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Stolen photo as evidence

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george50

Junior Member
What is the name of your state? CA

Last year, I found a dead female deer in my backyard. In a spur of the moment reaction, I grabbed my rifle and took a photo with it, posing next to the deer. I posted it on my website and now, a year or so later, local animal activists got wind of this and stole the photo from my website (which I now took down)
They claim that I killed the deer by shooting it illegally because:
1) it was female
2) datestamp on the photo was taken outside of deer season (although i dont quite remember the date, it may have been IN deer season..they could have changed the datestamp to strengthen their case)

What are the rules of evidence about this seeing that:
1) Their main evidence is a stolen photo from my website - dont i have intellectual property rights?

2) can evidence be considered tampered or non-admissable because :
A) they dont own the photo and were not the photographers - it was stolen from my site
B) datestamp could have been tampered/altered since it was in electronic format
C) photo "evidence" was not collected by law enforcement agency / officer/park ranger, etc - just a bunch of hippies with a grudge, clicking on the net

they dont have a right to be reposting that on their bambi-lover website or submitting it in the court and media, do they?
They put me in the local news paper and local tv saying i killed this female deer, which is illegal. Isnt this slander/libel?

I told them I found the deer already dead - but now theyre saying i was in possession of a dead female deer with a gun, so its as good as caught.

I dont have any proof of the dead deer anymore because I called animal services anonymously that day and they said they would charge me $200 to clear the deer from my back yard. So I disposed of the deer by just dragging it into the street, making it the city's problem to dispose of. After all, it was probably hit in the street anyways and crawled into my yard to die or something. Im Not sure if someone picked it up from the sidewalk later on, or a civilian picked it up but the next day it was gone already. So there is no record with animal services of any deer taken from the street around that date.
 


Zigner

Senior Member, Non-Attorney
If you are here to find out if your story is believable...it's not. Think up something else and post back here.
 

CdwJava

Senior Member
A confession without proof is not going to be a prosecutable offense.

Did you have text on the site indicating that you shot the deer? Was it captioned as being roadkill or dead before you came across it?

Most everyone is going to look at this and tend not to believe you ... but, I can't see that a prosecution will succeed because the picture - by itself - does not prove the crime.

Oh, the picture was not "stolen" ... YOU put it out there. They can't make money off of it, but they can certainly copy and save it and use it against you. But, i doubt that a criminal prosecution is likely absent some other proof.

- Carl
 

george50

Junior Member
Zigner - i dont care if my story is not believeable, its the truth, and i just want to know from a legal courtroom aspect, if a photo with a dead animal will prove anything.

CDWJava - Thank you for the info - there were no captions, just the photo of the deer and me. The title of the photo saved on the server was deerbuster.jpg but it was not typed on the page itself.

If the local tv station is displaying some of the pictures, dont they make money off of it?
 

CdwJava

Senior Member
If the local tv station is displaying some of the pictures, dont they make money off of it?
That's a far cry from a commercial enterprise. YOU put the picture into the public domain by posting it on the internet. The news can make a news story out of the issue if they please, and they can run the photo they were provided.

I wouldn't fret about being prosecuted, but don't be surprised if activists don't buy the "pose" story ... frankly, I find it hard to swallow, myself. But, the image by itself is insufficient (or should be) for prosecution.

Now, if they have a witness that attests to your bragging about shooting the deer, you may be in trouble. IF you shot the deer (out of season, or whatever) then you may want to consider consulting an attorney.

- Carl
 

FlyingRon

Senior Member
That's a far cry from a commercial enterprise. YOU put the picture into the public domain by posting it on the internet. The news can make a news story out of the issue if they please, and they can run the photo they were provided.
Putting something on the Internet does not make it public domain.
News organizations however, get wider latitude on what they can do without it being infringement.

Putting pictures of a crime (or what appears to be a crime) somewhere for the public to view is a bad idea in general.
 

CdwJava

Senior Member
Putting something on the Internet does not make it public domain.
News organizations however, get wider latitude on what they can do without it being infringement.

Putting pictures of a crime (or what appears to be a crime) somewhere for the public to view is a bad idea in general.
It doesn't make it free for others to use in everything, but once you put something on the internet you lose some measure of control over who downloads it and passes it on. And if it is arguably a picture of a crime, well ... as you said, that's not a good idea.

- Carl
 

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