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

[idelkslayer]

The Wilkes property in Idaho was publicly accessible when the timber company owned it and the roads weave in and out of the public/private boundaries. The Wilkes' immediately installed gates on the road after purchasing the land, blocking the road access to thousands of acres of public land.

Copy of Deeds Reveal Billionaire Brothers Illegally Gated Public Road — Idaho Wildlife Federation

FOR IMMEDIATE RELEASE: Deeds Reveal Billionaire Brothers Illegally Gated Public Road Contact: Brian Brooks, Idaho Wildlife Federation, (208) 870-7967 BOISE – The Idaho Wildlife Federation has found deeds from past landowners granting...

idahowildlife.org

I'm not sure if the OP was on this specific road/property area. But as far as I know the issue is still unresolved 7 years after the gates were installed. I hope that some day the road will be restored to full public access even though the land likely never will be.

In 2017 the trespass laws in Idaho changed to their current form. It was at that time that the penalties were increased and included consequences specific to hunters. I still think it was a bad law and created some issues requiring extra effort on the part of the individual to know where property boundaries are located. Essentially it reduced the landowners responsibilities for posting the land boundaries and increased penalties on violators.

Bottom line, know where you are in Idaho and don't make any exceptions. "Common sense" or other supposed magnanimous reasons (including meat care) will not get you out of trouble.

 

[Jimmy]

 

[TandKHunting]

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

We are talking about questioning for a crime. Not a cop asking to see your drivers license on a traffic stop or allowing an officer to chase a suspect in your yard. A game warden has the right to ask for your hunting license. I would hope people cooperate with police in those kinds of situations.

I figured my statement was common sense that related directly to this issue and helped people understand their 5th Amendment rights better when it pertains to be investigating FOR A CRIME.

If you ever see yourself being interrogated for a potential crime…by all means, talk all you want. What would I know.

 

[ez_willie]

Congrats on killing an elk being new to hunting, bad luck they happened to be driving by at the time.

 

[king402]

I always try to look at the individual's intent. Sounds like you were pretty innocent in this situation. I deal with trespassers all the time and you can usually tell what kind of person they are within a few seconds and what their intent was by trespassing. Problem is there are a lot of scumbags out there that cause a lot of problems for private landowners so laws are created to really penalize anyone caught trespassing intentionally or unintentionally. Thankfully there is enough technology out there now to help us know when we are on public or private land. Too bad they were that harsh on you. Thanks for sharing your story so that the rest of us can learn from it.

 

[TSAMP]

So do we have the OPs honey hole pinned down yet? Got to be getting close.

 

[Tick]

Sucks for you, but decisions have consequences. Thanks for sharing.

I don't like coming across as an ass to a law enforcement officer, but I refuse to speak a word to them. They are not making conversation to be friendly.

 

[NevadaMike]

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.

I agree with your points. Only clarification was it was private and open to the public for decades. The first I knew of it being posted was at the bottom. There were logging trucks running everywhere. It is all forest with no noticeable delineation. That said I have a house on the beach in Alaska. My road is all private and posted at the top. People come down to look all the time. When we are there they usually back out. When we are not there sometimes they get out to take in the view and even have a beer or two. I can see them on Ring. I would not support the penalties Idaho imposes for those just taking a look.

 

[NevadaMike]

So do we have the OPs honey hole pinned down yet? Got to be getting close.

I can send you the pin and the safe route in.

 

[idelkslayer]

I agree with your points. Only clarification was it was private and open to the public for decades. The first I knew of it being posted was at the bottom. There were logging trucks running everywhere. It is all forest with no noticeable delineation. That said I have a house on the beach in Alaska. My road is all private and posted at the top. People come down to look all the time. When we are there they usually back out. When we are not there sometimes they get out to take in the view and even have a beer or two. I can see them on Ring. I would not support the penalties Idaho imposes for those just taking a look.

That is something that was added with the new trespass law. There is a distinction between trespassing and trespassing while hunting/fishing/trapping. The penalties for trespassing while hunting are, as you know, far worse than just passing thru on a hike or sight seeing.

