| > The thief could simply sue under private law.... There's certainly options But they won't, because they are a desperate individual who is going around stealing packages from people. The kind of person who does this is very unlikely to have the money to sue someone. They will instead just run away as they are probably just afraid of getting arrested themselves. Someone who has stolen one package has probably stolen dozens. Rationally or not, they'd probably just be afraid of getting caught for all their past thefts. > . In reality, law is an imperfect Indeed it is imperfect! Which is why someone who "wiretaps" desperate thiefs is almost certainly going to get away with breaking the law. Lots of people in this thread are talking about how the police just won't care if you bring them irefutable evidence of theft. If police don't care about that, what do you think is the likelihood that they will care about illegal wiretapping of thiefs? I'd guess that the answer is "a very low likelyhood". > In other words, only if you're sued by the public prosecutor. But you won't be sued by a public prosecutor or targeted by the police. Because they have better things to do with their time. They aren't even going after the thieves, if you will remember! > For one, the thief may BE a police officer This is extremely unlikely. Instead the thief is probably going to be some desperate individual or homeless person with no ability to go after you for "wiretapping". My whole point is that if nobody is getting arrested for the theft, the chances of the police bothering to go after people for wiretapping is even less likely. And the desperate thief won't have the money, resources, or motivation to pursue you in private court. If it is so easy to get away with theft, then it is certainly going to be much much easier to get away with wiretapping thieves. |
> But they won't, because they are a desperate individual who is going around stealing packages from people.
The reason we know about the common law status of booby traps is that trespassers (including burglars) have sure after being injured by them.
So, no, I don't think your “porch pirates won't sue because they are desperate enough to steal” argument is convincing. Especially given that porch pirates often aren't destitute, and theft isn't always motivated by desperation.