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

[CorbLand]

it should not matter, trespassing is trespassing. but he was hunting.

I matters for certain things. The punishments vary based on activity.

 

[wyogoat]

it should not matter, trespassing is trespassing. but he was hunting.

^

 

[FredH]

Seems to me that Idaho has gone suck. Outrageous amount of trouble for virtually nothing. A simple I'm sorry should have sufficed.

 

[mtnbiker208]

A lot of one perspective on this subject, depends on if you own acreage or not. if you don't own any, what is the big deal, if you do own some, you have a different take.

 

[Zzyzx]

Kudos for sharing. Never talk to an LEO other than to exchange pleasantries. No admissions.

So, you’re looking at 1 year of sitting out of all draws/points due to the interstate compact agreement? Will this cause you to lose max pool status in CO/WY/AZ or elsewhere? Lose points, loyalty points, etc.?

I hope stories like this will hasten some work on the billionaire/access issue you discussed.

 

[Zzyzx]

. 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.

It will still show up on Rokslide. But hopefully you are Chris from Ohio and not the name/state in your Alias.

 

[180ls1]

I matters for certain things. The punishments vary based on activity.

Yeah, you will also be perceived differently because you are hunting. Accepting that reality instead of thinking "how it should be" will also probably serve a guy better as well.

 

[elkliver]

Many states have a provision where the activity of hunting creates a different standard of responsibility and a different level of penalty. You agree to that standard by engaging in hunting. And the laws vary greatly from state to state. People bring their understanding of the law with them but it may not be true for the State where you are hunting(or in the Idaho example, may have changed) For example, in some states there are specific requirements for posting. A fence post every 50 Yards has to be painted orange or signage at regular interval. In other states, a land owner does not have to post at all. In Oregon, the Statute says something like line of demarcation or division which can be a fence, ditch, road, etc.. can be enough to give you notice that you are crossing onto the land of another.
There are a lot of levels to trespass and not all are immediately a fine or ticket. and again, different from state to state. an example based on laws in my home state... For regular non hunting trespass, you are out hiking and accidentally cross onto neighboring timberland. Someone sees you and asks you to leave. If you had no way of knowing you were trespassing. NO sign, No Fence, etc... if you leave there is no problem. You are "Trespassed" as in you have now been notified that you cant be there and if you go back, you get charged with criminal trespass.
The other side of the example.... You climb over a fence or a gate that has a sign that says "Do Not enter". You no longer have the defense of saying there was no way of knowing. You had knowledge that you were not allowed to be there and chose to enter anyway. The first step of giving notice that you cant be there is no longer required and you can be charged with criminal trespass. This was the point I made in previous post... crossing onto private without knowing is much different than seeing a sign that says you can't come through here and proceeding to cross through. The OP admitted he saw the sign.

The hunting statutes or regs add an extra level as they often move the burden of responsibility from landowner to hunter. Instead of landowner having to notify people to stay out, the hunter has a level of responsibility for knowing where they are allowed to be.

 

[WalterH]

A few thoughts and questions.

The "law" at each junction, has discretion. In this situation, the law took two forms, the officer on scene and then the prosecutor.

Based on the facts at hand, the cop chose to write the ticket. Given the contentious and influential nature of the land owner(s), I think it is safe to assume that person felt like they probably didn't have much of a choice. Ignore the violation and it would likely be their ass in the hot seat if the land owner found out they let a violator walk with a warning. Lose, lose situation.

The prosecutor also has a lot of discretion. Prosecute the case, or don't. What to ask for or negotiate for penalties. etc.

Reading the facts as they are laid out, I don't fault the LEO at the scene. The prosecutor on the other hand seems to have been dead set on shooting the moon on the plea agreement penalties based on political pressure, and that is wrong.

So what is the crime that is charged here? IC 36-1603 Trespassing, Hunting, Trapping, Fishing?

The intent of that law seems clear and it is aimed at people actively hunting on land they don't have permission to hunt on.

And what are the applicable, "enhanced" penalties? Having a hard time sorting that out.

