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

[ScreamingPotato]

“Retrieving wildlife” is expressly included in Idaho’s trespass to hunt statute.

Good catch. I would bet money the spirit of that lingo is for people who shot something that crossed the fence and died, so retrieving it from private. I would argue OP wasn't retrieving wildlife, that he was transporting wildlife???

 

[Zzyzx]

Exactly. The other avenue is the road was put in and partially maintained with public dollars creating a public easement. That is not the name of it but basically what it means. To quote the lawyer " we can go for it but you'll be buying me a new truck."

I wish you had posted this issue when you were first charged. This “public easement” idea could have been a good issue to be crowd funded. I would have given.

What about public notice of private land in Idaho? You road your bike down an old road to a gate. That particular entrance wasn’t marked with a sign or orange paint, correct? No “conspicuous signage” on the backside of that parcel as required by the 2018 law change?

 

[idelkslayer]

“Retrieving wildlife” is expressly included in Idaho’s trespass to hunt statute.

Well there you go, I missed that in my searches, thanks for sharing.

 

[EastHumboldt]

“Retrieving wildlife” is expressly included in Idaho’s trespass to hunt statute.

Well there it is. So not really open to interpretation.

 

[NevadaMike]

How did you get to the ground you hunted?

Along the same lines. To the OP. Not that it changes anything at this point. But I was curious how much further the pack out would have been if you went out the way you went i

“Retrieving wildlife” is expressly included in Idaho’s trespass to hunt statute.

Yes and one of the attorneys I spoke to said many of the laws are very vague and open to interpretation making defense difficult. He also said the particular game officer had nothing better to do and always shows up and pushes for severe penalties.

Pack out would have taken hours the way we came in. We crossed a small creek and had to push the bikes quite a bit until getting to one of the roads. Even then it was slow going. With a quarter on my back and the rack in the basket it was all I could do to not crash. Still I should have put on my big boy pants and taken the difficult way out and got the quarters to the processor the next day. As always there is usually more than one poor decision in a row.

 

[NevadaMike]

I wish you had posted this issue when you were first charged. This “public easement” idea could have been a good issue to be crowd funded. I would have given.

What about public notice of private land in Idaho? You road your bike down an old road to a gate. That particular entrance wasn’t marked with a sign or orange paint, correct? No “conspicuous signage” on the backside of that parcel as required by the 2018 law change?

The parcel and road was not marked at all and no orange paint until the other side of the gate. Also in the hunting law somewhere states the hunter is responsible to know where private land is. We did know but public access was previously allowed when Potlatch owned it.

 

[ScreamingPotato]

Well there you go, I missed that in my searches, thanks for sharing.

Well there it is. So not really open to interpretation.

Was he retrieving wildlife, or transporting wildlife? He wasn't retrieving wildlife from private so I'd be tempted to split hairs and call it transporting which isn't covered.

 

[Zzyzx]

The parcel and road was not marked at all and no orange paint until the other side of the gate. Also in the hunting law somewhere states the hunter is responsible to know where private land is. We did know but public access was previously allowed when Potlatch owned it.

See the “note” from IDGF.

Brush up on Idaho's trespassing laws before you go hunting or fishing

Hunters, anglers and other sportsmen and women should be aware of Idaho trespass laws before they head into the field. Trespass laws changed in 2018, and here are some basic things to remember.

idfg.idaho.gov

 

[WalterH]

Was he retrieving wildlife, or transporting wildlife? He wasn't retrieving wildlife from private so I'd be tempted to split hairs and call it transporting which isn't covered.

I was wondering this as well. At what point has the game been "retrieved."

 

[WV Mountaineer]

There are some fine LEO’ers on the job. But, there’s a bucket full plus of sorry assed ones too. That’s the same for every profession. But, the most important thing to remember is they aren’t looking to be your friend. They are looking for verification of whether you are doing something they could/should write you a ticket for.


