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thehairlessone! 08-25-2008 04:50 PM

RE: Tresspassing to find a mortally wounded animal
 
I know in kansas you can go after the animal. I would call the game warden if they gave me a hard time and I would get it back.

Babe should have tried harder to get it sounds like.

rick


minnesotadeer 08-25-2008 07:33 PM

RE: Tresspassing to find a mortally wounded animal
 
I don't see the respect for the deer trumping respect for the landowner because I don't see it as disrespect for the landowner, buteveryone has their own opinion.It may be illegal to step 20 yards onto someone's land for one minute without permission to drag a deer you just arrowed 100 yards away off of it. But as bigcountry mentioned, so is going 5 miles over the speed limit. To me, it's a matter of using judgement. There is no black and white. No definitiely right and definitely wrong and therefore no certainty of respect and disrespect for that matter. There is legal and illegal but what's legal is not always right and respectful and what's illegal, not always wrong and disrespectful. Failing to realize this is why people become so passionate, upset and enraged when someone steps a foot over their property line and violates their God given property rights. I own a couple of properties and I like to protect them, but I'm also not going to have a heart attack every time there's an incident. I assess the situation, correct it and move on. I have yet to prosecute a trespasser but rather have resolved the issues through rational conversations with them.

bigbulls 08-25-2008 08:00 PM

RE: Tresspassing to find a mortally wounded animal
 

"Would you knowingly break the law to retrieve a DEER"?
Doyou knowingly break the law when you drive 10mph over the speed limit. Do you knowing break the law when you do not come to a complete stop at a stop sign? Everyone knowingly breaks the law every single day of their lives. So it find it a just little hypocirtical of anyone that would call the cops in a situation like this.

I would certainly step over the line a few yards to retreive a deer. Whoopty doo.... so Istepped30 or 40yards onto someones property to get a legally shot deer, someone bettercall the police. [:o]The deer didn't lay there dead and rot and go completely to waste like it did in this scenario with Babe.Shame on the land owner!

If it ran aseveral hundred yards onto someone elses propertythen no, I would knock on the door and get permission.

PersonallyI don't see why any one would have a problem with a hunter doing this. If I were the land owner I may aproach them and ask what they are doing and if they are retreiving an animal they legally shot on their property and being respectful of my landI would help them load it in their truck.

I don't have the luxury of owning hundeds or thousandsof acres and Ilive in a subdivision.I don't look at this any differently than the neighbor on my left walking across my yard to go the neighbors house on my right. AmI gong rush out my door and tell them to walk around on the street or call the cops every time a neighborhood mom walks across my yard. Of course not, that would be absurd. I feel the same way about this situation in this thread.

I know ther are a lot of easy going land owners out therebut there are a bunch that need to just lighten up quite a bit. I didn't see the show but it sounds like the land owner in this show is one that needs to lighten up.

Cougar Mag 08-25-2008 08:03 PM

RE: Tresspassing to find a mortally wounded animal
 
I always ask and try to make accomodations beforehand, however in two instances I've had to trail deer a short ways on land without gaining permission. Not because I was turned down but because I could never get ahold of the landowner.

Hick442 08-25-2008 08:26 PM

RE: Tresspassing to find a mortally wounded animal
 
If it was legal i would. and if they said no i would get the Game warden to see if they could do anything about it.

bigbulls 08-25-2008 08:34 PM

RE: Tresspassing to find a mortally wounded animal
 
Don't you have to trespass in order to get permission to retreive a downed deer? Aren't you breaking the lawsimply by driving or walking up the driveway? Did you have prior permission to walk up to the land owners house and knock on the door? Wouldn't the land owner be within his legal rights tofile trespassing charges as soon as your foot or tires touched his property.

I know that there are some states that allow the use of lethal force for trespassing on their property. I sure would hate to get shot because I was walking up someones driveway at night to ask for permission to get a deer.

See how stupid this could get with somone like this land owner?

Go get the deer and then you only have to break the law orrisk your lifeonce and at least it would be while you were getting the deer that you shot.

Austin/WI 08-25-2008 08:40 PM

RE: Tresspassing to find a mortally wounded animal
 

ORIGINAL: bigbulls


"Would you knowingly break the law to retrieve a DEER"?
Doyou knowingly break the law when you drive 10mph over the speed limit. Do you knowing break the law when you do not come to a complete stop at a stop sign? Everyone knowingly breaks the law every single day of their lives. So it find it a just little hypocirtical of anyone that would call the cops in a situation like this.

