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Permission gone bad....take a look
My father and i went to get permission from this farmer and when he was giving us permission he drew out a map of what we are allowed to hunt. Then when me and my dad went to set in this feild to hunt turkey, we got busted by the gamewarden because we was on the wrong property, all because the farmer drew in the wrong feild. we got fined $175.00 dollars along with two other guys who shot two turkeys in the same feild and only got the fine, did not get their turkeys taken away......Bull Crap......Tell me what you think.........thanks
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RE: Permission gone bad....take a look
If i had showed the Game Warden the map and explained the misunderstanding and he still stuck it to me, I would look him up for a little chat when he is not on duty. it does sound like something that you could have fought in court, but the lawyer fees would have been more than the fines.
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RE: Permission gone bad....take a look
That doesn't make sense. The farmer drew the wrong field? If it were my own land, I don't think I wouldmake a mistake by drawingsomeone elses land. Sounds a little fishy.Are you sure you didn't make a mistake and go to the wrong field? Maybe he did it on purpose. I would hope he didn't though. Did you talk to the farmer and tell him what happened?
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RE: Permission gone bad....take a look
Bad deal, but it is still your responsibility to make sure you are on the right property. Even if I get permission to hunt somewhere, I check my plat book to make sure of the boundries. Directions and map drawings by someone leaves to much room for error. I realize you meant no harm, but you really should have checked.
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RE: Permission gone bad....take a look
Platbooks arent always foolproof either. According to mine, i didnt own the land that i bought in 2003 until 2005. This is just one of those instances where lack of common sense and understanding has given game wardens another black eye in public opinion.
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RE: Permission gone bad....take a look
maybe its just me, ive had a rude awakening about the law and I guess now is your turn......
ignorance is no excuse is how the law would see this, you were on the wrong property.....trespassing etc....you broke the law and got punished, may not be right or fair, but you did something illegal and were punished accordingly. Showing the farmers map may pull some favor but again, unintentional....but when it comes down to it, you were on land you weren't allowed to be or shouldn't have been. I understand it was a simple mistake....like who'd of thought to make certain you were on his land etc.... laws are laws and if you break em you can be punished up to the maximum....something to remember, not well most likely youll only be fined, or let off, etc..... if they want to they can do what they want, or is allowed under the law/punishment, and saying the other guys didn't get their turkey's taken, isn't an excuse. I wish we lived in a world where fair was fair, but we don't. |
RE: Permission gone bad....take a look
Did you walk past any No Tresspassing signs? Also when I got caught tresspassing (accidental) it was up to the land owner weather or not to press charges. I was able to explain to him that I was basically lost and nothing came of it. Did you try to reason with the land owner.
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RE: Permission gone bad....take a look
It could be you made a mistake or the farmer drew a bad map (unlikely but I've seen people draw maps that are hard to follow) OR, you were set up!
You might at least talk to the farmer. At least by that you might be able to tell if a mistake was made or if you were set up. Either way, you'll still have to pay! There's not much in life thats "fair!" Some minor "mistakes" are instantly fatal! This one just cost you money, live and learn! |
RE: Permission gone bad....take a look
Time to get a Lawyer and fight for your rights....the person that owns the other property would have to have called the Game Warden and then press charges against you.I would find out exactly who's property you were really on and try to explain what happened...maybe the guy would understand your situation maybe not but it is worth a try?I hope things work out for you and you still get to hunt there....on the correct piece of property?Heck,maybe the 2 Land Owners have been fueding for years about who owns what piece of property and you happened to get stuck in the the middle of the Hatfields and McCoys! :eek:;)
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RE: Permission gone bad....take a look
You will probably be told that ignorance is no excuse.
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RE: Permission gone bad....take a look
ORIGINAL: Tuco Bad deal, but it is still your responsibility to make sure you are on the right property. Even if I get permission to hunt somewhere, I check my plat book to make sure of the boundries. Directions and map drawings by someone leaves to much room for error. I realize you meant no harm, but you really should have checked. |
RE: Permission gone bad....take a look
Go fight it in court and get your money back. As long as you still ahev the map. WCL
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RE: Permission gone bad....take a look
Guys,
Yes, ignorance of the LAW is no excuse. BUT, breaking a law that you know exists based on misleading information is a different issue. It would be like getting busted for tresspassing because somebody gives you a wrong address for a cookout and you wind up setting up your grill and ice chest in the wrong backyard. Again, its one of those deals where one would hope that the landowner and gamewarden would both use a little common sense. 'Nuff said. |
RE: Permission gone bad....take a look
ORIGINAL: Lanse couche couche Guys, Yes, ignorance of the LAW is no excuse. BUT, breaking a law that you know exists based on misleading information is a different issue. It would be like getting busted for tresspassing because somebody gives you a wrong address for a cookout and you wind up setting up your grill and ice chest in the wrong backyard. Again, its one of those deals where one would hope that the landowner and gamewarden would both use a little common sense. 'Nuff said. |
RE: Permission gone bad....take a look
Thats why you rarely see such game wardens more than 50 feet from their vehicle, because they dont want to see it getting towed back to the station on four flat tires if they turn their back on it for more than a few minutes.[:@]
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RE: Permission gone bad....take a look
I would think that game wardens hear the excuse all the time of "I thought I was on the right land". Some of them are telling the truth, some of them aren't, but it will ultimately be up to the judge and I doubt many of the judgeswill go against the game warden's opinon.
