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

[NevadaMike]

Thanks for sharing Mike, reminds me of a somewhat viral video from back in the day...

That is exactly where I got that from

 

[TheLastFrontier]

It takes a lot to admit your mistakes but its great that you posted so others can learn from you and these are good lessons to be learned. This is a really good reminder to know the laws and boundaries and plan accordingly. This isn't directed at anyone in particular but advice in general: if you are knowingly breaking the law (regardless of how trivial it is or may seem..) then expect to face the consequences if you get caught. There are a ton of laws out there and it's our responsibility to know and understand them.

I'll also echo what many others have said and when dealing with law enforcement (or government in general..) just keep your mouth shut. The only questions you're required to answer (assuming you're "detained") is your name and date of birth - in a hunting context I'd probably go a little further and not argue too much with them inspecting my animal and telling them where I killed it at. I wouldn't offer any other information and just politely tell them you're not going to answer any questions if they start questioning you. They either have enough to cite you or not and there is no point in giving them more evidence to build their case against you in the hopes that they'll be lenient with you for your honesty.

 

[NevadaMike]

Except that it wasnt a mistake.

Super cool that most of the criticism is coming from idaho residents. Guess they have never made any mistakes in other states themselves.

I own land in Idaho and talking to my buddies they said they cross all the time but will not anymore.

 

[DAOutfitters208]

I would wager, those brothers carry a bit of influence in that area with the powers that be. Would you have received the same outcome if you rode your bike out my gated road? No

 

[NevadaMike]

I would wager, those brothers carry a bit of influence in that area with the powers that be. Would you have received the same outcome if you rode your bike out my gated road? No

I wonder the same thing. Do any local law folks get access through? I also wonder in there is a money angle since it was such a small town.

 

[DAOutfitters208]

I wonder the same thing. Do any local law folks get access through? I also wonder in there is a money angle since it was such a small town.

100%. I'd bet some donations have been made. It happens here in CDA, I can't imagine its different anywhere else.

 

[jpmulk]

All I'm trying to convey is read the damn regs and pay attention. Things change all the time in the regs and landownership changes frequently too. To many people read XXXXX states regs in 2006 and assume their good forever.

Think that is kind of the OPs point…

 

[NevadaMike]

100%. I'd bet some donations have been made. It happens here in CDA, I can't imagine its different anywhere else.

Here an interesting point I forgot to include. Everything I did happened in one county yet I was charged in another county. When asked the DA cited some obscure 1500 yard rule and said if I made a motion to move he would make a motion for follow the case. "He who comes to his senses first looses" and this was enough for me to throw in the towel.

 

[WeiserBucks]

Think that is kind of the OPs point…

I'm aware, many aren't.

 

[EastHumboldt]

Kudos for sharing this. A lot of good food for thought here from the OP and everyone else. Especially appreciate T&K giving a technical look at LEO’s point of view on this.

I support LE and I thank them for doing a difficult, sometimes dangerous, and often thankless job. But when you are being questioned by an LEO, they are doing their job as part of the law enforcement machine, and you may be about to become grist for that mill. STFU in the most friendly and likeable way you can muster.

I got pulled over for speeding one night on my way home from a gig at a local bistro. The cop, like any good cop, asked if I’d been drinking. I said I’d had one glass of wine with dinner two hours ago which was God’s truth. “Step out of the cars sir… do these stupid human tricks. Oh and here’s your speeding ticket.” I don’t resent any of it and I learned a lot from it.

I think a good reply would have been “With all due respect officer Johnson, you have reasonable suspicion that I’ve been speeding, but I insist on not answering any questions related to any other activities. It’s just a matter of principle regarding my 4th amendment rights”. OTOH maybe that would piss him off?

Edit: I thought about including fifth amendment rights, but then I remembered some thing I heard in a podcast the other day about the fifth amendment And Miranda rights. Basically you don’t have any fifth amendment rights until they hook you up if I understand correctly.

 

[RockAndSage]

Steve made sure to point out that it wasn't a "mistake".

Oh, FFS. You hear that grinding sound? That's my eyes rolling from here.

It doesn't take a leap of logic to understand the difference between a mistake in facts, and a mistake in judgement. OP was clear in his post it was a mistake in judgement, and that's what I was commenting on. But it's one that would have tempted a lot of people in that specific context, and that's his other point - don't make that mistake, even in that context.

It's also not a leap to suppose that someone who has such a clean track record also wouldn't be walking through someone's yard, or whatever other nonsense analogy that's been barfed out here. Get off the high horse, stop giving everyone the high-hat arrogance about how religiously law-abiding you are (and never speed, either), and just appreciate his sharing that it's not a mistake anyone should make.

 

[wyogoat]

Kudos for sharing this. A lot of good food for thought here from the OP and everyone else. Especially appreciate T&K giving a technical look at LEO’s point of view on this.

I support LE and I thank them for doing a difficult, sometimes dangerous, and often thankless job. But when you are being questioned by an LEO, they are doing their job as part of the law enforcement machine, and you may be about to become grist for that mill. STFU in the most friendly and likeable way you can muster.

I got pulled over for speeding one night on my way home from a gig at a local bistro. The cop, like any good cop, asked if I’d been drinking. I said I’d had one glass of wine with dinner two hours ago which was God’s truth. “Step out of the cars sir… do these stupid human tricks. Oh and here’s your speeding ticket.” I don’t resent any of it and I learned a lot from it.