I would certainly step over the line a few yards to retreive a deer. Whoopty doo.... so Istepped30 or 40yards onto someones property to get a legally shot deer, someone bettercall the police. [:o]The deer didn't lay there dead and rot and go completely to waste like it did in this scenario with Babe.Shame on the land owner!

I know ther are a lot of easy going land owners out therebut there are a bunch that need to just lighten up quite a bit. I didn't see the show but it sounds like the land owner in this show is one that needs to lighten up.
Great post BB. You summed it up better than I could ever put it. In this type of situation, Landowners with the "Holy than thou art" attitude are the problem - not average Joe hunter just trying to do the right thing for the animal. I saw the show this morning and think he (Babe) did the right thing. They went over the property line a little bit took a look around - didn't see the deer. Went to get permission and got turned down. Nothing more he could do about it really. If I remember correctly the person that found the deer said it was another 100 plus yds from where Babe had last searched - meaning that the deer was probably a good 150 yds onto the property he tried to get permission to trek on.

bigtim6656 08-25-2008 08:41 PM

RE: Tresspassing to find a mortally wounded animal
 
well it has been on here a few times. i think hunters need to respect peoples rights to say who can or can not cross there land. here you must get permisson. a guy told me if you call the dnr out they will more then likly tell the landowner to let you go get the deer with the dnr officer

OHbowhntr 08-25-2008 11:06 PM

RE: Tresspassing to find a mortally wounded animal
 

ORIGINAL: GMMAT

The "questionable" or "interpretation of the law"has been taken out of the scenario for you here, guys.

IT IS illegal in the scenario depicted. Now you just have to ask yourselves if a deer is worth you breaking the law for.

YES, because I chose to endthat animal's life, then I'm willing to go onto someone else's property to retrieve it, whether they like it or not. But at the same time, my land is open to anyone who shoots and animal and it runs and dies on my property. And whether that deer be a Boone & Crockett buck, or a 100# doe, I'm gonna go get it. That may sound "REDNECK" to you guys, but I have MORE RESPECT for that animal than some irrational JackHOLE that doesn't want me tracking an animal on his/her property, and I OWE that animal that respect for the decision I made in taking it's life.


907Alaska 08-25-2008 11:10 PM

RE: Tresspassing to find a mortally wounded animal
 
California you can retrieve it, as long as you are ecorted by a DFG officer (if you can get one there), other than that...No Trespassing is No Trespassing.

GMMAT 08-26-2008 04:01 AM

RE: Tresspassing to find a mortally wounded animal
 

See how stupid this could get with somone like this land owner?
I know....and all over a DEER! It's crazy, huh?

I'm not sure who the offended person is when I drive 40 in a 35. Haven't figured that one out. The state? OK;)

As long as you who say you would trespass will admit that the DEER is worth you breaking the law for.....I have no issues with it. But we can leave the landowner out of it. By denying you entry.....he's doing nothing illegal. You would be.

The rights of the landowner is something our country's foundation is built on. I just don't like to see them taken so trivially.

Especially over a DEER.............[&:]

peakrut 08-26-2008 04:40 AM

RE: Tresspassing to find a mortally wounded animal
 
James you see my previous post, wardens dont have authority to persue trespassers. Only go after the deer if taken illegally.

ORIGINAL: James Vee

Call the game warden. The property owner may own the land, but he does not own the game on it. The state does. Have a good relationship with your wardens and this will never be a problem for you.

Rickmur 08-26-2008 04:46 AM

RE: Tresspassing to find a mortally wounded animal
 

Aren't you breaking the law simply by driving or walking up the driveway?
Sorry BB, but the answer is no, unless he had it posted.

James Vee 08-26-2008 06:16 AM

RE: Tresspassing to find a mortally wounded animal
 
Peakrut, that is correct. It is up to the county sherriff to pursue trespassing violations.

bigbulls 08-26-2008 07:50 AM

RE: Tresspassing to find a mortally wounded animal
 

Sorry BB, but the answer is no, unless he had it posted.
That would depend on the individual state.

So how do you ask for permission to retreive a deerif the property where the land owner livesis posted?
Say he lives on 500 postedacres that borders your hunting property and the deer ran onto that posted 500 acres. If you walk onto his property to ask for permissionyou are trespassing.... if you go get the deer you are trespassing.

What do you do?

SteveBNy 08-26-2008 08:08 AM

RE: Tresspassing to find a mortally wounded animal
 

So how do you ask for permission to retreive a deerif the property where the land owner livesis posted?
Say he lives on 500 postedacres that borders your hunting property and the deer ran onto that posted 500 acres. If you walk onto his property to ask for permissionyou are trespassing.... if you go get the deer you are trespassing.

What do you do?

