Learn from my trespassing mistake in Idaho!!!!!

Joined
Aug 4, 2020
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Feel free to post the "you are a dumbass" comments here but hopefully I can save some other new hunter some stress.

I got my first bull elk in I Idaho last fall on state land. I came up through public land early in the dark and waited for daylight. I got my bull first thing in the morning and got it tagged and bagged very early. I spent the next several hours moving the game bags around to keep them cool while waiting on the other hunters in the group to call it a day. I had the proper tag, weapon and location. As the day progressed I started feeling the need to expedite getting the elk to the processor. See where I am going with this?

A very thin strip of land along the highway below us had been private Potlatch Latch land for decades and the gates were open and the public routinely used the road to access public lands above it. This land is now owned by the billionaire Wilks Brothers and was on OnX. I rode down an unmarked road on my bicycle and the gate at the very bottom was now closed and locked. It was marked private on the opposite side and visible only when on the other side. I should have turned around and rode back up. The gate was about 100 yards from the highway so I tossed my bike over the gate and rode out to the highway. I was on that land for about 90 seconds. Unfortunately for me Idaho Fish and Game drove by as I was getting the elk loaded into a truck to get it to the processor. At this point I still had no clue of the gravity of the situation!! I felt no cause for concern and with a smile went to meet the officer to provide my ID and documents. At that point in my 58 years I had never even had a parking ticket and was new to hunting.

I got a ticket for trespass to hunt and thanks to the Wilks brothers Idaho trespassing laws became a VERY BIG DEAL in 2018. There have been attempts in the legislature to not allow people to buy very small parcels of land to block access to thousands but thus far the billionaire lobbyist have blocked it. The ticketing officer told me I better get an attorney. What?? I rode my bike across a dirt road where there were no people, structures, or farmland and I did not damage anything.

Fast forward 4 months and the best offer from the county prosecutor was loss of my elk, $1500 fine, loss of nationwide hunting privileges for a year, 90 day suspended jail sentence, 40 hours of community service and 1 year of probation. One would think I cut a lock, shot my elk on private land and rolled around in the dirt with the officer. My friends were hunting the same area the day after I got my ticket and the officer was there confirming where my elk carcass was. It was of course exactly where I told him it was. The charges were strictly for being on private land. If I heard this story I would say someone is full of $hit because something is missing here. It is not. I worked side by side with law enforcement for my career and I definitely passed the attitude test and left nothing but bicycle tracks on private land.

I intended to go to a Jury trial based on the charges and it wasn't until the last hearing the prosecutor dropped the suspended jail time and probation. Fortunately the judge was a decent person and advised me, after I pled guilty, of an Idaho law that will show this case as dismissed in one year and will not show up anywhere.

I think the officer had an ax to grind with one of the people in our camp and I got caught up in it.

IMPORTANT LESSONS

1. Know where you are in Idaho and stay off of private land. It is the hunters responsibility to know.

2. SHUT THE **** UP!! The officer did not see anything and had no proof. I was just a naive dumbass. I have friends that are cops and judges and they have always said never say anything. He kept me there for over an hour questioning me a building a case. At one point I said "can I just go to town and plead guilty and pay my fine?" At that point I thought I was dealing with something like a parking ticket. Guess what video clip he submitted without context? If I could do it again I would have provided my documentation politely said nothing else. I will never share seemingly harmless information again.

Okay there is my humiliating story. Hopefully someone learns from this and turns around when onX tells them to and remember STFU! I cant imagine how terrible it would have been if I had damaged private property or shot my elk on private land!
 
Good on you for putting yourself out there. Good reminder to the rest of us to always check mapping and know where we are.
Prosecutor recommendations were way over the top.

Something to keep in mind-when LE arrives on scene, it's their job to gather info, as they have no idea if they are coming up on a homicide, or as you say, a parking ticket type violation. While your story was a very minor infraction, making decisions in real time doesn't provide hindsight.

Yes-exercise your right to be quiet!
 
Billionaire is the key word in this story.
And yes, be vewy quiet. "Just riding my bike".
I guess where I’d have a hard time here is the obvious follow up question is “riding from where?” “Where did this elk come from?”

If he sees you loading an elk in your truck he’s going to have questions that I’d think would require an answer
 
Let me start by saying I appreciate you sharing your story and putting yourself out there for criticism.