I think a good reply would have been “With all due respect officer Johnson, you have reasonable suspicion that I’ve been speeding, but I insist on not answering any questions related to any other activities. It’s just a matter of principle regarding my 4th amendment rights”. OTOH maybe that would piss him off?

Edit: I thought about including fifth amendment rights, but then I remembered some thing I heard in a podcast the other day about the fifth amendment And Miranda rights. Basically you don’t have any fifth amendment rights until they hook you up if I understand correctly.

You’re correct on your last part. Miranda isn’t required unless you’re detained.
I agree with not doing the LEO’s job for them. Don’t give or offer any statements that provides PC. Coming from a retired LEO. Be polite but no need to give them their case.
As the others have stated OP, I give you great props for sharing this. It’s been a pretty good discussion overall.

 

[bpa556]

Don’t trespass on private property. You came in on public, you can leave the same way.

The “trespass to hunt” charge is easy to beat, but you can’t get around trespassing for the easy way home.

Hunting public comes with hurdles. Welcome to the world…


Sent from my iPhone using Tapatalk

 

[.204smokechaser]

About the only old checkerboard that you are fairly safe to access around here is usfs land for now, but do your homework on who has the easements! Some of the checkerboard timber company land sold off to developers indeed do have public easement and right aways on them. Ran into that issue a few winters ago for work. Someone from Texas that bought land north of the Salmon River somewhere tried to block the road off. Wasn’t Wilks.

 

[repins05]

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 a law 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

Agree with Idahodave. I don't live in Idaho. Am I guilty of the same offense....Yes ...... and on several occasions. Fatigue and saving a lot of time lead to temptation.

I fully agree that it seems wrong that access can get blocked. I also don't agree with the punishment. Etc. etc.

However, it is private property. It is a law. We can't pick and choose which laws we agree with and want to abide by.

I live on some acreage right out side of the "city". I do not want random people parking on my property, crossing my property, etc. However......it has happened several times over the years. I try to check myself when I get pissed because I did it a few times when I was packing out. With that being said I did chase everyone off my property.

Thx for the OP post and letting us know that there can be consequences for your actions and they may be substantially more severe than you may think they are.

 

[OneGunTex]

As a former cop....you are right. The only words out of your mouth should be "I want a lawyer". Full stop. There is a defense lawyer I watch on Youtube that calls it, "self snitching".

In your experience, what actually happens when people say "I want a lawyer"? Do you get one to come out to BFE immediately? Stop questioning them? Arrest em and meet the lawyer at the jail?

C'mon, saying nothing but "I want a lawyer" is disingenuous at best and dumb at worst.

GW asks to see your license. "I want a lawyer." Really?
GW asks where you killed that deer. "I want a lawyer." Really?
Sherrif's deputy knocks on your door to serve a lawsuit. You refuse to answer because you don't talk to LEOs. That's called "avoiding service" and it's a crime.

Recently had an incident where I heard a car crash outside my house, went out front to see if anyone was hurt, and saw a cop chasing a fleeing suspect, gun drawn, as the perp runs between my house and my neighbor. Cop asks me if he can go in my backyard to make sure the guy isn't hiding behind my shed. For a second I considered getting all macho and not letting him on my property. Then I realized that I would rather the cop find this dude than me, and I let him in.

Lot of macho guys on here who totally would have liked to play cowboy I'm sure. But c'mon don't make this harder than it has to be on anybody

 

[WeiserBucks]

C'mon, saying nothing but "I want a lawyer" is disingenuous at best and dumb at worst.

GW asks to see your license. "I want a lawyer." Really?
GW asks where you killed that deer. "I want a lawyer." Really?
Sherrif's deputy knocks on your door to serve a lawsuit. You refuse to answer because you don't talk to LEOs. That's called "avoiding service" and it's a crime.

Recently had an incident where I heard a car crash outside my house, went out front to see if anyone was hurt, and saw a cop chasing a fleeing suspect, gun drawn, as the perp runs between my house and my neighbor. Cop asks me if he can go in my backyard to make sure the guy isn't hiding behind my shed. For a second I considered getting all macho and not letting him on my property. Then I realized that I would rather the cop find this dude than me, and I let him in.

Lot of macho guys on here who totally would have liked to play cowboy I'm sure. But c'mon don't make this harder than it has to be on anybody

I was just curious about a LEOs experience, I don't know jack about it.

 

[KHNC]

Oh, FFS. You hear that grinding sound? That's my eyes rolling from here.

It doesn't take a leap of logic to understand the difference between a mistake in facts, and a mistake in judgement. OP was clear in his post it was a mistake in judgement, and that's what I was commenting on. But it's one that would have tempted a lot of people in that specific context, and that's his other point - don't make that mistake, even in that context.

It's also not a leap to suppose that someone who has such a clean track record also wouldn't be walking through someone's yard, or whatever other nonsense analogy that's been barfed out here. Get off the high horse, stop giving everyone the high-hat arrogance about how religiously law-abiding you are (and never speed, either), and just appreciate his sharing that it's not a mistake anyone should make.

Well, FFS, dont assume my comment was directed at you. It was directed at Steve's dumb comment about it NOT being a mistake. I agree with all the shit you stated in this reply about what a mistake is.

 

[Yooper]

This is all getting too serious......I think we need a meme! It's simple work, but I'll get us started.

 

[RockAndSage]

Well, FFS, dont assume my comment was directed at you. It was directed at Steve's dumb comment about it NOT being a mistake. I agree with all the shit you stated in this reply about what a mistake is.

Ah, my apologies, appreciate you clarifying. I definitely misread your post.