We were recently surveying a 50+ acre tract and kept noticing fertilizer bags, miracle grow boxes, peat moss cups, etc. All the accessories for a secluded garden. We didn't see the plants but know we were close. We run into this sort of thing every once in a while. Our general policy is to notify the land owner/client and do whatever they ask us to. Most of the time, they want us to call the sheriff's office, tell them or show them where we found the "patch". In this case, the client (buyer) said he'd take care of it. I know this client and know that he has nothing to do with it and will turn it in. We have had some clients that asked us not to say anything. That makes me a little nervous. Is it a crime to NOT report this sort of thing?
Me. "What's the difference?"
T.C. Carroll "It's the difference between right and wrong!"
see no evil, hear no evil, speak no evil.
i wouldn't worry about it. a mans gotta do what he has got to do to survive these days.
harvest season is in october, be super careful then - just one more reason to wear your orange vest when in the fall woods of N GA.
AND
Be sure to watch out for "Booby Traps" when you see evidence like that. Many years ago we found a "patch" in a secluded area. In the trees around the patch were hung fish hooks on monofilament line at about head height. It's good to hear from you again Stacy.
Andy
Since you have a license to practice (and to do no harm to the public), I think an attorney could easily sue you for damages if someone else were injured by the grower and it became known that a survey crew was recently in the area. You know by the physical evidence what is likely going on, and you know that it is dangerous to be working in the vicinity. That implies a duty to protect the public by calling the law.
On the other hand, I have been told that in White Lightning country, the best thing to do when planning a survey is to go to the nearest country store and inform the proprietor that you're planning on doing a survey in the area. You will be instructed to leave a note in a mason jar in a particular area and to detail when and where you will be. The idea is to allow them time to move the still without mistaking you for a Fed.
Suspicion and foreknowledge are different things in tort law. How's your liability insurance?
having surveyed all over the remote mountains in NC, I'm suprised we never ran across anything like that. No stills, seculded "gardens" or meth labs or anthing. I did have a gun leveled at me once and got a good cussing by someone else. Spooked a few bears - not fun.
I knew a guy from WV who used to grow their stuff out in the woods. He said they would use buckets and hoist them up in trees out of plain sight.
I have heard of that business of fishhooks hanging from the trees though.
Get paid before you say anything to anybody. Never know who is responsible for what goes on these days.
What is on your clients land can be considered in their control.
All of your clients funds can be frozen in these situations and the authorities do not always care. They expect cash dividends from the taking of everything a person has that came from the illicit income.
They can become very zealous at times.
I have even been questioned about being a Johnny P..seed sowing it where I roam around surveying.
😉
So you assumed. Assumed what? You seem to have implied something. If you are going to raise a flag then be damned sure you know what flag you are raising.
Now, can you say what you meant here? If not then your assumptions are getting you into a garden of not eden.
On one hand, the evidence suggests illegal activity. On the other hand, would someone engaged in that activity be so careless as to leave that evidence laying around?
A couple of years ago, we were doing a job for some mining claims out in the middle of BF Nowhere on USFS land in an area where gardening is probably the biggest industry by far. We were approached by several armed individuals at various times who were quite interested in who we were and why we were there. Luckily, we had the local miner with us who knew all these people, so they didn't hassle us much. It's not like the authorities don't know what's going on out there, they don't want to deal with it any more than I did.
I was staying at a hotel in northern Scotland. At the desk one morning was a German man trying to talk to the Scottish girl who was at the desk. He was getting quite frustrated because she couldn't understand his English and he couldn't understand hers. I ended up translating between the two with all of us speaking English. Truth be told I understood his English much better than the Scottish girl's.
Beware - A Public Service Announcement
As just said... law is based upon facts and so is the breaking of said law. Report littering if you must. Maybe the owner will get a ticket.
I have my doubts as to whether a licensee could be held liable for not reporting a potentially dangerous condition on a property to the proper authorities.
