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Trespassing?

A couple weeks ago I shot a big buck I've been after for a few years. It's quite a story how it all played out but I need some advice. I shot the buck on a Sunday but found no arrow and no blood. Used a drone recovery service to locate the deer dead or alive. The drone service is ran but a good guy who's also a State Trooper in my county. Anyway, 2 days later he was able to find the deer dead. He didn't go but a few hundred yards. I was hunting on family property and when we found the deer they are accusing me of being off the property line 100 yards where he was recovered. My family owns hundreds of acres in that block. The called wildlife officers out and they came to visit me a week later. I got a lawyer because the state trooper also went with me to recover the deer. We seen no fences or no posted signs anywhere. Another week has went by and nothing else has been posted or said. DNR went and took my buck from the taxidermist even though I haven't been charged with anything. What should I do? Any advice would be appreciated

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Trevor Hack
567-231-7413

No possible way it could be a big buck that you are talking about! I feel sure if it was killed on family farm that you also coon hunt on it regularly and EVERYONE knows that large mature bucks will not tolerate hounds being ran where they live!!!!!
Honestly, if they can prove (gut pile) you were on a property without permission, I feel you are guilty of trespassing by the letter of the law. I do not agree with a lot of these laws and I may misunderstand it. Keep us posted tho

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Get deep or Get Beat!

Trevor if they find gut pile 1 yard off ur permission and conclude it the deer u shot, u are responsible for knowing the property lines and more than likely will be ticketed and loose the deer and have to pay the state trophy restitution, it's not right bit it is the law. Happen up here and the man paid over 20,000 and lost hunting privileges and the deer, it scored over 220"., it's a mess hope everything works out

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no doubt!!
Nt.Ch. 2010 World Hunt Finalist Tug River Stylish PJ, Pkc Ch. Nt.Ch. Stylish Polly, Pkc Ch. Nt.Ch. Stylish Cheyenne, Gr.Nt.Ch. Frieds Thunder Crank, Gr.Nt.Ch. Major Dan , Nt.Ch. Lil Red Rat, Stylish Tanks Style

I’ve heard of similar situations. Best case is that it blows over and he gets the deer back! I would hope that he has a leg to stand on that he actually shot the deer on property he had permission on and only recovered it on Nieghbors property. I’m my opinion the deer wasn’t poached, it was only recovered without permission. But I’m not the judge . Keep us posted , hopefully you prevail.

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Get deep or Get Beat!

Sounds like a case where you stand your ground and don't let them buffalo you out of your rack. Whenever the law is involved start videoing immediately it keeps them straight. And if there is no landowner pressing trespassing charges against you then they are guilty of theft.

Some people are a joke man. Jealous people. I know it’s a monster but in the end it’s a dang deer u done no damage to the property. My guess is they was hunting the same deer an are just mad. They should not be able to take the deer when u did not poach to hunt u simply done a recovery an even had a police officer with u so u know that cop would do nothing outta place. Man I hope it all works out an u get ur deer back

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Monongah River Kennel

I"d call the game warden and ask what the situation is? They will likely tell you.

Game wardens pressing a case like that seems to happen- but it is odd. It would be like a city cop taking someone to jail for running a stop sign- technically they could do it; however, it wouldn't fit community expectations.

Remember, just because a game warden may want to cite you for it- a prosecutor still has to want to prosecute it. Law enforcement can develop probable cause and summons you to court.... but they can't "press charges".. the court system is for that.

IF it was to be formally charged I would hire a lawyer- tell your story through the lawyer- via a friendly phone call. Your intent to trespass was obviously ZERO. You caused ZERO damages. Most prosecutors would not want to wast their time prosecuting something like that and wasting the courts time if you were to plead not guilty.

Remember, you can tell your story off the record to a prosecutor.... but officially don't admit to trespassing to the game warden. You have the right to remain silent (sometimes good to use, sometimes not). In this case I would ask the game warden what the status of the case is. I wouldn't answer any questions beyond, my intention was to retrieve the deer on my property and I thought I was on my property.

Someone above said to record your interaction with the game warden... honestly I wouldn't. But my perspective is of law enforcement and I know how silly people seem when they tell me "I'm filming you." Never any retaliation- but you just don't come across as a serious person.

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Seeking Soli Deo Gloria through the hounds.

