There's always some crap when hunting other peoples property. I have been hunting a good size of woods and swamp for a buddy going on 3 years now. I have full permission including keys to all the gates. I never have to call ahead and have never had to in the past. My buddy works overseas and is gone for 30-90 days at a time. He had told me in the past that 2 other people had keys but didn't hunt much. In 3 years I never encountered either of them. It's a big piece of property and I mostly hunt far back in the swamp on the ridges anyway. When we knocked off this afternoon me and one of my hands decided to go shoot some woodducks. We finished our hunt and headed back to the truck. As We turned the last curve of the trail we could see lights around my truck. As we get closer we were greeted by a sheriffs deputy gun drawn and light in our eyes. We had to go through the whole ordeal. Raise your hands, do you have Any other firearms on you besides the ones on your back? Are the guns loaded? Is there one in the chamber? He then removed our guns from us. All the while pointing his pistol right at my face. After that he Made us get up against the vehicle where we were frisked. Then another series of questions. What's your names? Do you know who owns the property? Do you have permission to be here? ( keep In mind my truck is parked behind a locked gate). So I tell him the owners name and he makes me call him. I get no answer. He calls a guy over from across the street. I know the guy but not from the property. The deputy ask him to call the owner. He gets no answer either. The guy starts telling the deputy nobody else has permission to hunt there but him and the owner. They are suppose to be the only ones with keys so the deputy should just go ahead and arrest us. (I really think the deputy thought about it. Don't forget now my truck is parked behind a locked gate that we had to unlock to pass through! Just as the deputy is finished thinking about slapping the cuffs on us the other guys phone rings. It's the owner. The deputy talks to him and gets the all clear. This has me floored tonight. #1 I don't take kindly to be harassed when I'm doing everything perfectly within the law and # 2 I don't like any goberment official removing my gun from when I ain't did a thing wrong.

End RANT!!


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you should of asked him if he had permission to be on the property !!!!

you should have told em you know w , done a few figure 8's n been on your way

Give a man a badge, think hes Wyatt Earp! Its the Newnited States of OBAMA!! Shameful for what our vets fought for GOD BLESS THEM!

^^^^ THIS :D

Sounds like they definitely overreacted by having guns drawn and POINTED at you.
Sorry you had a crappy afternoon.

Next time you see the guy that was trying to get the cops to arrest you he needs to hear a piece of your mind.

No crap I found it really funny that the two people accusing me of trespassing were the ones on the outside of a locked gate.


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Oh he got a piece of mine. I told him next time I see his truck out there I'm gonna call the Sherif so he can send a deputy to play with his ball sack too.


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File a complaint for making a false report. The man who made the false report put you in danger, and he manipulated law enforcement in order to do it.

I would have made the block, made sure the cop was gone, and commenced to whooping ol' boy's azz!

Wanna know how good I know ol' boy? Im one of 3 electricians in town. I have to go through him all the time when working on services. The fact that he knows me so well pisses me off the most. He only knows my gmc and not the Chevy so didn't recognize it.


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let me get this straight, you brought somebody with you to go hunt someone elses property?

not cool.

if i owned the property that would be your last hunt.

no animosity here, just my .02

and him callin the cops was a cowardly thing to do.

My buddy who owns the property did not have a problem with it. I can see your point if you would be worried about lawsuits and such.


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Correct me if I'm wrong, but it seems logical that only the owner of the property has the right to press charges on someone for trespassing. I think the ole boy and his buddy officer were just trying to get you off the property. No telling what the ole boy is doing on the property, without the owner's knowledge, while he is overseas. May be a good grow in them woods. Or a little shine operation. I would go searching. What took three years to finally cause this issue? There's always something else to the story.

First off the only person that can file any complaint or charges would be the land owner. But when hunting someone else's property u should have written permission on ur person just for what u encountered.

One of the first things the deputy told me was the guy that takes care of the property contacted us and said there was an in known truck on the property.


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Man that really sucks!! That will sure ruin a good trip, and give you that not so fresh feeling every time you go back now. Sounds like a big over reaction to me,especially when you had keys to get back there. I could see if you had busted through a gate or was jumping over a fence.

when hunting someone else's property u should have written permission on ur person just for what u encountered.[/QUOTE]

Times ten. That's how we do it around here, cause you never know if my phone is working or not, had the game worden take a couple friends of mine off cause I wasn't here and they couldn't get ah hold of me. Didn't press charges cause told them they were welcome but never got them the paper in writing for them to have in there pockets.

to me the keys should have proved you knew the land owner! Cops are too damn stubborn some times and forget about common sense!

