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Police: Man was bringing cans to Mich. to collect deposits
NewsChannel 3 ^ | February 10, 2011 1:00 PM | unattributed

Posted on 02/11/2011 6:53:03 AM PST by tje

BRANCH COUNTY, Mich. (NEWSCHANNEL 3) – A Brighton man is in trouble with the law for bringing aluminum cans from Indiana to Michigan to collect the deposits.

On Monday night state police troopers pulled over 64-year-old John Woodfill for driving erratically. He was driving a van with a trailer that didn't have a tailgate.

In the back were more than 60,000 aluminum cans

(Excerpt) Read more at wwmt.com ...


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Government; US: Michigan
KEYWORDS: michigan; napl
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The crime is a felony.
1 posted on 02/11/2011 6:53:05 AM PST by tje
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To: tje

Was it a postal truck? NEWMAN!


2 posted on 02/11/2011 6:55:44 AM PST by Dr. Ursus
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To: tje

I feel sooo much safer now...............


3 posted on 02/11/2011 6:55:52 AM PST by Red Badger (Want to be surprised? Google your own name. Want to have fun? Google your friend's names.....)
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To: Dr. Ursus

Kramer!


4 posted on 02/11/2011 6:56:44 AM PST by milford421 (U.N. OUT OF U.S.)
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To: tje

He should have hired an illegal to drive for him. They wouldn’t have dared stop him then.


5 posted on 02/11/2011 6:57:03 AM PST by Kartographer (".. we mutually pledge to each other our lives, our fortunes, and our sacred honor.")
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To: tje
Um... I'm missing something here. What was his exact crime? Is it illegal to be missing a tailgate? Were the cans falling out of the truck on to the highway?

WTF over...

6 posted on 02/11/2011 6:57:26 AM PST by Dead Corpse (III%. The last line in the sand)
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To: tje
The crime is a felony.

What crime? Driving erattically? Driving without a tailgate? Transporting aluminum cans across state lines? If I buy a bottle of Coke in Indiana and drive to the Michigan beach and get a refund after I've finished it, am I guilty of a felony? Does the law in question specifically cite the number of aluminum cans you can transport without being guilty of a felony? I guess the moral of the story is that you shouldn't drink 60,000 beers before trying to transport cans across state lines.
7 posted on 02/11/2011 6:58:25 AM PST by Yet_Again
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To: tje
Police say that Woodfill admitted that he bought the cans from recyclers in Indiana and then took them to Brighton and cashed them in for the deposits.

Repeat after me: Do not talk to the cops!

Without the admission of guilt, the donut chompers would have had just about nothing to convict him with. Driving around with a truck full of empty cans is legal. And I doubt that there is such a law as "intent to defraud the can deposit program".

8 posted on 02/11/2011 6:59:19 AM PST by KarlInOhio (Washington is finally rid of the Kennedies. Free at last, thank God almighty we are free at last.)
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To: Dead Corpse

Isn’t it self-evident that he crossed state lines with aluminum cans. That’s enough. Throw away the key (sarc off).


9 posted on 02/11/2011 6:59:51 AM PST by refreshed
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To: Red Badger

Maybe they thought he was out to pop someone.


10 posted on 02/11/2011 7:01:34 AM PST by sand lake bar
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To: tje

A felony. Really.

Our legal system has started to prey on the good guys.


11 posted on 02/11/2011 7:02:05 AM PST by yldstrk (My heroes have always been cowboys)
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To: tje

Its called “arbitrage.” Wall St. Bankers do it all the time.


12 posted on 02/11/2011 7:02:22 AM PST by PGR88
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To: Yet_Again

The crime is that I pay 10 cents deposit and this guy is bringing 60,000 cans to get that money. Yes, it is illegal for you to bring in bottles from another state.

That being said, I used to drive from Cleveland to see my husband on the weekends and bring cans to get the deposits from MI. I know lots of people who have done it.


