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Old 11-02-2002 | 12:36 AM
  #7  
soarkrebel
 
Joined: Feb 2003
Posts: 2,029
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From: A shack in Arkansas
Default RE: BUSTED..but innocent

Ok the first thing i would do is research. here the law concerning the use of a spotlight in your nieghbor arkansas: <BLOCKQUOTE id=quote<font size=1 face='Verdana, Arial, Helvetica' id=quote>quote:<hr height=1 noshade id=quote> 5-67-106. Use of spotlight.


(a) It shall be unlawful to use a spotlight from any public road, street, or highway except for use by:


(1) A law enforcement officer, game and fish officer, emergency service worker, or utility company employee in the
performance of his duties;


(2) A person or his employee to examine real or personal property or livestock owned or rented by the person; or


(3) A person to assist in the repair or removal of a motor vehicle or other property.


(b) This section shall not apply within the boundaries of a city of the first class or a city of the second class.


(c) A violation of this section shall be a Class C misdemeanor

<hr height=1 noshade id=quote></BLOCKQUOTE id=quote></font id=quote><font face='Verdana, Arial, Helvetica' size=2 id=quote>

Now in arkansas it is legal to shine a spotlight on your property or leased(rented).
Now i looked at the definition of night hunting and i don't see this fitting it.
If it was me i would do some research in oklahoma. get my stuff straight. game wardens have supervisors .i would write a letter ,tasteful and professional, and express your problem with the arrest. send a copy of the law like this one above . and any others that you can find that pertain. this shows your serious. I would stress that you were only intending to find the game as the agency would want you to do. you did have firearms due to the late time it was shot and they couldn't be left unsecured. see what the response is. you would be basically filing a complaint. which the GW isnt going to like . it doesn't hurt you just makes him have to explain his actions which is ok .
Now if that doesnt work you go to court. you can defend yourself . it will be in a municipal court or low court. you can question the officer . put him in the hot seat. he will give his side first. listen!!!!! and then you get to question him. be cool and think about your questions. you want to trip him up and get him frustrated. catch him in something and damage his credibility with the court. he may be good but do your best. then state your case ,show the law. then the pros. att is going to ask you questions . whatever you do be cool and calm. answer honest and don't tell to much.
also you need to request per Freedom of information act(foi)a copy of his arrest report and all document pertaining to the arrest. see what he says prior to court so you can question him on his documentation. a bad report will hurt him and help you.
You have nothing to lose except money and guns. you need to defend yourself. you can do it. just prepare .and research.

SOUTH ARKANSAS REBEL
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