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  #41  
Old 11-19-2013, 03:16 PM
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Jordan, make another batch of popcorn!
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  #42  
Old 11-19-2013, 03:26 PM
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Originally Posted by Spunt Drag View Post
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!
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 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


damn this is a lasportsman thread
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  #43  
Old 11-19-2013, 03:31 PM
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Originally Posted by Duck Butter View Post
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 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


damn this is a lasportsman thread
That's the problem. Now days you are guilty until you prove yourself innocent.
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  #44  
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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  #45  
Old 11-19-2013, 03:48 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!
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.
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  #46  
Old 11-19-2013, 03:49 PM
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Quote:
Originally Posted by Duck Butter View Post
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 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


damn this is a lasportsman thread
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........
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  #47  
Old 11-19-2013, 03:52 PM
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Quote:
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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  #48  
Old 11-19-2013, 04:11 PM
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Originally Posted by Duck Butter View Post
I haven't commented on the pistol in MRs face, no sir not going there. 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?
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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  #49  
Old 11-19-2013, 04:23 PM
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Quote:
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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  #50  
Old 11-19-2013, 04:25 PM
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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)


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)
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 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
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  #51  
Old 11-19-2013, 04:27 PM
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Quote:
Originally Posted by Finfeatherfur View Post
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 have nothing but respect for law enforcement and agree that being on guard is always the safest bet.

However, I have always been taught not to point a weapon at something that you didn't want to shoot. A gun can malfunction or a loud noise could have startled the officer and then this thread would have never been started.

I don't fault the officer for being ready and even having his weapon drawn. But pointing a weapon (empty or loaded) at a person who is not being aggresive in the least bit is not right.
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  #52  
Old 11-19-2013, 04:35 PM
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This situation should have never gone this far. The guy who called Barney Fife should have been asked if he owned the property first. When he said, "No." then he should have been asked to contact the landowner to confirm there is not supposed to be anyone behind the locked gate. I am sure he had the landowner's phone number just like Marsh did. Once the landowner was contacted and confirmed Marsh had permission, this situation would have ended.

Absolutely no need to go in gun drawn and then ask questions later. Simple police common sense would have solved this but it seems like there is a lack of that in society today.
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  #53  
Old 11-19-2013, 06:47 PM
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You know what's the sad thing. Me the guy who called the cops and the land owner all live within a block of each other and a Sheriff detective lives In between me and the land owner.


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  #54  
Old 11-19-2013, 06:57 PM
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Not a lawyer but, If you read the way the tresspass laws were rewritten. When they made the law that you don't have to put up signs anymore , they also said that unless you own / lease the land. You MUST have written permission on your person from the land owner or you are considered to be trespassing.
ANYONE can call and say you do not have permission to be on someone elses property. And like someone else said, there is no telling what the other person told the LEO. The deputy did not have to try to contact the land owner. He could have cited you for trespass and let you sort it out w/ the judge.
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  #55  
Old 11-19-2013, 08:42 PM
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Goddddd.....Duck Butter sucks so bad
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  #56  
Old 11-19-2013, 08:46 PM
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this thread sucks so bad!
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  #57  
Old 11-19-2013, 09:13 PM
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Quote:
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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  #58  
Old 11-19-2013, 09:17 PM
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Game wardens walk up on "armed" hunters all the time and do not draw their weapon, much less point the damn thing towards an individual.
If the deputy was unsure he should have written a summons with a cool head, not arrest, and this would have been cleared up with the local DA and charges dropped.

The guy who called the cops and noticed it was an acquaintance of the land owner should have used common sense and dismissed the officer. Now he deserves a beating.
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  #59  
Old 11-19-2013, 10:01 PM
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Quote:
Originally Posted by fishinpox View Post
this thread sucks so bad!
Here I'll make it more interesting for ya. This what I kept thinking about doing to ol' boy who called the cops every time I looked at the deputy's tazer gun
http://m.youtube.com/watch?v=jycsQe1...%3DjycsQe1F-sE


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  #60  
Old 11-20-2013, 09:09 AM
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Originally Posted by Spunt Drag View Post
Goddddd.....Duck Butter sucks so bad
Yep, you are mad

There is an LEO on here who has posted great 'cents' on this subject, the laws are to protect the landowner (thank goodness)
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