Fine Fran. Since you're no stranger to taking things to the extreme, though (and I don't mean that to sound ugly...we both enjoy a great conversation).....where does it end? Is the hunter entitled to break laws while retrieving "his" deer? What if the deer runs into my barn? My corn field? My wheat? MY HOUSE (it's happened)?

Are you saying that YOUR rights as a "property" owner supercede MINE as a private landowner?

I fully understand that these may seem extreme.....but it's the stuff case law is derived from. No??

Delete ..aww nevermind not worth it!!!

You make a good point but I believe the defining issue would be which course of action would result in the most harm. To not be a trespassing case the issue of recovering personal property must supersede the property rights of the owner. As I stated before a lost child would necessitate a legal trespass for recovery. A baseball or deer over the fence would not. The rotting carcass wouldn't be a factor since all animals eventually die in their natural environment and are usually left for nature to consume. If the carcass ended up on someone's front lawn in close proximity to their house that would certainly add to the balance of greater evil and give credence to a necessity defense. Great discussion and kudos to all that participated.
That is to assume to shoot means to kill. Shooting an animal doesn't necessarily mean to kill...using my experience LOL. Then again I have run into some characters who shot at an animal wounding itand considered it to be their deer even years later.

Pretty interesting thread GMMAT.

I'm going to get the deer. Big or small, doesn't matter to me. I owe it to the animal.
If the land owner catches me and is going to be an ***hole about it, especially if I have no intention of damaging his property, which I would not , I guess I'll see him in court and maybe pay my fine.

Even if you hunted away from the line you never know what way the deer will run and how far.

I've changed my mind about the issue. I posted in the 10 yard thread I wouldn't go get the deer if I couldn't see where it dropped ,I believe I would. Size doesn't matter.

Archer58 there are some landowners in MI where my buddies hunts where it won't go to court[] These guys are nuts

Man I am sure glad my neighbors and I have good communication

Maybe its our passion for hunting that clouds our vision.

In 2004 six people were senselessly killed because passion got in the way of common sense.

I mentioned this before but it must of made moot to many of the reckless points that have since been made.

How is it that you know what you are getting into when you will throw caution to the wind and go somewhere that you know is wrong.
Just what is in there that they are protecting?
Your best scenario would be just some P.E.T.A. member that despises your life style. But worse case you walk into someones weed or meth lab. You are willing to orphan your children ,widow your wife for what ? A deer? A big buck? Oh yea great thinking.

With luck things go good and alls well, if not they can always put it in your obituary that you enjoyed hunting!!!!!!!!!

Justtwo more questions.

How many of you have ever been shot at ? And Iam not talking stray bullets or the likes .
I mean some oneshooting to kill you for some reason?

Have you ever shot at someone with said intent?

GMMAT, I forgot to say yesterday that this is a great post and that its pretty civil with a lot of great viewpoints, no matter what you believe.

I'm just going to say one more thing and then I should be quiet as I posted enough already on this. To me, this whole thing comes down to the world in general not being so black and white. There are grey areas and this is one of them.

Would I enter your house, your yard, or damage your crops? No, of course not. Would I step a few feet over the property line to get a deer I arrowed? Yes, I would and wouldn't fault someone for doing the same on my property. It's a judgement call. It's what feels right to you. I don't feel its because the person retreiving the deer feels they're entitled to the land. If that was true, they'd have set up on the land and hunted it in the first place with no regard for the owner.

The good hunters, hopefully the majority, are simply going to go in and get their deer and not likely ever carry it to the next level of acutally hunting your land or robbing your house. It's not fair to lump them in the same pile with criminals and habitual intentional trespassers who actually shoot deer on your land itself. Just as its not fair to lump someone who goes two miles over the speed limit on the highway with someone who goes 50 miles over the limit in a school crossing zone.

The law is the law. But life itself is a matter of compromise. Those who abide by one extreme or another are destined for a lot of disappointment.

Much as the the Hunter in your scenerio would be killed off..the Landowner would be in jail..thus orphaning his family..at least at the landowners going "away" party..they could say "he always liked screwing people".."we'll see how he likes it on therecieving end!"

Do You really think meth heads think much about their future?