Nut Posted December 21, 2006 Report Share Posted December 21, 2006 There was a landowner who was hunting. He shot a doe and after a few hours could not find it. So he talked with his neighbor about it because he had hunted a long time and knew about tracking but had quit hunting a few year ago. The neighbor offered to help look for it so they went out. The land owner gets called over to the road by thw wildlife officer who happened to be driving by. The officer checks the landowner out and is okay. The neighbor walks up because he found the deer. The wildlife officer asks the neighbor for license and written permission to hunt. Of course the neighbor does not have it . So the neighbor ends up with 2 citations for hunting without a license and not having wriitten permission. So much for being a good neighbor. This actually happened the other day. What is your thoughts. Quote Link to comment Share on other sites More sharing options...
Dogg6 Posted December 21, 2006 Report Share Posted December 21, 2006 Re: Here is a story I have never heard of that before. As long as the neighbor did not have a weapon he should have been ok. The landowner should have stepped in and made sure the officer knew he had permission and the circumstances surrounding the situation. I would fight the citation if it were me. Quote Link to comment Share on other sites More sharing options...
OJR Posted December 21, 2006 Report Share Posted December 21, 2006 Re: Here is a story That is one useless game warden!! Must have been low on his quota's for the month!! Terrible!!! Quote Link to comment Share on other sites More sharing options...
PAstringking Posted December 21, 2006 Report Share Posted December 21, 2006 Re: Here is a story thats horrible....i would deff fight it though. worthless game warden!! Quote Link to comment Share on other sites More sharing options...
QDMAworks4me Posted December 21, 2006 Report Share Posted December 21, 2006 Re: Here is a story [ QUOTE ] I have never heard of that before. As long as the neighbor did not have a weapon he should have been ok. The landowner should have stepped in and made sure the officer knew he had permission and the circumstances surrounding the situation. I would fight the citation if it were me. [/ QUOTE ] I agree I would fight it myself. The part we do not know is if there are a lot of people in that area that might be poaching, is that a problem in the area? Might have been a reason that the officer gave the tickets, because he has heard all the excuses by other people who ACTUALLY broke the law. It is to bad for the guy who was just trying to help and be a good neighbor Quote Link to comment Share on other sites More sharing options...
Tom2008 Posted December 21, 2006 Report Share Posted December 21, 2006 Re: Here is a story Wait so the landowner was just out hleping the neighbor find the doe. He wasn't carrying a weapon or anything? If so then that is just wrong and they should talk to their state DNR. Quote Link to comment Share on other sites More sharing options...
Hoyt03 Posted December 21, 2006 Report Share Posted December 21, 2006 Re: Here is a story [ QUOTE ] Wait so the landowner was just out hleping the neighbor find the doe. He wasn't carrying a weapon or anything? If so then that is just wrong and they should talk to their state DNR. [/ QUOTE ] NO I think the neighbor was actually helping the landowner find the doe, meaning the neighbor was not even hunting just helping the guy who owns the land help track his deer. Goes to show you, game wardens or cops can write you a ticket any time any day it depends on their mood and they will get you regardless of if you were in the right or worng. Quote Link to comment Share on other sites More sharing options...
Texan_Til_I_Die Posted December 21, 2006 Report Share Posted December 21, 2006 Re: Here is a story [ QUOTE ] Goes to show you, game wardens or cops can write you a ticket any time any day it depends on their mood and they will get you regardless of if you were in the right or worng. [/ QUOTE ] They can write a ticket, but it is still up to a judge and/or jury to decide whether or not you are guilty of that crime. If you think you're in the right, ALWAYS take it to court. Quote Link to comment Share on other sites More sharing options...
PAstringking Posted December 21, 2006 Report Share Posted December 21, 2006 Re: Here is a story [ QUOTE ] They can write a ticket, but it is still up to a judge and/or jury to decide whether or not you are guilty of that crime. If you think you're in the right, ALWAYS take it to court. [/ QUOTE ] just like traffic tickets...who is the judge going to beleive....you or the cop?? Quote Link to comment Share on other sites More sharing options...
arrow32 Posted December 21, 2006 Report Share Posted December 21, 2006 Re: Here is a story Piece of trash Gamewarden if you ask me. If he didnt have a gun i dont see the problem with him helping. As far as him not having permission i still dont see the problem if he is with the guy who does and isnt hunting. Quote Link to comment Share on other sites More sharing options...
buckee Posted December 22, 2006 Report Share Posted December 22, 2006 Re: Here is a story Here is our (ambiguous, I must say) definition of hunting in BC [ QUOTE ] Hunt and Hunting - includes shooting at, attracting, searching for, chasing, pursuing, following after or on the trail of, stalking, or lying in wait for wildlife or attempting to do any of those things, whether or not the wildlife is then or subsequently wounded, killed or captured: (a) with intention to capture the wildlife, or (b)while in possession of a firearm or other weapon. [/ QUOTE ] So you see, here too, if a game warden wanted to be a jerk, there is room for him, under the definition of hunting, to do so. I don't think it would stand up in court , but then, it depends on what ambiguous judge you get too. As far as I'm concerned there should be no (a) or (b), and should just read " with intention to capture the wildlife, while in possession of a firearm or other weapon. " But, I can also see the need for it, to prevent say, 10 guys without hunting licences, doing a deer drive for guys with licences. It's just a shame this game warden decided to be a jerk about it. Quote Link to comment Share on other sites More sharing options...
