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

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...
Additional Details
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?

Jim D

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.

silver.graph

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.

Leogirl0804

I would take some paint and paint your address on the side of your can.

jstrmbill

no, i wouldn't call the police just yet....unless you have had previous problems with this neighbor..sounds like you did the right thing......i used to be a cop

...

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?

Hunter D

i'd let it go for now.. maybe the neighbor had an identical looking can. if it happens again, confront the neighbor about it if it ends up in his yard again.

neighbor: "You want answers?"
you: "I think I'm entitled to them."
neighbor: "You want answers?"
you: "I want the truth!"
neighbor: "You can't handle the truth!"

..sorry, i couldn't resist :D

lv_consultant

that trash can probably cost what $30-$50? whatever he would get charged with wouldn't be much. and if your name or address isn't on it he could just make up an excuse and say he thought it was his.

STEVEN F

I would have just retrieved my can and left it at that. Why bother with the note? As do calling the police now, what proof do you have? the can is not in his possession. If you do call, you are confessing to trespassing.

fr_chuck

Yes, he can get you for trespass, because you went onto his proprety to get YOUR can back, you would have and should have called the police officer or wait for him to come back.

By leaving the note, you even confessed to it.

You can not break a law even if someone else did it

You would not beleive how many people I arrested in my years of being a officer for things just as stupid as this.

They still never beleived they did anything wrong as I cuffed them and put them in the car.

whatareidoing

Stencil your address on it.(on at least 2 sides)
That should do it.

my avatar's hot!

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. :)

italian_prince23

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...

Pamela K

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.

clclmom

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..

Kdude

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.

troopermurphy154

Not really, it's a civil matter at this point and not much criminal. But he may choose to go after you for Trespass.

dane

Wow! Your neighbour sure sounds like a CRIMINAL, maybe even a TERRORIST. You should call the police and FBI and everyone. Who knows what sorts of ACTIVITIES he was planning to do with your trash can.

You could become a HERO.

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