BS violation today

[Gapmaster]

Lengthy I know...So I took my son on his first turkey hunt this morning. Arkansas youth weekend. Went to a lease that I’m a member of. We walked down an old road that I’ve used for locating birds my entire life. Someone had a deer stand and a corn feeder still up from deer seasons. We walked straight by it and down the ridge another 300 yards. I proceeded to crack off a few calls but heard zip in return. Walked back towards my truck and when we went by the feeder, 3 wardens stood up out of the brush. My son (13) was given a warning for hunting over bait. I was given the same warning and issued a citation for “aiding/abetting” because I supposedly let him do it.
I know you can’t bait turkeys. I never have and never will. I honestly didn’t even pay attention to the feeder because it wasn’t mine and I didn’t even know it was there until we topped the ridge. There was still some corn in the feeder and a tiny bit on the ground.
Didn’t matter to the warden. Simply wrong place, wrong time. But not the way a kid should be introduced to Game and Fish officers. Most are simply doing their jobs. But this was overboard. I will be fighting it in court. Thoughts???

 

[willfrye027]

That sucks for your kid, and the ticket for you. Sounds like they had been watching it for awhile.

you sure someone else in the lease wasn’t intending to hunt over it? Doesn’t make sense for there to be corn on the ground left over from deer season. Can’t imagine it lasting more than a day or two without getting eaten by something.

maybe you were not the intended target of their sting and the real baiter got lucky. Or maybe the wardens spilled some out on the ground to make the case.

 

[Fatcamp]

Ya, some of those people take themselves far too seriously. Sounds like training day and an opportunity for authority to be respected.

 

[eddielasvegas]

So you're responsible for the feed someone else put out?

Wow, just wow. Azzhat wardens should have given a verbal warning.

Good luck in court and keep us posted.


Eddie


P.S. If you really want to get fired about our government, google "civil asset forfeiture."

 

[Mike Islander]

Can't you get a court date? Fight it!

 

[Dexter Grayson]

Sounds like the wardens were trespassing. Can’t stand em!

 

[GunsAreFun]

I got a BS baiting ticket for a similar situation where there was a feeder on a neighbor’s property about 200 yards on a steep ridge that I had no idea existed, and could not have known it was there unless I had trespassed. We had closed on our property a few days before and this was only the second time I had been there. The warden came rolling up just after first light on the rifle opener (wearing a brown shirt and no orange).

I sent the prosecutor attorney a map of the feeder and my hunting location as well as pictures of the brush to point out that it was completely beyond my control. I also sent her a recording of the discussion I had with the officer when I quizzed him about the regulation and he fumbled and rambled his way through a non-sensical and contradictory description.

They tossed the case.

When you find out who the prosecutor is, call their office and see if they have any trials coming up and get your hearing postponed until that time. They won’t want to deal with misdemeanors.

 

[Bubblehide]

In Ca based on the letter of the law, you would lose in court, no ands if's or butts about that. Your state, I have no idea. I presume the law is very similar if not the same, as such, you should have been the legal distance required from the corn on the ground. It is the hunters responsibility.

I am not saying I like it, I am just stating it the way it is, with zero candy coating.

 

[Deadfall]

Definitely fight that

 

[Rob5589]

Fight that for sure. Wonder if the stand and feeder were set up there by the wardens to catch people hunting over the bait.

 

[Bubblehide]

Fight that for sure. Wonder if the stand and feeder were set up there by the wardens to catch people hunting over the bait.

That would be entrapment and be thrown out of court.

 

[Gapmaster]

Evidently the feeder was still active. Not sure if someone else was baiting. Seems likely given there was still corn in it. But we didn’t setup on it, didn’t use it as bait. Hell I didn’t even know it had corn in it until they told me. I was given no benefit of doubt. It’s not uncommon here to see feeders out year round. Guys just take the batteries out and leave them up (private property). So seeing a feeder didn’t raise any suspicion on my part. Who knows... I’m gonna take it to court and plead my case. Someone on here may learn from our “mistakes”

 

[Gapmaster]

In Ca based on the letter of the law, you would lose in court, no ands if's or butts about that. Your state, I have no idea. I presume the law is very similar if not the same, as such, you should have been the legal distance required from the corn on the ground. It is the hunters responsibility.

I am not saying I like it, I am just stating it the way it is, with zero candy coating.

That’s basically what it says here, but I don’t see where we showed “intent”. Warden told me there’s no set distance from bait either which sounds absurd. How can I be guilty of something I didn’t even know we did. Just crazy.

 

[Bubblehide]

That’s basically what it says here, but I don’t see where we showed “intent”. Warden told me there’s no set distance from bait either which sounds absurd. How can I be guilty of something I didn’t even know we did. Just crazy.

Ignorance is not an excuse in the eyes of the law. This particular regulation must be measurable to be enforced. If the distance is not stated in the specific regulation, then the violation should be thrown out by the judge. Additionally, if the wardens failed to measure your distance when you were calling (calling is intent, considering your son was armed) then they lack the ability to establish the violation.

 

[Bubblehide]

Additionally, the specific violation must be listed on your citation. If it is not, it should not be enforced, i.e., you should walk. So take the time to look it up and know exactly what the reg says and if you violated it or not.

 

[Broomd]

Don't the feeders have to be clearly marked with owner's name? I've never even hunted a 'feeder' state so I don't know.

They should imho for just this reason.

 

[Gapmaster]

Don't the feeders have to be clearly marked with owner's name? I've never even hunted a 'feeder' state so I don't know.

They should imho for just this reason.

I’m not sure myself because I don’t use them. Lazy man’s way. IMHO. To each their own though.

 

[Rob5589]

That would be entrapment and be thrown out of court.

Would it be any different than the wardens putting out fake deer/elk near roads and citing people for shooting them?

 

[Bubblehide]

Would it be any different than the wardens putting out fake deer/elk near roads and citing people for shooting them?

My mistake, it is not at all likely to be considered entrapment. However, with the property being private, if the Wardens put the feeder their, those paying to hunt the land could make a case of it not being legal to put it there as it robs them of a portion of the land they paid to hunt.

 

[Geewhiz]

I’m not sure of the regs in your area but it’s odd to me that it’s legal to bait deer and not turkeys