Guys guys guys, I jest. I wouldn't be stealing a poor 80 year old's weed, even if it is by the side of the road. I agree, "do not covet thy neighbor's weed," well put. Stealing isn't the spirit of stoners I know and love.
But yeah, the pic is pretty blurry, so it could be something that just looks a heck of a lot like weed. I have this little Japanese Maple tree in my front yard that's leaves look exactly like red weed leaves. Not that that's maple, but point in scope, I can't say with 100% certainty that that's the honorable herb. I'd go for a walk, and keep your nostrils peeled for any skonky smells..
*Edit.. ok, I looked at the pic again, and it really does look like it. If you can manage a clearer one it'll be easier to tell, but yeah, it sure looks like indica to me.