13 posted on 02/11/2011 7:03:38 AM PST by netmilsmom (Happiness is a choice.)
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To: tje

How much money would Woodfill have collected in Michigan?


14 posted on 02/11/2011 7:03:58 AM PST by Responsibility2nd (Yes, as a matter of fact, what you do in your bedroom IS my business.)
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To: Dr. Ursus
Kramer
15 posted on 02/11/2011 7:05:02 AM PST by PDMiller
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To: Responsibility2nd

10 cents a can.


16 posted on 02/11/2011 7:05:02 AM PST by netmilsmom (Happiness is a choice.)
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To: KarlInOhio
Repeat after me: Do not talk to the cops!

Exactly. Let that be repeated - do not EVER, under ANY circumstances, talk to a cop. It can do nothing but get a person in trouble, even if they are completely, 100% innocent of wrongdoing.

17 posted on 02/11/2011 7:05:16 AM PST by Titus Quinctius Cincinnatus (When evolution is outlawed, only outlaws will believe in abject nonsense.)
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To: Dr. Ursus

18 posted on 02/11/2011 7:05:37 AM PST by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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To: tje

Yep....the guv’mint is against entrepreneurship.....no doubt.


19 posted on 02/11/2011 7:05:51 AM PST by Thumper1960 (A modern so-called "Conservative" is a shadow of a wisp of a vertebrate human being.)
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To: Dead Corpse
Is it illegal to be missing a tailgate?

Not a crime but usually it is an infraction punishable by a fine

It is called an “unsecured load”

If you spill your load because it is unsecured it is more serious

20 posted on 02/11/2011 7:06:42 AM PST by Pontiac
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To: netmilsmom

I see.

If I could get my hands on 60,000 cans - - then I also would be in Michigan.


21 posted on 02/11/2011 7:07:10 AM PST by Responsibility2nd (Yes, as a matter of fact, what you do in your bedroom IS my business.)
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To: PGR88

“...it’s called arbitrage...”

Even worse. This is garbatrage.


22 posted on 02/11/2011 7:07:14 AM PST by dblup
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To: PGR88

I’d fight this citing the Interstate Commerce clause. If the commerce clause fits, you must acquit.


23 posted on 02/11/2011 7:07:32 AM PST by liberalh8ter
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To: tje

I guess I am somewhat unsympathetic about this - why tell the cops anything - he could have said he was melting them down for scrap - what an itiot.

On the other side - we buy 8 or 10 cases of drinks locally here in MI each year and take them to the air show at Oshkosh WI. Dump them in the garbage there so he is just recoping my losses....


24 posted on 02/11/2011 7:07:52 AM PST by Patrsup (To stubborn to change now)
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To: tje
Seinfeld "Bottle Deposit"
25 posted on 02/11/2011 7:10:17 AM PST by NordP (COMMON SENSE CONSERVATIVES - Love of Country, Less Govt, Stop Spending, No Govt Run Health Care!!!)
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To: sand lake bar

Now he’s in the can...............


26 posted on 02/11/2011 7:10:28 AM PST by Red Badger (Want to be surprised? Google your own name. Want to have fun? Google your friend's names.....)
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To: tje

He should have told the cop he was an artist and had a grant from the National Endowment of the Arts to create an aluminum scrap sculpture of St. Peter on the can...


27 posted on 02/11/2011 7:10:52 AM PST by Buckeye McFrog
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To: Dead Corpse
Michigan bottle law

445.574a.added Prohibited return; violation; penalty.

Sec. 4a. (1)A person shall not return or attempt to return to a dealer for a refund 1 or more of the following:

(a)A beverage container that the person knows or should know was not purchased in this state as a filled returnable container.

(b)A beverage container that the person knows or should know did not have a deposit paid for it at the time of purchase.

(2)A person who violates subsection (1) is subject to 1 of the following:

(a)If the person returns 25 or more but not more than 100 nonreturnable containers, the person is guilty of a misdemeanor punishable by a fine of not more than $100.00.