You work this all out PRIOR to the start of season.
Should be a part of our prep - every bit as important as sighting your bow, etc.

Steve

cterbow 08-26-2008 08:16 AM

RE: Tresspassing to find a mortally wounded animal
 
to make it short i would go and get my deer. people can be really stupid over something like that. when it doesnt have to be a big deal.

Pops423 08-26-2008 08:33 AM

RE: Tresspassing to find a mortally wounded animal
 
I finally saw the episode last night and I don't know. First off, that was just a bad shot. No two ways about it. They should have never even started tracking that buck (see Rob's post) until the next day.

It just seemed all too staged for me and maybe that was the point of the show to talk about landownder/neighboring property relations and raise a valid discussion which I think it did/has.

silentassassin 08-26-2008 08:34 AM

RE: Tresspassing to find a mortally wounded animal
 

You work this all out PRIOR to the start of season.
Should be a part of our prep - every bit as important as sighting your bow, etc.

Steve
It's still tresspassing when you walk over there before the season starts. The only way to accomplish this without tresspassing is if you happen into your neighbor somewhere off his property, but again you aren't "taking care of this before season" with this method, you are merely relying on fate to bring both of you together. Unless of course you park at the person's entrance and "stalk" them waiting on them to come in and out. I don't see any issue there......:eek:

bigbulls 08-26-2008 09:08 AM

RE: Tresspassing to find a mortally wounded animal
 

It's still tresspassing when you walk over there before the season starts.
Exactly. It's not like the law says that it is only trespassing during deer season.

So what do you do? Is there anything you can do other than trespass?



GMMAT 08-26-2008 09:13 AM

RE: Tresspassing to find a mortally wounded animal
 
Maybe simply call the guy?

dmen 08-26-2008 11:40 AM

RE: Tresspassing to find a mortally wounded animal
 
I watched this episode with babe winkelman, he said that he had the legal right to track his animal on the land but instead chose to abide bythe landowners request that he not go on his land.

If it is my animal, I amrecovering it regardless of the landowners desires

bigtim6656 08-26-2008 01:24 PM

RE: Tresspassing to find a mortally wounded animal
 
if i choice to recover the deer weather i had permisson or not i would not ask the owner unless i was sure he would say yes. It would look harder on you if you were told no and did it anyway.
As far as i know the first time you tresspass they can not do anything but give you a cheap ticket

ORIGINAL: dmen

I watched this episode with babe winkelman, he said that he had the legal right to track his animal on the land but instead chose to abide bythe landowners request that he not go on his land.

If it is my animal, I amrecovering it regardless of the landowners desires

Lanse couche couche 08-26-2008 01:25 PM

RE: Tresspassing to find a mortally wounded animal
 
Not to beat a dead horse, but it always helps to work with adjacent landowners to work out some sort of mutual right to retrieve arrangement. Having said that, there can can be a very fine line between someone enforcing their property rights and being a first class penis, especially if they are a fellow hunter. The type of people that would say no under those circumstances are generally the same ones who would come on your land without permission in a heartbeat to retrive a deer if the tables were turned.

bigtim6656 08-26-2008 02:36 PM

RE: Tresspassing to find a mortally wounded animal
 
well i had some land in ky a small tract. It had be let go for years. so i was working on making it a little piece of deer heaven.
On one day i caught two guys tresspassing who had rifles no orange vest. And it was not gun season.
I told them to leave and not come back. I also informed them i atleast three or four times a week would target shoot my ar15 that shoot 700 rounds a minute and the land was small and i would hate to shoot one of them not knowing they were on the property.

I then caught another guy whos said he was scouting for deer. i told him it was private land.

If someone knocked on my door and said i shot a deer can i go get it. I would say yes and help them find it.

But if i was to find someone tresspassing saying i shot a deer and i am looking for it. i more then likly would tell them to leave.
That is not to say i would not go get my deer on another property.
But i would ask before i did.

thing down there. you do not tresspass without permisson if you do you might get shot.
also i knew everyone around me and would have had no proplem getting my deer

ORIGINAL: Lanse couche couche

Not to beat a dead horse, but it always helps to work with adjacent landowners to work out some sort of mutual right to retrieve arrangement. Having said that, there can can be a very fine line between someone enforcing their property rights and being a first class penis, especially if they are a fellow hunter. The type of people that would say no under those circumstances are generally the same ones who would come on your land without permission in a heartbeat to retrive a deer if the tables were turned.