LETMGROW Posted December 22, 2006 Report Share Posted December 22, 2006 Re: Here is a story In New York: TO HUNT- means to pursue, shoot, kill or capture [ other than trap ] wildlife and includes all lesser acts that disturb or worry wildlife whether or not they result in taking. Hunting also includes all acts to assist another person in taking wildlife. This was taken from pg. 9 of the NYDEC regulations guide 2006- 2007. Kind of open ended for the cops don't you think? Quote Link to comment Share on other sites More sharing options...
wtnhunt Posted December 22, 2006 Report Share Posted December 22, 2006 Re: Here is a story I would fight that if I were you Fred, or if it is someone else would encourage them to fight it. The warden is clearly in the wrong. Of course here the landowner would have to have had the property posted and be willing to press charges for this type of thing to have even started in the first place. Quote Link to comment Share on other sites More sharing options...
sskybnd Posted December 22, 2006 Report Share Posted December 22, 2006 Re: Here is a story i think i would take the land owner with me to court, and make sure he told them he came to me for help finding his deer, and that he went on his property at the request of the owner, as for the part of not haveing a license i dont think that game warden was right to give him a citation for helping him out, and i guess if buckee's right than we all are guilty of that being must of us do our scouting [searching for] deer on the off season, Quote Link to comment Share on other sites More sharing options...
Texan_Til_I_Die Posted December 22, 2006 Report Share Posted December 22, 2006 Re: Here is a story Not sure how the laws read in your state Nut, but I would think that the best way out of this ticket would be to emphasize the fact that the deer was already dead before the guy entered the woods. He was not in any way helping the hunter kill the deer. And here's an analogy you could use in the courtroom. What if you take your 8 year son hunting with you. All he is doing is watching. He isn't even going to touch a gun. All he does is hold one leg of the deer you shot while you field dress it. Would the gamewarden write him a ticket too? This whole thing sounds pretty ridiculous to me. Are you sure we're getting the whole story? Quote Link to comment Share on other sites More sharing options...
buckee Posted December 22, 2006 Report Share Posted December 22, 2006 Re: Here is a story [ QUOTE ] i think i would take the land owner with me to court, and make sure he told them he came to me for help finding his deer, and that he went on his property at the request of the owner, as for the part of not haveing a license i dont think that game warden was right to give him a citation for helping him out, and i guess if buckee's right than we all are guilty of that being must of us do our scouting [searching for] deer on the off season, [/ QUOTE ] Exactly. The laws are so ambiguous, that it leaves the door open for misuse by crabby game wardens We have a few laws on the books, that are way outdated, and were written back in the 40's or 50's, before modern technology. I can understand why they are, because of the example of the hunting drive above, but even that would be at the disgression of the Officer on the scene. Quote Link to comment Share on other sites More sharing options...
buckee Posted December 22, 2006 Report Share Posted December 22, 2006 Re: Here is a story [ QUOTE ] Not sure how the laws read in your state Nut, but I would think that the best way out of this ticket would be to emphasize the fact that the deer was already dead before the guy entered the woods. He was not in any way helping the hunter kill the deer. And here's an analogy you could use in the courtroom. What if you take your 8 year son hunting with you. All he is doing is watching. He isn't even going to touch a gun. All he does is hold one leg of the deer you shot while you field dress it. Would the gamewarden write him a ticket too? This whole thing sounds pretty ridiculous to me. [/ QUOTE ] My thoughts exactly Quote Link to comment Share on other sites More sharing options...
Tom2008 Posted December 22, 2006 Report Share Posted December 22, 2006 Re: Here is a story [ QUOTE ] Not sure how the laws read in your state Nut, but I would think that the best way out of this ticket would be to emphasize the fact that the deer was already dead before the guy entered the woods. He was not in any way helping the hunter kill the deer. And here's an analogy you could use in the courtroom. What if you take your 8 year son hunting with you. All he is doing is watching. He isn't even going to touch a gun. All he does is hold one leg of the deer you shot while you field dress it. Would the gamewarden write him a ticket too? This whole thing sounds pretty ridiculous to me. Are you sure we're getting the whole story? [/ QUOTE ] That is a very good point. I can remember going out with my step-dad when I was 10. Thats all I really did was expierience the hunt and hold the leg of the deer. I didn't consider myself hunting. Quote Link to comment Share on other sites More sharing options...
Nut Posted December 23, 2006 Author Report Share Posted December 23, 2006 Re: Here is a story I looked it up and made sure but the wildlife officer gave out the correct citations according to the regulations. Technically you could get a ticket for spotlighting deer if one goes into the road while you are just driving based on the regulations. Hopefully the local judge will see fit to throw out the charges. I know the whole story since I was looking for the deer also. Luckily I had my license on me and had written permission from the landowner since I live adjacent to the other side of the landowner. The court date is next month and the landowner is going also. But I just saw some good news as I got home from work. The buck I have been hunting for the last 2 months is still alive. He was under the peach tree in the back yard as I just got home from work. Quote Link to comment Share on other sites More sharing options...
wtnhunt Posted December 23, 2006 Report Share Posted December 23, 2006 Re: Here is a story Good luck with it Fred. Guess wardens are often to one extreme or the other. Around here I would doubt you would ever see a warden out on private property unless he was called out by the landowner on a specific legitimate complaint, and even then they are spread so thin, they might not be able to get there right away. Quote Link to comment Share on other sites More sharing options...
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