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RE: Help! I've been set up!!!
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by kacz on December 30, 2007
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Dustin, any sympathy I may have felt toward your situation (and it was very little) just flew out the window with you last entry. You stated, “I would help anybody I could if they were in my position. Snake keepers not sticking together is why we all get ran over so much by the government.” No Dustin, the reason the herping community is constantly under the gun is because scofflaws, such as you, are screwing it up for the rest of us. What you have done not only brings negative attention to an unpopular pastime, it paints us as reckless and having no regard for the rest of the community in which we live.
Of course you would help anyone else in your position. You just don’t get it! Why should those in the herping community jeopardize their precarious reputation by condoning or sympathizing with your flagrant multiple violations of existing laws? What kind of sympathy to us were you showing when you committed these acts for your own personal reasons? Did you consider how your actions were going to affect our hobby? What law enforcement did was not wrong. What they did was perform their job. You don’t have to like it. You don’t have to agree with it. But, that’s the way it is. You were self-absorbed enough to hand them their case on a silver platter.
In your profile, under advice to other keepers, you say “Keep your nose clean and continue to learn.” (Paraphrasing from memory). Who are you kidding? You have done neither. Your record of multiple violations attests to that. You have shot your own credibility in the foot.
While you throw in a gratuitous attempt to shoulder responsibility you continue to point your finger at law enforcement, and now at the rest of the herping community. For what reason should we support your egocentric view of the world, when you gave us no thought in committing these acts?
You created every act and decision, which has resulted in your considerable mess. Please stop trying to put the onus on others.
Paul M. Kaczmarczik
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RE: Help! I've been set up!!!
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by Chris_Harper on December 30, 2007
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Here are my thoughts on that concept. A friend once made the statement, "Right or wrong, Doug's family and we ought to stick by him."
The problem was, Doug was a paramedic who tested positive for cocaine, and I vehemently disagreed. My rebuttal was that "every man has to answer for his own actions".
We walk a precarious line as it is. And although I know that many of us fulfill a valuable role within society, I also realize that not everyone knows or even cares about that. So, I take the extra steps to make sure that those around me know that I am on the up and up, and I expect my compatriots to do the same.
Because of the dim light that the general public holds for venomous snakes and "snake people", we simply must be without reproach.
CH
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RE: Help! I've been set up!!!
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by atrox56 on January 2, 2008
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Dear Dustin:
I will make absolutely NO comment as to your guilt or innocence but I will coment on your actions as far as picking them up.
Had I been in your shoes I would have called the Post Office and advised them that some idiot was sending me what could turn out to be "Lethal Reptiles" via the U S Post! I have recieved damaged packages in the mail as most of us have! so by you knowing that there was at least a 1% chance of a postal employee getting bitten, it was you responsibility to notify them of the danger.
Had you done this the post office might have given you a medal and the DNR would have had Egg on thier face, if in fact they set you up. Hind sight is 20/20 and the law is the law, like it or not and I usually don't like it, but I have a spotless record for the past 38 years.
NEVER NEVER NEVER send a venomous animal with out the proper lable's and warning's and NEVER by the U S Post office. I hope you get out of this mess and for G-D's sake think before you give anyone your address.
Let us know how you are doing so some other person might learn from this mistake. Lots of luck!
Joel T. La Rocque
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RE: Help! I've been set up!!!
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by JN on January 2, 2008
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DNR is the only law enforcement agency that does not require any warrant to enter you residence. Second of all by law you do not have to pay for something all you have to do is say I want it! to be charged Trust me I know!!!!!!!!
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RE: Help! I've been set up!!!
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by xvenomx on January 3, 2008
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This guy's story is..... well, flawed. But nonetheless ,postal carriers are quite violent with packages, the animals, "endangered animals" could have died had they been returned.Personally I couldn't have sent them back, not only due to the legality of it, but also because of the cruelty of it. Now why would a department that is supposed to be protecting these endangered species shipping them through the mail in the first place ?!!! Its because they could give a RATS ASS about the animals!!!!! Its all about the money they will collect in fines,fees ,etc. I know! And yeah all of you who know of me can talk as much smack as you want, It doesn't hurt. If this guy was trying to sell illegal animals,endangered animals, I have no sympathy for him. If he just didn't want the snakes to die in a freaking box in the post office,my sympathies. But I think this dude was selling. He knew he wasn't supposed to, and didn't care,about the animals OR the consequences.
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RE: Help! I've been set up!!!
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by JungleHabitats on January 4, 2008
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Regardless of Dustin's part of this should charges not be filed against the DNR Officer and the department themselves for violation of the Lacy Act? I cant remember if the box was labeled or not but regardless this government / state official violated a federal law no matter what they do to dustin the same should be done against them should it not ? two wrongs dont make anything right
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RE: Help! I've been set up!!!
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by kacz on January 4, 2008
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That is a real good question! Past attempts to read the Lacey Act have left me flummoxed. Unless you have the time and inclination to cross reference all of the exceptions, and maintain a hierarchy of relevant statutes, it is almost impossible to form a valid understanding of the nuances of the law (at least for me). What does become evident is that there may be a lot of loopholes available to wildlife authorities. For example, they may be able to request special dispensation from the federal authorities. They can use animals that have been certified as being bred in captivity, and thus may be able to sidestep certain statutes. Even if they were to violate the text of the act the interpretation of its exact meaning would be up to a federal court to decide. This would require a countersuit or appeal and could be a moot point in determining the immediate guilt or innocence of a defendant like Dustin. Note that I am not a lawyer, and that I have used such indefinite terms as “may” and “could”. Are there any experienced persons out there that can shed some light on this?
Paul M. Kaczmarczik
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RE: Help! I've been set up!!!
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by tj on January 6, 2008
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I'm going to say no, it won't be a violation of the Lacey act. Just like an undercover officer selling crack to someone. Will he be charged with selling crack? No. He was being watched for a long time, and made it easy for them to bust him. And, chances are, those snakes were never shipped from anywhere and the post office knew about the sting.
Everyone seems to be pointing fingers at the DNR and what they did wrong. Fact of the matter is that they did their jobs, and had an easy time doing it. Period.
If someone is dumb enough to sell protected animals, buy protected animals, they're going to get caught. Especially when they are dumb enough to post those animals for sale on internet classified's where we know they are being watched. I don't understand where the disconnect is here.
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RE: Help! I've been set up!!!
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by DustinDraper on January 14, 2008
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The fact of the matter here is that I DID NOT post up the snakes for sale. I got messed up by the DNR. I see that some of you support me a bit and some dont. For some of you that support me I thank you. And for those that dont, I understand your possition as well.
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RE: Help! I've been set up!!!
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by DustinDraper on January 14, 2008
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kacz, I know that I messed up and was ignorant. You dont have to bash me! I did wrong yes, but they also did wrong. If you were told you could never have a permit, not because you did anything wrong but because the officer inspecting your place didnt want you to have one what would you do? This happened 4 times. Would you just slouch off and say ohwell? And just let him have his way ONCE AGAIN? Or would you continue your love for the hobby? I deserve respect as much as you do. You are obviously more fortunate than those of us here in Indiana.
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