You are absoulutely correct, only the property owner can press charges?

Where
 

What parish did this take place in?

Another internet lawyer!!!! - Geez, when are you guys going to think before you type!? So, if I'm at work and my neighbor calls 911 saying someone is on my property and they are not suppose to be there, then it's up to me to file a complaint and get LE out there........uh, no -that's not how it works. When a complaint is filed, they have a duty to respond.

And as far as the gun draw, I'm not going to arm chair quaterback the deputy. I wasn't there. Do we know what was told to him before you arrived back at the truck? Nope - he could have been told there has been signs of a meth lab on the property, at which time I probably would have drawn on you also. We don't have the other side the story here!!!

As far as the locked gate, I have had to remove people from homes that had a key to get in. Happens all the time. The gate/key is of no use to the man not knowing who has the right to be there.

Feel free to walk in our shoes and see who overracts! I love how the deputy was called to the scene, but yet he is the bad guy here. He didn't just pick this piece of property to drive to, get out, and wait for TWO armed subjuects. He was called there and has TWO guys with guns. Yes, they were hunting, but how does he know that????

i get what you are saying, but I think what are saying is that the property owner is the one who press charges if he chose to do so.

Nope, this is not a civil case. It is called criminal tresspassing, and the owner is not needed to file charges. Now, you better dang well have it together otherwise the DA kicks it out (ie., the land owner should be contacted someway before filing).

4 points of view:

From sheriff's standpoint:
2 armed subjects + unknown vehicle + NIGHT time = I would be a little more 'edgy' in the sheriff's shoes. No written permission, they tried to call landowner and no answer, so they were just following procedure

From MarshRats standpoint:
Didn't really do anything wrong or at least anything he hasn't done in the past, the unknown vehicle is what prompted this. Probably should have had written permission OR if his buddy would have answered the phone 1st time it would have been cleared up quickly

From W's standpoint:
Doesn't matter, the weirs are open so don't care bout nothing else

From MathGeek's standpoint:
This is clearly a violation of Amendment X,Y,or Z and the sheriff's department should be sued and held accountable for harassment and badges should be taken away from them. They should be tarred and feathered publicly as this is clearly an example of DRACONIAN SANCTIONS!

:rotfl:

even though it was a unpleasent experiance, maybe now the neighbor will realize that he needs to not be so quick to call the po-po and will learn something from it.

good luck on the hunting season!!!!

He didn't do anything wrong at all. Give me a break. This is nothing more than another case of over zealous law enforcement.

Not taking the bait

It's not a case of "who's righter and who's wronger". The dude was 100% legal, just trying to enjoy an afternoon hunt, on property he had permission to be on. He was harassed, take the blinders off.

He didn't have any PROOF of permission to be hunting there. I am not taking sides, but I can clearly see both sides of the argument (i.e. no blinders). Think about it from the sheriff's side (i.e. no blinders), he gets a call there is a possible trespasser (two armed men don't forget), there is no proof they are to be on the property (no written proof, no verbal proof) for all the sheriff knows they ARE trespassers at that time.


Answer this - What was the sheriff supposed to do? Should he have just let them go? :shaking: (there is not one shred of evidence they are NOT trespassing remember:eek:)

It was a complicated situation and I would have been pizzed too if I got frisked but I bet you I would have written permission next time I went out there:grinpimp:

dammit, this thing is gonna go 20 pages!

I don't Blame the deputy for being on guard when we first walked up armed. The frisking however was overboard. We were compliant from the start and answered all questions respectfully. The answers to all the questions he asked should have further proved our innocence. I can promise y'all I will have written permission from now on. How does any law enforcement officer know I just didn't write that out my self though? Does it have to be notarized with 3 witnesses or something?


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All written permission does is identify land owner, usually has contact information, and a signature. Thus, it becomes a civil matter, not a criminal one. If I arrive at the scene where the complaintant is not the landowner, and the tresspasser has a written authorization to be there, then I would document who's who by ID, and advise the complaintant to have a nice day. I would instruct the complaintant to notify the landowner and if the landowner did not issue the written authorization then I would advise him to come in and sign a complaint on the tresspasser. Then I would issue a summons to the tresspasser to appear in court and let the judge sort it out. Written authorization does alot more to protect the hunter than one can imagine. And as a landowner, make sure you
A)- Put an expiration on the written authorization (ie., annual renewal) or
B)- Send written notice it is revoked certified mail.

Otherwise, 15 years from now, when your grandkid is hunting your land and Joe Blow from 2013 shows up to hunt with a note that is old as dirt, nothing can be done by the deputy on the scene since he has the owner's signature.