If you know of any such cases, Cliff, I'd like to be made aware of them.
By this logic, if you see a dilapitated outbuilding, a rotted deck, broken concrete, a rodent infestation, abandoned vehicles or appliances, and the list goes on and on, a licensee would be required to report the condition to the appropriate authority. For many of us, that might occur an nearly every other project.
If the conditions were clearly a danger to adjoiners, workmen, or the general public, or clearly indicated a criminal act, then I think that the expectations are higher for anyone, and perhaps even more so for a licensed professional.
Seeing evidence of a gardening operation, you suspect that someone has created a garden nearby. Considering the location, you have a reasonable suspicion that it may be a garden for growing marijuana. If both of those suspicions are correct, it would be reasonable to suspect that the garden owner might actively guard it or set booby traps. With all of those "mights" and "ifs", you have seen possible indication of a potentially dangerous situation or criminal activity. That's probably not enough for authorities to even follow up on, much less act on.
If you had seen actual plants, or at least marijuana seeds, you would have seen clear indication of illegal activity. If you had seen trip wires, weapons, other signs of traps, or had been actually threatened, you would have had clear indication of a dangerous condition. In these cases, I think you would have a moral obligation, and probably a legal one to notify the authorities.
A good rule of thumb would probably be if you see something that would stand up in court as good probable cause for law enforcement to investigate further, it's worth reporting. If you see less than that, it's worth avoiding seeing more.
Carl,
You have no proof of an offense. Mind your own business until you discover a booby trap where there is potential for you or your crew to be injured, then phone cops over that matter and let them investigate further.
RADU
Once two strangers climbed old Rocky Top looking for a moonshine still. Strangers ain't come down from Rocky Top, reckon they never will.
Used to be real popular on the radio around here back in the 70's.....for you fer'ners Soso is in Jones County near Laurel, a bit east of Hot Coffee and half a State away from It.
[flash width=480 height=390] http://www.youtube.com/v/OCS9WBQtDvU?fs=1&hl=en_US&rel=0 [/flash]
Presently because of the economy I'm not working on a survey crew. I'm working as a security guard at a shopping center during the day. I had to go through training which made it very clear that I wasn't a police officer. So what do I do when a grey area situation comes up? I walk a fine line. For example, one of my stores is a head shop. It sells herbal incense (incense laced with manufactured THC). Many customers think its cool to light up on the property. I remind them that cops come on the property quite frequently because one of the other stores is a Dunkin Donuts. Basically, I look out for my clients interests first. Isn't that what you are supposed to do? If you are done with the job, and you have a personal problem with the what is being grown, then by all means give GPS coordinates to the local DEA. You might want to do that anonymously, though. A lawyer might advise you that the knowledge you gained was while under contract.
Shoot me a lat long and i will go check it out and report back....:hi5: :pizza:
> Basically, I look out for my clients interests first. Isn't that what you are supposed to do?
Actually, no. Nearly all states have the primary reason for licensure to be protection of the public, to protect the safety and welfare of the public, or something similar. A licensee's first responsibility with regard to issues of safety, of which criminal activity is one, is to the public. The client's interests are secondary to that.
Having said that, I would handle the incense thing and similar issues the same way you describe doing.
Years ago, we came across a small patch and informed the landowner. He wanted us to turn it in to the sheriff's department. So, I went and told the Sheriff. He had to call a deputy in from across the county. While I was sitting there waiting, he had a brainstorm. He said "How bout next time you find some, just cut it down and bring it up here so I don't have to take a deputy off of patrol." I laughed at him. Couldn't help it. I can see it now. I get pulled over for speeding with a truck load of pot plants. I'm sure they would believe I was taking it to the Sheriff's office. I'm equally sure that the Sheriff would remember my name and that he told me to do so.
Me. "What's the difference?"
T.C. Carroll "It's the difference between right and wrong!"