Could an argument be made that Recreational Trespass with it's enhanced penalties should not apply because the OP was not in the act of hunting? There is also a provision for retrieving game in the Rec Trespass law. Does that apply to the situation at hand? Was the OOP packing meat or just retrieving his truck at the time he crossed the strip of private? Should this law to apply to packing meat out or just to entering private property to retrieve downed game on it or the other side?

Regardless, it seems like an unjust situation where the prosecutor clearly wanted to make an example out of a low level offense/offender to please people in positions of power.

This should have been a ticket and a fine and end of story at the most.

 

[4cMuley]

Back the blue!

 

[Trial153]

Nothing good comes from speaking to the police. Ever. Keep in mind that their interests and yours are not one in the same Ever. Keep you mouth shut. Always

 

[RockAndSage]

it should not matter, trespassing is trespassing. but he was hunting.

Over the years, i have had a handful of trespassers on my property. Most just don't care. I don't call the cops, i just kick them off. The one I did not kick off because i was laughing and watching, was the glamour photo shoot in our field.

I've wondered how many, eh, "glamour shoots" guys catch on their trail cams. Haven't caught any nekkid people on any of mine, but have the occasional unexpected surprise reminding me people are out there more often than you'd think...thinking they're completely unobserved and unwatched.

 

[CorbLand]

out of context... this is funny as hell!!

Treat it like stop, drop and roll.

The likelihood that you need it is minimal but having it pounded into your head means that if/when you do, you react and react appropriately.

 

[Billogna]

Treat it like stop, drop and roll.

The likelihood that you need it is minimal but having it pounded into your head means that if/when you do, you react and react appropriately.

Oh I get it!! But it also sounded like your wife is a bit of a problem child!!

 

[idelkslayer]

A lot of one perspective on this subject, depends on if you own acreage or not. if you don't own any, what is the big deal, if you do own some, you have a different take.

Well, when a law passes that reduces the landowner's responsibilities and posting requirements while simultaneously increasing fines and penalties for offenders, and creating a special set of penalties for sportsmen, it seems a little one sided and erodes some of my good will.

 

[wowzers]

If only we had our own legislator in our pocket. That trespass bill was written by 2 guys for the benefit of 2 guys.

I had some friends that were contracted to paint the boundaries of their property to the old specs. That lasted a few weeks before they realized they would be better off throwing the money into changing the law.

 

[Customweld]

I had some friends that were contracted to paint the boundaries of their property to the old specs. That lasted a few weeks before they realized they would be better off throwing the money into changing the law.

100 square inches of orange paint or signs every 660' at 150k odd acres is a lot of paint and signage!

 

[roosiebull]

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.

Man, that was not an enjoyable story to read, and though I have never hunted that state, I feel like I have met that cop a few times in my life

This part of your post is very important, if you personally don’t know the LEO you’re talking to, just keep your mouth shut, it will for sure not do you any good to be open and upfront (that feels dirty to say, but it’s just the facts)

Doesn’t matter if you have not done anything resembling wrong, but many cops seem to have trigger words that turn a chat into an interrogation, and those cops won’t let whatever pea brain thought they’re having go.

I have been grilled on more than one occasion doing nothing wrong, but just being as open as I can, and at some point, they feel I’m hiding something and won’t let it go, and at one point, I just had enough and decided I wasn’t going to talk to them, it’s for sure not going to do me any good, and they have now burned their bridge with me. I have been treated poorly by them way more than not, so if they think I’m doing something wrong, they are going to have to work at it, and I will happily waste their time if that’s what they want to do.

We used to have an awesome game warden here, he treated people well and fair, and because of that, he always got a lot of help from the public, and even people he’s cited still liked him because you could never say he wasn’t fair… unfortunately he was a very rare exception, and for whatever reason, most people in that field are A holes. I have met a few good ones over the years, but it’s not a good ratio.

As innocent as a chat may seem, it’s not worth it to me anymore. Most of them seem to feel everyone is guilty, and all they want to do is prove they’re right

 

[Reburn]

In Texas you have to be highway patrol before you can be parks and wildlife. The highway patrol department makes sure no one with common sense and understanding makes it through.

 

[CorbLand]

Oh I get it!! But it also sounded like your wife is a bit of a problem child!!

Depends on the day.