Over Zealous Popo

So now we have to PROVE were innocent? This was America, the burden of PROOF used to be on the state. I guess it's no big deal anymore to be questioned, harassed, frisked, and detained everytime you go to enjoy a hobby. Pass me some of that Kool-Aid!

I know. They like a lil government control nowadays. Look at their prez!

Nice strawman because I am sure every single time MR goes out and 'enjoys a hobby' he gets questioned and harassed and frisked:rotfl:


You forgot to answer this question:

What was the sheriff supposed to do? Should he have just let them go?

He should have used a little common sence to see that they were BEHIND a locked gate and ket his pistol out of MRs face.

I haven't commented on the pistol in MRs face, no sir not going there:shaking:. Just saying to look at it from the sheriff's side as far as thinking MR was a trespasser. From the sheriff's standpoint he sure fit the bill to be a trespasser (no proof of permission to be there). Glad it all got cleared up and its a lesson learned

Being behind a gate means nothing, I am sure no one trespasses behing a locked gate right?:grinpimp:

I did answer the question. But let's look at your whole quote and not take a cherry picked question out of context. You stated this;


Which I replied that it's not up to us to PROVE were not trespassing. You're so concerned with what we expect the deputy should've done. I'm more concerned with what he shouldn't have done. We'll start with pointing a loaded gun at my face when I haven't broken any laws, then playing graba$$ by frisking me. But let's take up for the deputy, we'd hate for him to be bullied on an Internet forum!

Jordan, make another batch of popcorn!

You still didn't answer it, you didn't tell me what the sheriff should have done just told me what your interpretation of the law is:shaking: Should he have let him go with the evidence he had at that moment? (don't deflect with the gun to the face, tell me what that deputy should have done).

Refuse a breathalyzer test and tell me they have to PROVE you were drinking before they take you to jail:grinpimp:


damn this is a lasportsman thread:rotfl:

That's the problem. Now days you are guilty until you prove yourself innocent.

If I was you I would forgive and forget. I don't think you win the day by being angry at the guy that called the cops, or at the cop for the way he reacted. It is better to build bridges rather than burn them.


You said you been hunting there 3 years and this is the first time this has happened, so in reality, not all that bad.

You get to hunt a huge piece of property for free

You get a duck hunting pond for free

You can bring people with you for free

You have a key, so only you and a select few can get in

Look at the bright side, be grateful, and good luck the rest of the season. By the way, did ya'll kill anything?

Sheriff shows up to a call from a guy that does not own the land, talks to Marsh RAt. Marsh Rat says he has been hunting with permission on john Doe's land for 3yrs. At that point the frisking and gun waving should stop. Sheriff should have asked the D ic k that called the cops how he knows that marshrat doesnt have permission. Marshrat knows land owners full name and phone number, D i ck that called the cops could have confirmed the info to be true. Sheriff sounds like he is a D i c k too.

He was right to try and contact the landowner. If the landowner could not be contacted then it's your word against the jack off across the street. Not enough evidence to detain or arrest for trespassing.


Poor deputies........
http://i1106.photobucket.com/albums/...psaef1efd1.jpg

+1

I fit the bill? No sir I can't agree there. My truck not just me was a behind a locked gate. He asked me who owned the property. I answered correctly. He asked if I had permission I said yes. He asked me to call the owner and I had his number saved under his full name In my phone. I ll put myself in deputy's shoes here and say no this man is likely not trespassing. I'm sure many of trespassers have been caught behind a locked gate but not their vehicles


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I agree and believe me I am grateful. I posted this while still hot headed last night. My main thing was all the guy had to do was use some common sense and wait for me to come out. The hunt was great limited on woodies and a few squirrels to boot.


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This is not directed at you MR I am on your side, just devils advocate from another point of view :) (and the last comment is to stir the pot:grinpimp:)


So per some of you on here if I wanted to trespass on someone's land and not get in trouble all I need to do is:

1. get behind a locked gate (extremely difficult to do:rotfl:)
2. when questioned just give the landowner's name (easy enough)
3. give a phone number to the landowner (just make one up but hope the person doesn't answer)
4. ?????

Do these steps and the sheriff should just let you go, you shouldn't have to 'prove' you are not trespassing:shaking::rotfl: and then

5. Profit

















I can clearly see I am arguing with a bunch of liberals here and the reason we have so many dang illegals here - if a cop pulls one over and they have no documentation (or permission from the landowner) the cop has no right to question them and its up to the officer to 'prove' they are illegals. The officer should just let people come into this country per them (or trespass on someone else's property) Amirite?

#potnowstirred:rotfl: