Baiting ticket?
#21
Spike
Join Date: Feb 2009
Location:
Posts: 66
RE: Baiting ticket?
ORIGINAL: thndrchiken
What I don't get is that he issued the ticket for pecan's when the hunter is hunting a food plot????????????
What I don't get is that he issued the ticket for pecan's when the hunter is hunting a food plot????????????
#22
Fork Horn
Join Date: May 2006
Location:
Posts: 169
RE: Baiting ticket?
I have encountered some really nice game wardens, and at least one with a chip on his shoulder. However, this story just does not add up. Who in their right mind would even attempt to bait deer with pecans? Am I missing something? What moronic GW would even try to accuse someone of baiting with pecans? It would be like being charged with baiting if I accidentally dropped a potato chip or a peanut m&m on the ground under my stand? Another question, who carries pecans in there pocket to eat while showing their friend to a stand? "Bud, I know you are eager to get in the stand, but could you slow down. It is kind of hard to crack pecans and walk at the same time." And who can spot a few pecan hulls on way to a stand? I could really use that GW considering the time I have spent looking for things that I have dropped on the way to my stand...cell phone, flash light, car keys, gps, pull up rope, etc. OK, I got that off my chest.
#23
Nontypical Buck
Join Date: Jan 2005
Posts: 1,210
RE: Baiting ticket?
Here are a few things that I do know, from being a taxidermist and a hunter.
A. - Game laws are written vague, to allow for interpretation.
B. A GW cannot search your home without a search warrant!!!! This is a violation of your rights as written in The Constitution, period! You have rights and unless you give up those rights, you ARE innocent until proven guilty.If they suspect illegal act, they will get a warrant. This case was fought and won, more than once, but recently in Supreme Court by Spangler vs. PA and a GW (whose name escapes me) They cannot harrass you, either, although harassment is harder to prove. If you allow them to search, be prepared because they can write a ticket for a bird feather, bird nest, and many other things. Yes, if your child finds a blue jay feather and has it where it can be seen , that is a violation of the Federal Migratoy Bird Act. Even though it is "just a feather", it is illegal to own.
C. - Deer eat pecans! They may not everywhere but I have 14 pecan trees down both sides of the driveway and have seen more than one under the trees eating them. Crows also eat pecans, as well as coons, and my Austalian Shepherd, Blue, loves them.
A. - Game laws are written vague, to allow for interpretation.
B. A GW cannot search your home without a search warrant!!!! This is a violation of your rights as written in The Constitution, period! You have rights and unless you give up those rights, you ARE innocent until proven guilty.If they suspect illegal act, they will get a warrant. This case was fought and won, more than once, but recently in Supreme Court by Spangler vs. PA and a GW (whose name escapes me) They cannot harrass you, either, although harassment is harder to prove. If you allow them to search, be prepared because they can write a ticket for a bird feather, bird nest, and many other things. Yes, if your child finds a blue jay feather and has it where it can be seen , that is a violation of the Federal Migratoy Bird Act. Even though it is "just a feather", it is illegal to own.
C. - Deer eat pecans! They may not everywhere but I have 14 pecan trees down both sides of the driveway and have seen more than one under the trees eating them. Crows also eat pecans, as well as coons, and my Austalian Shepherd, Blue, loves them.
#24
RE: Baiting ticket?
I would have to bet that your aquantince was probably just plain baiting with pecans and got nailed and was trying to cover himself by saying this, every gamewarden I have encountered are usaually pretty fair, from what I have seen anyways.
#26
Typical Buck
Join Date: Nov 2008
Posts: 564
RE: Baiting ticket?
ORIGINAL: Lanse couche couche
Strutter,
My understanding is that if they know that any type of hunting activity is occurring on the property, then that provides probably cause toenter the property to check for potential illegal activity.
Strutter,
My understanding is that if they know that any type of hunting activity is occurring on the property, then that provides probably cause toenter the property to check for potential illegal activity.
I am an honest and lawabiding citizen with no criminal record what so ever (1 speeding ticket when I was 18). With that being said, despite what youare told in 1st and 2nd grade PR campaigns, LEOs of any type are not your friend. They are a governmental agency that has an agenda of creating ficticious criminal elements to justify their existence. Cities and towns spend millions on LEOs that are nothing more then traffic hallway monitors. Their presence does not deter crime. My 44mag located in castle deters crime.
Just more evidence of our country being taken from us. Death by 1000 cuts. WAKE UP PEOPLE!!!
#28
RE: Baiting ticket?
Teedub,
You are preaching to the choir here in terms of the probable cause issue. However, that is the way it is. There are plenty of court cases out there that support a GW's right to enter private property just because they know someone is hunting there.
And yes, there are plenty of fine GW's out there. I have only been checked once in my life while hunting and the guy was really cool and we ended up standing there talking for quite a while after he checked me out. However, my father and cousin were once stopped coming out the woods after cutting wood and were forced to unload a bunch of the wood to demonstrate to the GW that they did not have wild game hid under it. So, there are some out there who are just looking for any excuse to hassle people.
You are preaching to the choir here in terms of the probable cause issue. However, that is the way it is. There are plenty of court cases out there that support a GW's right to enter private property just because they know someone is hunting there.
And yes, there are plenty of fine GW's out there. I have only been checked once in my life while hunting and the guy was really cool and we ended up standing there talking for quite a while after he checked me out. However, my father and cousin were once stopped coming out the woods after cutting wood and were forced to unload a bunch of the wood to demonstrate to the GW that they did not have wild game hid under it. So, there are some out there who are just looking for any excuse to hassle people.
#29
RE: Baiting ticket?
ORIGINAL: FeederHelperGuy
Unless there is more to the story than what's being told, i feel the warden was out of line on this one. There was "no intent" to hunt over bait.
Unless there is more to the story than what's being told, i feel the warden was out of line on this one. There was "no intent" to hunt over bait.
Say you dont hunt and you just like to feed animals and a guy has been hunting the area.it is illegal for you to place to the bait in a manner that causes someone else to be in violation.
The rules inmost states are extremely vague and open to interpetation.
regardless of whether or not it was right or legal the ticket has been paid. I do applaud the guy for taking care of a ticket he didnt have to,but did anyway.
#30
RE: Baiting ticket?
Why he was on my property wouldn't bother me as much as the fact that he wrote a ticket for pecans? WTF? Deer don't eat pecans. Nowif you dumped a 50 lb bag of SHELLED pecans I bet they would eat them. But just the hulls? Come on.