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  #1  
Old 11-19-2013, 09:27 AM
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Originally Posted by Paulox86 View Post
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.
You are absoulutely correct, only the property owner can press charges?
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  #2  
Old 11-19-2013, 03:38 PM
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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?
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  #3  
Old 11-19-2013, 03:52 PM
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Originally Posted by duck enticer View Post
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?
+1
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  #4  
Old 11-19-2013, 04:23 PM
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Originally Posted by duck enticer View Post
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?
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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  #5  
Old 11-18-2013, 09:56 PM
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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.
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  #6  
Old 11-18-2013, 11:37 PM
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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.
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  #7  
Old 11-19-2013, 09:33 AM
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Originally Posted by DA COVE View Post
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.
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.
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  #8  
Old 11-19-2013, 09:55 AM
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Originally Posted by Finfeatherfur View Post
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.
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.
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  #9  
Old 11-19-2013, 09:13 PM
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Originally Posted by Finfeatherfur View Post
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.
Comes from reading the laws since I own land. Never claimed to be a lawyer.
There are many LEOs out there that could gain something from reading them.
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  #10  
Old 11-18-2013, 11:10 PM
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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.
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  #11  
Old 11-19-2013, 08:52 AM
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to me the keys should have proved you knew the land owner! Cops are too damn stubborn some times and forget about common sense!
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  #12  
Old 11-19-2013, 09:28 AM
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What parish did this take place in?
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  #13  
Old 11-19-2013, 10:09 AM
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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).
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  #14  
Old 11-19-2013, 10:35 AM
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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!!!!
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  #15  
Old 11-19-2013, 11:44 AM
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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.
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  #16  
Old 11-19-2013, 12:23 PM
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Originally Posted by Spunt Drag View Post
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? (there is not one shred of evidence they are NOT trespassing remember)

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

dammit, this thing is gonna go 20 pages!
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  #17  
Old 11-19-2013, 02:29 PM
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Originally Posted by Duck Butter View Post
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? (there is not one shred of evidence they are NOT trespassing remember)

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

dammit, this thing is gonna go 20 pages!
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!
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  #18  
Old 11-19-2013, 02:37 PM
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Originally Posted by Spunt Drag View Post
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!
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  #19  
Old 11-19-2013, 02:50 PM
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Originally Posted by Spunt Drag View Post
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!
Nice strawman because I am sure every single time MR goes out and 'enjoys a hobby' he gets questioned and harassed and frisked


You forgot to answer this question:

What was the sheriff supposed to do? Should he have just let them go?
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  #20  
Old 11-19-2013, 02:56 PM
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Nice strawman because I am sure every single time MR goes out and 'enjoys a hobby' he gets questioned and harassed and frisked


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.
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