Talk of The Villages Florida

Talk of The Villages Florida (https://www.talkofthevillages.com/forums/)

- The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)

- - Rose Thief (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/rose-thief-97061/)

Quote:

Originally Posted by gerryann (Post 790654)

Alzeimers or dementia come to mind.....misunderstanding what they are doing...

That's what I'm thinking.

Quote:

Originally Posted by Rango (Post 790734)

That's what I'm thinking.

Maybe he had a fall out with his wife and wanted to make up with a nice bunch of roses.

Quote:

Originally Posted by gerryann (Post 790654)

Alzeimers or dementia come to mind.....misunderstanding what they are doing...

That is what I first thought of until I saw that they had a cooler and were young!

Quote:

Originally Posted by Sable99 (Post 790803)

That is what I first thought of until I saw that they had a cooler and were young!

I always thought cooler + young = beer.:beer3::eek::D

I think they were checking to see if anyone was home by cutting the flowers. I know, I get suspicious when strangers are in the neighborhood.

Quote:

Originally Posted by blueash (Post 790680)

It is not necessary for you to shoot them for you to be in violation of the law. I'm sure as a very well informed gun owner you knew that. I'm sure you also know there are huge differences between wearing a watch and a gun and your seeming to equate them as equally benign is humor?
There is a law against display of a weapon as a means of making a threat.
790.10 Improper exhibition of dangerous weapons or firearms.—If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

However, it is possible that people following your advise will instead face aggravated assault without intention to kill as your suggested action contains all the required elements of that felony:
Florida Statutes

784.011 Assault.—

(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

784.021 Aggravated assault.—

(1) An “aggravated assault” is an assault:

(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.

(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree,

Elements

To prove the crime of Assault, the State must prove the following three elements beyond a reasonable doubt:

1. Defendant intentionally and unlawfully threatened, either by word or act, to do violence to victim.
2. At the time, defendant appeared to have the ability to carry out the threat.
3. The act of defendant created in the mind of victim a well-founded fear that the violence was about to take place.

So anyone can do whatever they wish in your yard as you will do nothing about it, Correct? :0000000000luvmyhors

Quote:

Originally Posted by blueash (Post 790646)

And then prepare yourself for the cost of a legal bill which you will richly deserve. Rose theft/trespass hardly qualify as capital offenses nor rise to the level of requiring self defense. However threatening others with a gun. Sadly I don't believe based on your name and your posting history that you meant your comment as a joke.

DA!

Quote:

Originally Posted by Easyrider (Post 790905)

So anyone can do whatever they wish in your yard as you will do nothing about it, Correct? :0000000000luvmyhors

While certainly not on the topic of the OP, I simply posted the law regarding the display of firearms, or other armaments in what may be regarded by the bystander as a threat. One can speak the person on your property, one can photograph, one can call the police. What you seemingly cannot do it leave your home and use a potentially lethal weapon to drive the rose picker away. I am neither a lawyer nor peace officer so I may be wrong.

call the police...it is a violation

Quote:

Originally Posted by kaydee (Post 790943)

call the police...it is a violation

But will he (The Rose Picker) be willing to wait until they can get there? :police:

Quote:

Originally Posted by Villageshooter (Post 790639)

conceal an carry is for a reason,,,, go out with a shotgun,,, and this will be the last time they ever come around,,,

Well............. no.

First off, concealed carry authority does not include shotguns. You sound like you are taking advice from VP Joe (nut job) Biden... "Go out on the balcony and fire your shotgun." Stupid advice, and illegal in his state..... and here.

If a person is simply on your property there is no offense, not even trespass. Trespass can only be charged after you tell them to leave and they don't do so. Then the police MAY arrest them, if they continue to refuse to leave after the police arrive. It is a misdemeanor and must be committed in the presence of the police for the police to make a lawful arrest.

If you display a firearm in the absence of a threat YOU are subject to arrest.

The simple answer, if the person on your property is taking or damaging your property, is to call the police. That is what they are for.

Don't be the next George Zimmerman. If you have a concealed weapon permit, keep the weapon concealed. Even if you feel threatened, return to your house and call the police.

I have been involved in a few line-of-duty shootings where I was entirely in the right, but even then the paperwork and the stress of having the prosecutor decide that you were right is not an enjoyable experience.

As in the case under discussion.......... they were only flowers. You can get new ones.

Chill out.

:police:

The way the laws are today your lucky if you get away with protecting your life.....forget about your property, try to protect that and you will probably get arrested.....

Quote:

Originally Posted by jblum315 (Post 790610)

I used to have day lilies growing in profusion along the edges of my lot in NY and people would just help themselves until I had no blooms left. Never saw anyone doing it. . .

We also had people pick the day lilies in our yard in NH always before they were open when we finally caught the person found out they were cooking and eating them.

I would think young people walking through yards and cutting flowers would raise a red flag and be worth a call to the cops. You said the your neighbor called the cops did they show up?

I think this "rose thief", is a person has lost their ability, to reason properly.

Hence, when told to get off the property, he just stood there!!! Anybody with a sense of right and wrong, would have scurried away, when confonted in this manner.

I may be wrong and frequently am. :smiley:

Last night my hubbie and I were just saying how wonderful it is to live in a place where you could have a whole row of potted Poinsettias on the stage like they did at Brownwood last night without worrying if they would be stolen. Now I wonder if the staff puts them away after the entertainment is over.