You deserve that criticism though my friend. You knowingly violated the law. While you admitted that, you’re minimizing your responsibility by throwing in “billionaires” and “90 seconds” and how the road used to be open and how you’re simply trying to save the meat. I’m not saying those things are wrong, but your focus on them does show a lack of personal accountability imho.

You knowingly and willing violated the law and trespassed on another man’s land…full stop. The Wilkes bros didn’t pass any laws in 2018…the legislators elected by Idaho citizens did. If the landowner is poor does that make it less of a violation for some reason?

I’ll finish with this. It’s easy to second guess you when I wasn’t in your shoes. I can’t swear that I wouldn’t do the same. The only difference is I’d like to think I’d just own it and live with the outcome.

My sentiment about this isn’t because you broke the law. My comment is focused on your continued lack of accountability. It’s not IDFGs fault. It’s not Wilkes bros fault. It’s yours…that’s all.

Again, sincerely appreciate you sharing and it will certainly give me pause should I find myself in that situation in the future.

Dave
 
First off, thank you for this story, and I recognize how hard it is to admit a mistake in public.

That said, maybe I'm a jerk or the odd man out, but if I'm seeing this right, it's beyond doubt that you trespassed in association with hunting. You were caught in the act, and as a result you lost your elk, paid a $1,500 fine, and lost hunting privileges for a year?

I do not see an injustice here.

A very difficult lesson learned. But yes, in Idaho you cannot and should not trespass. If you trespass in association with hunting you will forfeit the animal and hunting privileges for a time. It doesn't matter if the landowner is a billionare or if you didn't commit vandalism while you were trespassing.

Everyone thinks the other guy should be enforced against, but this one seems pretty cut and dry.

Again, I do very much appreciate the story and the warning for others.
 
Thanks for sharing. I wonder what your punishment would be if you were not hunting and just out there hiking or biking ect… but crossed the same land. Probably nothing at all
 
The legislator that introduced the current law is Wilks cousin, coincidence? Still no excuse for breaking the law.
Probably not…but the entire governing body of the Idaho Legislature voted on it. It also damn sure applies to more than just Wilkes bros land. It applies to ALL private properties.

I’m not in any way affiliated with the Wilkes bros. Having said that, how many of us are inviting people to camp in our front yard and drive their vehicles across our lands?

The land they bought was for sale to anyone. They bought it. As such, it’s theirs to manage as they see fit.
 
It was marked private on the opposite side and visible only when on the other side. I should have turned around and rode back up...... I was on that land for about 90 seconds

I rode my bike across a dirt road where there were no people, structures, or farmland and I did not damage anything.
and left nothing but bicycle tracks on private land.
At one point I said "can I just go to town and plead guilty and pay my fine?"

Whats sad, is you dont seem to think you even did anything

I think the officer had an ax to grind with one of the people in our camp and I got caught up in it.

What makes you say that?
 
Probably not…but the entire governing body of the Idaho Legislature voted on it. It also damn sure applies to more than just Wilkes bros land. It applies to ALL private properties.

I’m not in any way affiliated with the Wilkes bros. Having said that, how many of us are inviting people to camp in our front yard and drive their vehicles across our lands?

The land they bought was for sale to anyone. They bought it. As such, it’s theirs to manage as they see fit.
You're not wrong at all, I'm simply pointing out that Idaho Gov does whatever landowners want 98% of the time especially when nepotism is involved.
 
@NevadaMike - thanks for sharing. May have been difficult to put this out there but a good reminder and maybe others can learn from your experience.

One of your lessons was "SHUT THE **** UP!!"
That raises a question: how much is the right amount of information to share?
  • If someone talks too much information, they run the risk of self-incrimination, as you did. Trying to be cooperative, open-and-honest can come with unintended consequences.
  • If someone refuses to talk, the LEO will view this as being uncooperative, and acting suspicious. In those situations, the LEO may view this as the person has something to hide, so they will dig even further to see what is going on. G&F / F&G / DNR officers have different rights above and beyond those provided to most other branches of law enforcement. If/when they find something, they will then "throw the book at you" with a litany of charges.
    • In your case, how this could have been portrayed by LEO was "Suspect was evasive and cooperative. Suspect lied to LEO, stating he was merely going for a bike ride. Suspect had in fact harvested a bull elk earlier in the day and hid the animal in his vehicle. Suspect refused to answer questions about his whereabouts. Tire tracks indicate suspect had committed trespass across private land."
Any comments on the above, based on your experience?
 
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