Trevor

My suggestion would be to mark the location of where you shot the deer and where the deer was recovered by marking these location with a GPS. You have a reliable witness to the recovery location in your law officer. GPS can not be refuted due to the accuracy. Hope this helps. Dave

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Dave Richards Treeing Walkers Reg American Saddlebred and Registered Rocky Mt. Show Horses

Recovering a deer on private property requires permission by land owner no if's, and's, or but's in Ohio. This includes hunting, fishing, hiking, or any other circumstances. Game Warden will investigate the land owners claims pics, gps location, aerial views of property lines, etc then decision whether to charge with trespassing. Cheyenne's post is right on. Game Warden will take his time to cross all T's and dot all I's. The drone used by your friend have real time location and gps location.

You said they claim you recovered the deer 100 yards over, but you didn't say what you claim. Was the deer recovered on your land or not?

You have hunted long enough to know it is your responsibility to know where the property lines are. It doesn't matter if you shot the deer on your property, once it ran onto the neighbor's property it was the neighbor's deer. I can't imagine not letting someone get their deer that ran over on me and checked out.

Ohio law is pretty clear. (#9 covers your situation)

A DEER HUNTER MAY DO THE FOLLOWING:

9. Pursue wounded deer or recover dead deer from private property without the written permission of the landowner.

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ringtail dave

"TREE MY DOG" - NO BETTER FEELING

NAADP Charter Member....... appointed by King Dave himself........

Just to clarify rule 9 A DEER HUNTER MAY NOT DO THE FOLLOWING : NOT missing from above post.

quote:

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Originally posted by houndsound

Someone above said to record your interaction with the game warden... honestly I wouldn't. But my perspective is of law enforcement and I know how silly people seem when they tell me "I'm filming you." Never any retaliation- but you just don't come across as a serious person.

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In this Country you are innocent until proven guilty. This seems a hard case for them to prove. Who saw you exactly where? Has there been a Survey done establishing the exact boundary line? My best guess is you can beat it, but who knows.

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quote:

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Originally posted by ESTEP
Yeah that was me and what's So silly about documenting for your own sake? Have you ever heard of the 1st Amendment? Last I remembered the law is supposed to work for us "We The People". So in this situation where is the other person involved that a crime has been committed against? Did the landowner press charges? BTW I'm very serious

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Seeking Soli Deo Gloria through the hounds.

Trevor

As I stated in a earlier post, you need to use a GPS to record where you shot the deer and where the deer was recovered. DO NOT reveal any of this info to game warden or other land owner until you positively know whose land it belongs to. GPS does not lie, if in fact you were trespassing, DO NOT give this info to anyone and make them prove you were trespassing. Without clear property lines this matter most definitely will Not be prosecuted. Remember DO NOT give the GPS info to anyone if it does not benefit you. If in fact the GPS proves you innocent then use it. DO NOT repeat DO NOT discuss anything with anyone unless it benefits you. Take the 5th if asked anything by the warden, remember anything you say can be held against you in court. Dave

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Dave Richards Treeing Walkers Reg American Saddlebred and Registered Rocky Mt. Show Horses

quote:

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Originally posted by coondog48
Just to clarify rule 9 A DEER HUNTER MAY NOT DO THE FOLLOWING : NOT missing from above post.

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ringtail dave

"TREE MY DOG" - NO BETTER FEELING

NAADP Charter Member....... appointed by King Dave himself........

Re: Trevor

quote:

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Originally posted by Dave Richards
.......Remember DO NOT give the GPS info to anyone if it does not benefit you. If in fact the GPS proves you innocent then use it. DO NOT repeat DO NOT discuss anything with anyone unless it benefits you.... Dave

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ringtail dave

"TREE MY DOG" - NO BETTER FEELING

NAADP Charter Member....... appointed by King Dave himself........

quote:

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Originally posted by houndsound
Yes I've heard of the 1st Amendment- I think it's right before the 2nd? If you read my post you would clearly see my perspective was that this would, or should be, treated like a very minor deal- if any deal at all. I spelled it out that it appeared there was no intent to trespass, and no damages- so I suspected a prosecutor would not find it worth their time to fight / prosecute it.

My point with the citizens who want to film their interactions with law-enforcement was simply that they are not taken all that serious, usually. Anytime you go talk to a person, wanting their help, their perspective, or to share your perspective... well the worst way to do that is with an antagonist and confrontational attitude... and filming a cop is almost always considered a way to say you want and expect confrontation and that you don't trust them. Sure it's your right... but usually hurts more than helps your cause. Basic human communications.

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ringtail dave

"TREE MY DOG" - NO BETTER FEELING

NAADP Charter Member....... appointed by King Dave himself........

quote:

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Originally posted by houndsound
Yes I've heard of the 1st Amendment- I think it's right before the 2nd? If you read my post you would clearly see my perspective was that this would, or should be, treated like a very minor deal- if any deal at all. I spelled it out that it appeared there was no intent to trespass, and no damages- so I suspected a prosecutor would not find it worth their time to fight / prosecute it.