While It appears you knowingly trespassed with the bike, it read to me like you had already trespassed before knowingly doing so. But, decided to continue on with the easier plan to get the elk out with that knowledge.


Take your punishment. I’m not judging you. I’m just saying we’ve all broken the law when we thought there was no harm since there was no one to witness it. And, it was more practical than not doing so. It’s just You got caught after deciding to do so. And, it was you that took that risk with the knowledge that a risk was involved.

Law enforcement is the hardest, most unfulfilling job on this planet. But, this game warden knew if he didn’t nip this in the butt, that in time he’d face it again. Maybe not with you. But, look at this thread. Rokslide is likely the largest hunting forum on the web. And everyone that reads this will think before they do something similarly. That’s a pretty effective way to put a small amount of work in for a huge gain.

I wouldn’t loose sleep over it. But, I’d sure learn from it.

Good hunting in the future. Instead of hunting this fall, go to the coast and charter some tuna and striped bass fishing. Hit the beach and cast for bluefish, reds, mackerels, etc…. That’s a lot of fun. And, prepare for 2026 elk. Good luck.

 

[NevadaMike]

There are some fine LEO’ers on the job. But, there’s a bucket full plus of sorry assed ones too. That’s the same for every profession. But, the most important thing to remember is they aren’t looking to be your friend. They are looking for verification of whether you are doing something they could/should write you a ticket for.


While It appears you knowingly trespassed with the bike, it read to me like you had already trespassed before knowingly doing so. But, decided to continue on with the easier plan to get the elk out with that knowledge.


Take your punishment. I’m not judging you. I’m just saying we’ve all broken the law when we thought there was no harm since there was no one to witness it. And, it was more practical than not doing so. It’s just You got caught after deciding to do so. And, it was you that took that risk with the knowledge that a risk was involved.

The punishment didn’t fit but, without a true punishment you’d do it again the next time those circumstances presented.

I wouldn’t loose any sleep over it but, I wouldn’t ask for forgiveness or retribution that your actions were justified. It wasn’t a misunderstanding. Or, a stupid law that didn’t have merit.

Law enforcement is the hardest, most unfulfilling job on this planet. But, this game warden knew if he didn’t nip this in the butt, that in time he’d face it again. Maybe not with you. But, look at this thread. Rokslide is likely the largest hunting forum on the web. And everyone that reads this will think before they do something similarly. That’s a pretty effective way to put a small amount of work in for a huge gain.

I wouldn’t loose sleep over it. But, I’d sure learn from it.

Good hunting in the future. Instead of hunting this fall, go to the coast and charter some tuna and striped bass fishing. Hit the beach and cast for bluefish, reds, mackerels, etc…. That’s a lot of fun. And, prepare for 2026 elk. Good luck.

Thanks for your comment. I had not trespassed before nor did I know this was no longer passable until the bottom. I was only aware of the road because locals had been using it for a long time. Apparently not for the last few years though. I called BLM looking for help and he did confirm it had been private with public access for decades. I have lots of LEO friends and I would never want that job. Opportunities to get outside and on the water are plentiful for me thankfully. At least for the moment I have lost my interest in elk hunting so I think I will just stick to the little deer in Alaska.

The running joke with friends goes as follows. I went elk hunting in Alaska with a tag twice and never saw an elk. I went to Idaho last year with a tag, a rifle and saw an elk run by me twice. No shots were fired This year I went to Idaho with a tag, a rifle, saw an elk and put it down where it stood. If there is a next time I will have a tag, a rifle, hopefully shoot an elk and keep the meat.

 

[fwafwow]

Sorry to have commented before without saying so - thank you OP for posting. I agree with others who have pointed out that it is hard to publicize a mistake. There are many on this forum who have never admitted to one.

Not to make light of the overall case, but you left out all of the gear and other gory details from your story! How far, weather conditions, TMK or FMJ, necropsy, etc. Do tell!