing individual keeping an eye on anything of mine… 
Trespassing is the only charge he can face, seeing as he entered private property. Morels in IL are a open season without any special laws on them. So I feel bad for the guy, and agree a warning would be better but, it sounds like he was not the most pleasant/cooperative with the officer. “Denying it” “fine give me a fine and go away.” Sorry it turned the way it did for him, and I hope the common sense route is taken in court, but in the end its one of those unfortunate events that often occurs with the, “we have hunted, fished, etc. Here for xx years without a problem didn’t know it was” situations.
What about the fact that he has 12 relatives buried in the cemetery? ” officer, I was there to visit the graves and noticed that there were some tasty mushrooms around…so cite me for picking them”…I wasn’t trespassing, just there to visit the graves.
Illinois obviously needs a law proscribing the allowable time-limit for parking in a cemetary
Bad outcome…but I was taught not to go on to someone’s property without permission. Sounds like the guy knew he shouldn’t have been on the property. If he’d been going there for years, maybe permission should have been obtained years ago.
What about the fact that he has 12 relatives buried in the cemetery? ” officer, I was there to visit the graves and noticed that there were some tasty mushrooms around…so cite me for picking them”…I wasn’t trespassing, just there to visit the graves.
Why is anyone trying to justify this?
If he killed a 200 inch whitetail while trespassing most of you guys would be joining the lynch mob and wanting him to be strung up, yet he steals another natural resource from a land owner and it’s ok?
Kind of like last weeks kill a turkey for me and I’ll tag it post. A moderator and several others congratulate the guy for poaching. Even after its pointed out there was still people saying great hunt? The water around here is getting awfully muddied with supposive sportsman.
CW
That is what is also being overlooked…. he took shrooms from the property. Maybe they could tack on theft as well…? Be like somebody dropping and cutting up your 120 year old Red Oak tree from your property… hardly “just trespassing” 
Taking this story at face value, sounds like the CO was a little “heavy handed”.
It’s not like he jumped a locked gate and knocked down a No Tresspassing sign on his way by. He accessed a cemetery which is open to the public.
For all of you letter of the law folks… if that is the way you believe things should be handled our law books need a serious cleaning out. There are hundreds of laws still on the books that are not enforced. Living under the letter of the law in this society with the law books in the state they are is like saying 1 plus 1 is 2.000 There are not enough significant figures to conclude that answer. Another example is using a standard ruler to measure to the 1/128th of an inch… In other words we do not have well written concrete laws to simply say… letter of the law… hang the man.
A couple morels are not the same as a trophy buck, a 120year old red wood or any other example that was suggested above. Did he break the law? Sounds like it. Should he receive much more than a small fine? Absolutely not. If he is a repeat offender then they can throw the book at him. If he had 4 bushels of morels and is illegally harvesting to sell them, then again, throw the book at him.
Reason and common sense are lost virtues in today’s society.
Reason and common sense are lost virtues in today’s society.
[/quote]
Exactly!
Reason and common sense tells me not to take what’s not mine, and stay off someone else’s property.
Sounds as this guy admits to tresspassing and stealing from this property habitually. If this was my property and I new this I would expect justice. What form of justice would be how pssed I am knowing he has been steeling from me for a long time.
Without the information of habitually stealing from me I guess some sort of justice should be handed down so it instilled in his head he can not tresspass and steal at his own discretion. A warning in my mind is not sufficient justice.
With a warning would I be notified someone was tresspassing on my land and stealing from me?
http://www.dumblaws.com/laws/united-states/minnesota
We all belong in jail.
Sleeping commando is illegal?
Take me to jail. 
Sleeping commando is illegal?
Take me to jail.
That is exactly why the “letter of the law” posters above are wrong. The laws unfortunately are not black and white and, as such, do require individualization and interpretation.
Something as minor as trespassing for a few mushrooms should be a very minor penalty for first time offense. Repeat offenders should get much stiffer penalties.
Another obvious menace to society
The law calls for 90 days … toss him in the hooskow where he belongs
if you don’t have anything to hide, there’s no reason to be wearing a mask
Sleeping commando is illegal?
Take me to jail.
I’d say a night in jail is deserved just for the bad mental image you’ve inflicted upon anyone who reads this. (just a friendly hint … you might not want to sleep commando in jail 
)
Does this story say the guy was convicted and sentenced to 15 years ? 
Does it say he trespasses regularly and lied about it.. and probably thinks it is no big deal…? I think so… I am thinking some people think that because I believe this is so black and white to me, that the book is thrown at the guy…. not at all what I think. I think the punishment fits the crime, maybe $100 fine and probation for no trespassing issues in 2 years, with 30 days stayed. If he does it again, let him think about it for awhile. My Red Oak analogy sure makes a guy think doesn’t it…. kinda like shooting a guy once and killing him, is better than unloading a 30 round clip into a guy… lesser force and he is less dead that way…? 
Thought you all might be interested to hear that the court decision came back on my bosses brother; 1100$ fine and 1 year probation. Don’t know any other details except that he had hired a lawyer to fight his case
Sounds like a hefty fine… like I said, them shrooms must be good Thanks for the update… didn’t figure he’d get the $25K fine and any time in jail… sounds like he paid the CO’s wages and the courts costs. 
Too many warnings if you are tresspassing you are breaking the law. If he was denying he was doing anyting wrong then he already knew he did. Not saying he should ge the $25k or 6 months but give him the ticket make him waste a day of work going to court. Maybe he will look at it different. Most times it’s too hard to catch the person tresspassing when it happens the ticket should be done and the lesson could be learned if the person actually cares or respects the others.
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