My point with the citizens who want to film their interactions with law-enforcement was simply that they are not taken all that serious, usually. Anytime you go talk to a person, wanting their help, their perspective, or to share your perspective... well the worst way to do that is with an antagonist and confrontational attitude... and filming a cop is almost always considered a way to say you want and expect confrontation and that you don't trust them. Sure it's your right... but usually hurts more than helps your cause. Basic human communications.

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quote:

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Originally posted by ESTEP
You're right because I don't trust them. As for the basic human communications comment I've seen it needing to be applied both ways. In all honesty I actually appreciate law enforcement whenever it is actually needed. But let's be real here this is Tyrannical you know to bully someone out of their deer rack just because they think they can.

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Seeking Soli Deo Gloria through the hounds.

quote:

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Originally posted by houndsound
Well you are certainly choosing a lens to look through, as you said- you inherently don't thrust "them".

Is this a jerk with a badge being a tyrant and a bully (tyrant is too strong)? Maybe- we don't know... you certainly don't know.

Is it a really god Godly man who knows that someone blatantly trespassed- and he's protecting the rights of the land-owner. Maybe the guy who posted this does this sort of thing all the time and neighbors have complained several times... we don't know.. you certainly don't know?

But given the couple facts someone posted on here you are choosing to assume the very worst out of the guy with a badge doing his job.- when you could assume the best out of someone, and try to figure out their perspective in a given situation.

And that was my point... (yes I've been a police officer for 18 years) the type who wants to record me are always the type who are assuming the very worst, and falsehoods about me. They are free to do it- but without knowing me- and telling me you think I'm dishonest and can't be trusted.. it tells me quite a bit about that person.

FYI - I can't tell you how many people through the years have wanted to get their phone out and record me... not once has that person been an employed person, a happy person, or a contributing member of society. Weird? It turns out happy people who contribute to society and know how to communicate with people can talk to law-enforcement like they talk to any other human being (and those good interactions have been 95% of my interactions). So be the guy distrusting the police and thinking you should record everything they do- assume the worst out of them. It certainly puts you in a select part of society. Feel free to respond if you want- but this will be my final post on the matter.

I'll assume you are a good guy and trust you have a good day.

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quote:

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Originally posted by ESTEP
But let's be real here this is Tyrannical you know to bully someone out of their deer rack just because they think they can.

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ringtail dave

"TREE MY DOG" - NO BETTER FEELING

NAADP Charter Member....... appointed by King Dave himself........

I appreciate all replys and info. I thought about not talking with the Wardens at all but I have nothing to hide. Stil have heard nothing since last Thursday when they showed up to question me. I have no idea what to think. I did learn some valuable info from talking with them though. Apparently the land owner or whoever called the Wardens out have had numerous complaints on me. I found that fascinating, considering I've never met or seen any of them in my entire life. So they clearly have a problem knowing I hunt in the area. Really sad. To ringtails comment that it's their deer once it goes on there property I say that's hilarious. Nonody owns any wild animals. I guess with you being a coon hunter and your dog has gotten onto another person's property you've probably just accepted the dog is gone and now belongs to the property owners 😉

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Grand Nite Ch PKC CH(3) Main Street Blueberry Jam(Autumn Oaks Final 4 Grand Nite Ch 2015) UKC world finalist 2017 Ohio State Ch 2018
Grand Nite Ch(4) PKC Silver CH Main Street Blue SS quarterfinalist 2018. Autumn Oaks Grand 16 2018. Senior Showdown semifinalists 2020. UKC top 25 World hunt 2020. PKC quarterfinalist 2020
Grand Nite Ch HOF PKC Silver Ch Heatseaker Unleash the Kraken(Grand at 15 months old) BBOA Overall 1st place X2, Tournament of Champions Finalist, National Bluetic Days overall winner, Autumn Oaks Grand 16x2 PKC SS Semi Finalist PKC State Hunt Final 4 UKC World Top 20
GRNT CH BLUES AMAZING GRACE
Trevor Hack
567-231-7413

quote:

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Originally posted by Hoosier Man1
......... To ringtails comment that it's their deer once it goes on there property I say that's hilarious. Nonody owns any wild animals. I guess with you being a coon hunter and your dog has gotten onto another person's property you've probably just accepted the dog is gone and now belongs to the property owners 😉

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ringtail dave

"TREE MY DOG" - NO BETTER FEELING

NAADP Charter Member....... appointed by King Dave himself........

quote:

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Originally posted by ringtail
Ohio law is clear, # 9 says a deer hunter can not pursue wounded deer or recover dead deer from private property without the written permission of the landowner.

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