(b)If the person returns more than 100 nonreturnable containers or violates subdivision (a) for a second or subsequent time, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(c)A person found guilty under this subsection shall be ordered by the court to pay restitution equal to the amount of loss caused by the violation.

Unless the law has been updated, I don't see how that gets to be a felony.
28 posted on 02/11/2011 7:10:52 AM PST by KarlInOhio (Washington is finally rid of the Kennedies. Free at last, thank God almighty we are free at last.)
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To: Responsibility2nd

60,000 X .10 = $6000.00, not a bad haul ....


29 posted on 02/11/2011 7:11:14 AM PST by Robe (Rome did not create a great empire by talking, they did it by killing all those who opposed them)
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To: KarlInOhio

“knows or should know”??

Sounds like any lawyer with a correspondence course degree should be able to talk your way out of that one.


30 posted on 02/11/2011 7:13:27 AM PST by Buckeye McFrog
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To: tje

The concept of the state charging a deposit is ludicrous. There are plenty of people willing to scavenge cans for the scrap value.


31 posted on 02/11/2011 7:13:44 AM PST by DManA
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To: Robe
60,000 X .10 = $6000.00, not a bad haul ....

Mr Environmentalist, is it worth $6K to get 6000 pieces of trash removed from our pristine ecosystem?
32 posted on 02/11/2011 7:14:57 AM PST by Buckeye McFrog
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To: tje
I assume every aluminum can sold in Michigan has a serial number which is recorded at the time of sale.

The purchaser would be run though a background check to see if there were any littering offenses in their past. After passing the background check the serial numbers as well as the purchasers name, address etc would be retained on file to prosecute litters after the crime was committed.

Since the tabs are removable they would be limited in size.

33 posted on 02/11/2011 7:24:30 AM PST by TYVets
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To: Responsibility2nd

I live near the MI boader and see people do this all the time.


34 posted on 02/11/2011 7:26:11 AM PST by jaydubya2
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To: KarlInOhio
Sounds like one of those tests.

"How do you know you have too many laws on the books?"

35 posted on 02/11/2011 7:27:52 AM PST by Dead Corpse (III%. The last line in the sand)
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To: Buckeye McFrog
“knows or should know”??

Sounds like any lawyer with a correspondence course degree should be able to talk your way out of that one.

I think buying them from a scrap yard in Indiana would fall under the "knows or should know" clause. If I were on the jury and the evidence was presented as given in the story I would vote guilty. He was trying to scam a $6000 refund for deposits which were never paid. That's fraud, just the same as if I send in a 1040 form and claim I paid $6000 in estimated taxes and now want refunded, but I never actually made the estimated payments.

Now, on the other hand if he had just kept his mouth shut rather than confessing, the cops wouldn't have had any information on past offenses and would have had a hard time prosecuting this one unless they followed him to see him get a refund and somehow knew that those were Indiana cans rather than Michigan cans.

36 posted on 02/11/2011 7:28:02 AM PST by KarlInOhio (Washington is finally rid of the Kennedies. Free at last, thank God almighty we are free at last.)
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To: TYVets

37 posted on 02/11/2011 7:29:59 AM PST by jaydubya2
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To: Dead Corpse

When you buy a soft drink or beer in Michigan in a can or bottle you pay a 10 Cent deposit, if you bring it back you get the 10 cents back. It cuts down on littering, works well in that sense. The cans and bottles sold in Michigan state the fact that they are refundable for 10 cents, what this guy was probably doing was bringing cans that were sold in other states to Michigan to hopefully get a 10 cent deposit on it. That would be illegal. If some one buys a coke in Michigan and throws it out the window in Ohio and you find it you can take it to Michigan it get that guys 10 cents he threw out the window, but if you buy a coke in Ohio and take it across the border to attempt to get 10 cents off the can bought in Ohio they won’t give it to you, because the can will not say anything on it that indicates it was bought in Michigan or any of the states that participates in the program.


