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Would you knowingly break the law?

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Old 05-16-2007 | 02:17 PM
  #101  
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Default RE: Would you knowingly break the law?

ORIGINAL: quiksilver

I do believe that I am legally entitled to enter and retrieve my deer.I could make a very colorable argument as to precisely why, too. (see Pierson v. Post for deer ownership).

Sorry if "entitlement" bothers you, but I believe that I am legally privileged to enter and recover. Sorry, but I have a valid base for that opinion, and I would be prepared to put it to the test. There are plenty of other situations where individuals are legally permitted (or"entitled," as you call it)to enter private property,at the landowner's behest,and this is just another one of those situations.

Specifically, I think you could make a good argument for implied privilege(trespass defense)based on a theory of potential waste of mypersonal property that became mislaid upon your property through no fault of my own (wounded on my landand ranacross the fenceto expire).

...good luck finding a judge or DA who would prosecute a guy for recovering his deer in lieu of letting it rot to pieces.
Not in Ann Arbor

The violation is about tresspassing, not the deer you shot

When it comes down to the letter of the law in MI, you loose!

Take Don Higgison buck for an example. He did not even tresspass and got a ticket So I guess there are judges out there quick
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Old 05-16-2007 | 02:24 PM
  #102  
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Default RE: Would you knowingly break the law?

As I had originally stated,I don't care one lick what others think of how I described what I would do given the circumstances described.I am completely comfortable with my ethics and morals and for some here to assert their moral superiority is arrogant at best.The character trait I value most in people is humility so I wont go on at nauseum about the way I live my life personally and professionally,suffice to say I am completely comfortable with it!
To assert that some one is less a hunter,sportsman or person because they retrieve an animal across a property line is laughable,as well as it is to imply that any one of us would steal someones else's property(tree stands,game camera's).
Seemingly we have the market cornered on ethical perfection among us,anyone here ever break a traffic law?I guess it is okay to drive at excessive speeds endangering public safety,but jeez don't cross a property line deep in the woods to recover an animal you have a responsibility to.I grow tired of the holier than thou crowd and many of them who live their life hypocritically.What is thepassage from the Bible "Let he is without sin cast the first stone" I believe? Like my dad used to say "nobody's perfect except you and I and I am not so sure about you!
Some of you need to come back to reality and exercise some decency and common sense!
Asan aside, Fran you are welcome to hunt with me any time,any one who has read your post's over the years know's you don't duck the hard or unpleasant stuff.Others would be fortunate to have your moral compass!
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Old 05-16-2007 | 02:27 PM
  #103  
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Default RE: Would you knowingly break the law?

I'm not passing judgement on ANYONE!

I have a problem with this statement, though...

thepotential waste of mypersonal property
At WHAT POINT did the deer become YOUR "personal property"?
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Old 05-16-2007 | 02:31 PM
  #104  
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Default RE: Would you knowingly break the law?

As soon as my arrow or bullet blows through his vitals and he's a dead deer walking, he's mine.
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Old 05-16-2007 | 02:33 PM
  #105  
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Default RE: Would you knowingly break the law?

Hell Tsoc I would hunt with Fran, I would just have to put the dog shock collar on him to keep him on my property

Who said

"Ethics is doing the right thing when nobody is looking" ?
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Old 05-16-2007 | 02:35 PM
  #106  
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Default RE: Would you knowingly break the law?

ORIGINAL: quiksilver

I do believe that I am legally entitled to enter and retrieve my deer.I could make a very colorable argument as to precisely why, too. (see Pierson v. Post for deer ownership).

Sorry if "entitlement" bothers you, but I believe that I am legally privileged to enter and recover. Sorry, but I have a valid base for that opinion, and I would be prepared to put it to the test. There are plenty of other situations where individuals are legally permitted (or"entitled," as you call it)to enter private property,at the landowner's behest,and this is just another one of those situations.

Specifically, I think you could make a good argument for implied privilege(trespass defense)based on a theory of public necessity - thepotential waste of mypersonal property that became mislaid upon your property through no fault of my own (wounded on my landand ranacross the fenceto expire).

...good luck finding a judge or DA who would prosecute a guy for recovering his deer in lieu of letting it rot to pieces.
So you feel you have the right to trespass on private land to recover property you don't own? Live wild deer belong to the state not the property owner or hunter and you don't own that deer until properly tagged and in your possession. Since you can't legally cross the property line to take possession you do not own the deer. In some locations it is actually illegal for a landowner to take possession of a dead deer that he did not kill[/b] even on his own land without a permit from Fish and Wildlife. If you cross a property line without permission and remove anything that is there you will be prosecuted in this state for theft.


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Old 05-16-2007 | 02:38 PM
  #107  
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Default RE: Would you knowingly break the law?

So if my three year old accidentally wondered on to your property, then I need to call you to come get him? It's still trespassing if I don't, right? According to many people it would be and they would have me call the landowner while the child sobs and wanders around aimlessly, stepping into briar patches and the like.

In Minnesota, you can legally retrieve a dog that wandered onto someone's property without asking if you lay your weapon down first and then walk in. You have to leave as soon as you get your dog.

So even government sees this isn't such a black and white issue

I get the point. It's your property. You own it. You have all the legal rights associated with it. But the it's mine and stay the hell off it under all circumstances unless I issue a formal ruling dictating you can walk a few feet over the line for a few seconds is more than I could stand to live with. If I know someone has that mentality, I steer very clear of any land around them. But thankfully, most of my neighors have the same mindset and we'll continue to allow each other to retrieve deer, dogs, children, etc. off each others' land without calling everybody first.


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Old 05-16-2007 | 02:38 PM
  #108  
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Default RE: Would you knowingly break the law?

The "necessity defense" to trespass is alive and well in every state in the Union.

My guess is that your boy Higginson either failed to raise it, or just spared himself the aggravation, paid the ticket and went on about his business.

Just FYI - in most (or all) jurisdictions, an unauthorized entry by A onto B's land to prevent the waste of A's personal property (for whatever reason) - is a permissible necessity. Even in Ann Arbor. Your meat rotting away would constitute "waste."

But, while on B's property,if A would step in B's prize-winning Begonias - A will owe B for the flowers. So, A will want to be careful not to damage any crops orfaunawhile he's dragging his buck off of B's lot.

Another angle is public necessity - whereby a rotting carcass stinks and couldcreate a public health hazard. The removal of said carcass could be a public necessity.

Just thinking out loud.

...and for those who asked, I believe that the Pierson case (and its progeny)establishes my property right in the animal as soon as I have mortally wounded him. Even if he's dead on his feet. Even before the tag ever goes onto him, so long as he was taken within the bounds of the game code, and I am a properly-licensed hunter with a valid tag.
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Old 05-16-2007 | 02:41 PM
  #109  
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Default RE: Would you knowingly break the law?

Fran:

I don't claim to know the law as well as you do.....but would you cite to me EXACTLY when the deer became YOUR personal property?

to prevent the waste of A's personal property
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Old 05-16-2007 | 02:48 PM
  #110  
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Default RE: Would you knowingly break the law?

Just FYI - in most (or all) jurisdictions, an unauthorized entry by A onto B's land to prevent the waste of A's personal property (for whatever reason) - is a permissible necessity. Even in Ann Arbor. Your meat rotting away would constitute "waste."
It's not your deer until you tag it Fran It's the states deer

How much do you charge an hour, LOL BTW go get your damn deer
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