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RE: Permission gone bad....take a look
Its one thing to have someone offer the same old lame excuse without any supporting evidence or witnesses, but having the farmer testify that he drew the map would put a somewhat different spin on things.
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RE: Permission gone bad....take a look
If he drew an incorrect map it would help, but how do you draw an incorrect map of your own land?, as the original poster stated. I have chased hunters off my property on two occasions. Both times they came up with the usual excuse, I didn't know I was across the boundary line. I'm sure wardens and landowners dohere this all the time. It won't stand up in court though. The hunter is responsiblefor knowing where he is. I did not prosecute the trespassers on my land. I just politely told them they don't need to come back. I was nice about it. I haven't had trouble since. It's not the game warden's job to prosecute anyway, it's the landowners. If this story is true, I don't know why the landowner would even prosecute, being that it was a total misunderstanding. Something is missing with this story. If everything the poster said is in fact true, then there should be no prosecution. If the landowner and warden work together to prosecute, thenthey are both asses.
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RE: Permission gone bad....take a look
Agreed
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RE: Permission gone bad....take a look
Map or no map its still your responsiblity to know where you are and have permission. In CO you could have lost your gun, vehicle and freedom for trespassing.
An honest mistake is by definition still a mistake. |
RE: Permission gone bad....take a look
as far as the warden goes, its possible that the owner of the property has had problems with tresspassing before and hasasked the warden to charge anybody he sees on the property with tresspassing. its a shame that the warden cant use his discretion in this case, which he should have. But when the public complains enough to a sheriff, chief, or supervisor ofa law enforcement agency, discretion goes out the window and the officer isgiven direct orders. That may be the problem in this case.
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RE: Permission gone bad....take a look
As one of my not-so-bright foremans said: " common sense is not in the book!"
To the Wardens defense though, they hear every excuse in the world! I doubt very seriously that you can win, so theres not much use in throwing good money (and time) after bad! Chalk it up and move on! |
RE: Permission gone bad....take a look
Let's look at this - from my point of view.
We owned 106 acres in an area of over 1000 continuious acres. Not a house in any direction for 3/4 of a mile. Our place - was posted - by me. One day I was hunting doe's on our land. After I shot 3 times, there was 2 shots that came from the mountain laurel. I walked up to see who it was, and it was another hunter. Only this person didn't have permission to hunt there. He introduced him as so and so and told me that he was a Pennsylvania State cop. Not only did he shoot a doe there, he also bragged that he had shot a nice buck there in archery season. If you know me - I hate archery hunters. I told the son of a flower to take his deer and get and not come back. After all - he is a cop and cops sticks together and even if I called the game warden - he wouldn't do anything - because they all stick together. A couple of years down the road, I was at a party where a buddy that wasn't quite 21 years old - came to the party drunk. Someone reported a party in the woods and the State Police came - guess who - yep Trooper so and so. 3 hours later - I was sitting in the State Police barracks and was under arrest! Any other cop = might have told me to take him home and make sure that nothing happened to him and not to start the party back up again. That guy had a grudge - as a matter of a fact - they had a description of my car and truck on the black board in their ready room where they had their daily meetings. Public Enemy #1 In your case, Yes you did have permission. But - I think that you are pulling my leg here - if you say that you didn't know that you were on somebody else's property. In Pennsylvania - for a Posted Sign to be Legal - you must sign your name on the sign in INK! Furthermore - I think that you figured that you could get away with going on someone else's property - because that was where you saw the Turkeys in the first place. The Game Warden - didn't just happen to drive down the road and catch you, he was called. The land owner knew that you were there and as soon as he heard the guns go bang - he knew right where you were and what you was up to - and he was just lucky that the game warden was near by and came as soon as he did. You got BUSTED because of your own stupidity - and now you have the balls to come on here for support. I have hunted Turkeys for 25 years and I can tell you that I would never set up in a field where there was other Turkey hunters. First off - because there are only so many turkeys to go around and second off - it is a good way to get your butt shot. If you were stupid enough to set up someplace public - where there were other turkey hunters and one of them was dumb enough to think that maybe he could sneek up on one of those turkeys and took a pot shot in the jing weeds at you - you would be spitting #4 shot from now till next week. Someone I know - had just that happen to them 20 years ago. Only the person that shot him was his cousin - and he never hunted again. The guy that got shot - never spring gobbler hunted again. Your I didn't know story doesn't hold water. Tell it to the judge. |
RE: Permission gone bad....take a look
Gosh Rifleman, I'll bet you can even tell us his birthdate,ideal weight, and even how he last cheated on his taxes. [8D]
Could you give me a hand with picking an lottery number?[&:] |
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