38 posted on 02/11/2011 7:32:52 AM PST by ReformedBeckite ( post 2 of 3 I'm allowing my self each day)
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To: tje

BFL


39 posted on 02/11/2011 7:33:24 AM PST by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: netmilsmom; jaydubya2
That being said, I used to drive from Cleveland to see my husband on the weekends and bring cans to get the deposits from MI. I know lots of people who have done it.

Your nickname has been forwarded to:

Michigangovernor'smansion.gov

40 posted on 02/11/2011 7:34:39 AM PST by TYVets
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To: ReformedBeckite
The people of Michigan are idiots then. They offer to pay people 10¢ to return cans to them. If you don't buy them from them in the first place, then they charge you with a crime.

Sounds like Obamacare.

41 posted on 02/11/2011 7:35:57 AM PST by Dead Corpse (III%. The last line in the sand)
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To: jaydubya2
A reasonable can law would record the serial number of the can at the time of purchase to be used to trace littered cans back to the person that committed the crime.

The state needs more can laws.

42 posted on 02/11/2011 7:40:58 AM PST by TYVets
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To: yldstrk

Any system based on leftist ideology (and we know the origin of that)
will inherently tend to reward the wicked and punish the innocent.


43 posted on 02/11/2011 7:41:15 AM PST by MrB (Tagline suspended for important announcement on my home page. Click my handle.)
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To: tje

Felony for interstate transport of aluminum cans to claim a deposit? What????!!!!

While I am sure this is a violation of the intent of the law (a stupid law, if you ask me) - I’m not a fan of forcing a deposit on aluminum cans.. more government heavy-handed tactics.

Am I the only one that sees felony charges to be insane?


44 posted on 02/11/2011 7:42:56 AM PST by TheBattman (They exchanged the truth about God for a lie and worshiped and served the creature...)
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To: TYVets

LOL! Since there no beer sales in Indiana on Sunday, I’ve gone to MI on many occasions to get some beer for the game. I pay their deposit, but have never taken the time to return the cans for my refund. SO MI OWES ME!!


45 posted on 02/11/2011 7:43:57 AM PST by jaydubya2
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To: tje

I have to laugh because my wife is a Michigan native who floated this idea at the dinner table about a week before Seinfeld did that episode.


46 posted on 02/11/2011 7:48:14 AM PST by Buckeye McFrog
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To: DManA

The state wants the money off the unreturned cans.


47 posted on 02/11/2011 7:50:38 AM PST by massgopguy (I owe everything to George Bailey)
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To: KarlInOhio

I don’t see how he broke that law. He didn’t sell the cans, he just wanted to. I can WANT to rob a bank but I haven’t broken the law until I actually rob the bank.


48 posted on 02/11/2011 7:51:54 AM PST by fredhead (Liberals think globally, reason rectally, act idiotically.)
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To: ReformedBeckite
It cuts down on littering, works well in that sense.

There's zero proof of that justification for the ridiculous law. If it were even slightly true, I'd expect to hit a significant increase in discarded cans and bottles the moment I cross the line into Ohio or Indiana. Instead, there's no difference.

Theoretically, one could make the case that Michiganders are such innate slobs that they are incapable of understanding the purpose of trash cans without the added incentive of a 10 cent per can deposit. Although tempting, the citizenry of Toledo or Ft Wayne are not noticeably different, and yet they manage to put their cans in the trash on a regular basis.

Overall, this is just another example of the failed regulatory mentality that has successfully driven Michigan into the ground.

49 posted on 02/11/2011 7:52:35 AM PST by FateAmenableToChange
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To: yldstrk
"Our legal system has started to prey on the good guys."

Thank you...you're absolutely correct

Everything is upside down.

50 posted on 02/11/2011 7:54:50 AM PST by blam
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