 

[WeiserBucks]

That is something that was added with the new trespass law. There is a distinction between trespassing and trespassing while hunting/fishing/trapping. The penalties for trespassing while hunting are, as you know, far worse than just passing thru on a hike or sight seeing.

You are correct.

 

[HvyBeams]

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.

I would appeal it based upon conviction in the wrong jurisdiction and the prosecuting attorney knowing it. He should have dismissed it and filed it in the correct county. Next, if the case is brought in the correct county, claim double jeopardy. Then I would send a selfie to the game warden while hunting this fall.

 

[WeiserBucks]

I would appeal it based upon conviction in the wrong jurisdiction and the prosecuting attorney knowing it. He should have dismissed it and filed it in the correct county. Next, if the case is brought in the correct county, claim double jeopardy. Then I would send a selfie to the game warden while hunting this fall.

I guess you missed the part where he pleaded guilty?

 

[HvyBeams]

I guess you missed the part where he pleaded guilty?

Nope, didn't miss it at all. Thanks for asking.

 

[WeiserBucks]

Nope, didn't miss it at all. Thanks for asking.

Most plea bargains contain stipulations such as waiving your right to appeal.

 

[HvyBeams]

Most plea bargains contain stipulations such as waiving your right to appeal.

Okay, cool. Maybe his attorney was at least smart enough not to allow that. Based upon that his attorney allowed him to plead guilty in a county that the crime didn't occur in his mind blowing. I would also sue him.

 

[WeiserBucks]

Okay, cool. Maybe his attorney was at least smart enough not to allow that. Based upon that his attorney allowed him to plead guilty in a county that the crime didn't occur in his mind blowing. I would also sue him.

You might be correct regarding the possibility of an incompetent lawyer.

 

[CorbLand]

I figured my statement was common sense that related directly to this issue and helped people understand their 5th Amendment rights better when it pertains to be investigating FOR A CRIME.

That’s where you went wrong

 

[fwafwow]

I would appeal it based upon conviction in the wrong jurisdiction and the prosecuting attorney knowing it. He should have dismissed it and filed it in the correct county. Next, if the case is brought in the correct county, claim double jeopardy. Then I would send a selfie to the game warden while hunting this fall.

Could be wrong, but if the appeal is successful the conviction is gone, so not sure double jeopardy applies if the case is brought again.

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.

I believe you have your Fifth Amendment rights at all times. Miranda is when the LEO has the obligation to remind or inform you of that and other rights. And IIRC I think it's when you are detained and being questioned.

 

[Robobiss]

Thanks for sharing your story. I was in a similar enough situation and got fined as well, except it was 30 miles up a logging road in a blizzard, it was getting late, and road/trail conditions were getting worse and worse. Drove around a gate because it cut off literally 28 miles of treacherous travel and we were trying to get the heck out of there (a “small” couple thousand acres were gated and it was near the paved road).

Got pinched on cell camera and ended up fined months after the season ended. Never hunted the property, but trespassed nonetheless. What was crazy is that we were following another guy that we met out there that “takes this shortcut all the time”. He had snow on his license plate per the warden, and didn’t get a ticket. Mine was visible enough.

Luckily the fine was a couple of hundred dollars, which is less than wrecking a 3/4 ton coming off of a sketchy homemade bridge down a mountain in a snowstorm. It was worth it. Ended up friends with the game warden out of the ordeal and we used to call him for intel in the area after the fact. May have been “net positive” on that one.

That being said, never, ever talk to law enforcement. It’s really easy to get lulled into the “he’s just a nice guy checking up on me, he doesn’t really want me to get in trouble”

They are speaking to you for no purpose other than to get you in trouble, charge you with something, and justify their job by producing revenue. Even if the stars aligned and it’s not the case, that’s exactly how you need to treat the situation. You are innocent until proven guilty, they are trying their damndest to gather enough evidence to slap a shiny pair of bracelets on you.