Cougar Mag 08-26-2008 02:48 PM

RE: Tresspassing to find a mortally wounded animal
 
What do you do if before season an adjacent landowner says NO to allowing you to retrieve a deer that travels on his land? What if the adjacent landowner who turns you down hunts the property you hunt as well? Do you:

1. Not hunt on the property
2. Hunt the property but not retrieve the deer if it crosses
3. Retrieve the deer

tenpointer65 08-26-2008 02:50 PM

RE: Trespassing to find a mortally wounded animal
 
I respect landowners, but if they deny access to their land for no reasonand would rather let the deer waste away or take it for himself without tagging it, I lose all respect for that landowner. YES, that deer does deserve the respect to be retrieved rather than end up coyote food.

If the landowner gives me permission but wants me to wait till he can accompany me I will respect that and abide by his wishes. I will make every effort to gain permission. If I am denied and decide to trespass it is my sole responsibility and will be willing to suffer the consequences.

Probably 9 times out of 10 they will let you get your deer.

Cougar Mag 08-26-2008 02:55 PM

RE: Trespassing to find a mortally wounded animal
 
Good response tenpointer65.....I completely agree.

OHbowhntr 08-26-2008 03:26 PM

RE: Trespassing to find a mortally wounded animal
 
Plain and simple, there really is NO reason for any reasonable person to not allow you entry to recover an animal unless they have something to hide, or are just plain being a JACKHOLE!!!! I'm not trying to gain entry to stir up anything, or to find anything they don't want people to know about, I'm doing my job as a responsible hunter recovering my animal. This isn't about respecting the animal more than someone's civil rights, property ownership and respect has nothing to do with retrieving a deer, it has to do with repeated trespassing, destroying one's stuff, etc. In all honesty, I don't know very many guys in my area that WOULDN'T go get their deer even against the owner's wishes. But that just may be the REDNECK'S of SE Ohio. Again though, if that person wants to be a JACKHOLE, I DO have much more respect for the deer than the person or any of their "rights."

This isn't about "the foundation of this country...." THAT'S @%&$'ing BS!!!! The "foundation of this country" was made of people who hunted and fished and USED to have mutual respect for each other, were "NEIGHBORS," not people who live in the same proximity but have nothing to do with each other. There NO REASON for ANY LANDOWNER to deny you entry to recover an animal as long as that is what you are LEGITIMATELY doing. You're not going to "SCENT" there place up and keep deer from coming through if they're a hunter worried about that, dragging a dead deer through will certainly do it's job to cover over your scent.

SteveBNy 08-26-2008 05:06 PM

RE: Trespassing to find a mortally wounded animal
 
If someone has asked prior to season and I've denied them, then I have a good reason.
Usually linesitters hunting our property instead of their open fields bordering us.
One who is denied has 5 acres we surrond on 3 sides.
He sets up on the inside corner line tree with his stands hanging over and facing our property.
Everthing he shoots at is on our side. We catch him - straight to court.

Or they are the ones who we have caught claiming to be on a blood trail - with no blood trail ever found.
If caught,straight tocourt everytime - no warnings.

If they have not asked and are caught in season, they may get a warning depending on their attitude and if the evidence supports their claim.
Bad attitude, lying, or 2nd time - straight to court.

We have this worked out with most of the neighboring landowners.
They/we allow recovery with notice prior so we do not bust their hunt.
The rest either refuse to play nice or are off from bordering state land.

No reason not to have this worked out ahead of time.
Not hard to do the right thing - unless you can't be bothered.

Steve


kacey 12-31-2019 11:29 AM

In my state you can not come on my property without my permission and getting caught has big consequences. If you come on my property for any reason with a gun and get caught that's felony trespassing and will result in bigger consequences. My property is fenced and posted and all gates are locked. There are big signs on each entrance that states no one is to enter without permission. If you shoot an animal and that animal comes in to my property you better call me before you come on the property (my numbers are posted) or you will be facing the judge. The reason I'm so strict is that
1. It's my property not yours. You do not have any rights to my property except that which I give to you.
2. I've seen several occasions where somebody shot a deer or hog on my property from adjacent property then claim they shot it someplace else and track it on to my place. It's pretty obvious when this happens and it is illegal to shoot into someone else property (or across road) without permission.
3. Finally in my state if you come on my property (even if you come on illegally) and get injured for any reason there is very good chance I'll get sued. In most cases the case will get dropped or thrown out but it cost me money to get it that far.

The reason I'm posting this today is that a "hunter" shot a deer on my pasture from the road last night and came on to my property to retrieve it. Lucky me last night I was out waiting for sounder of hogs that's been rooting my pasture and saw everything. I called the sheriff office and the game warden when the fool took a shot and by the time he was on my property the game warden showed up and the deputy was only few minutes behind. The fool was caught with a dead doe and a handgun in his pocket so he's looking at some serious consequences.


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