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

[Wrench]

You'll have good seeds and bad seeds in any profession. Game agents are able to get involved with essentially no evidence which is a shame to our constitution.

It's sad that the average person can't access public lands because of some tiny strip of land. I typically HATE the ideas of prescriptive easements, adverse possession and eminent domain......but I do support It's use to prevent situations just like this.

 

[AZ8]

Interesting read.

How many here have a lawyer on retainer? Serious question.

Unless you're going through a current situation needing a lawyer, I bet most here don't.

$1,000+ retainer in fees. Doubt it.

I always crack up when I read "I'll call my lawyer".

 

[fwafwow]

Interesting read.

How many here have a lawyer on retainer? Serious question.

Unless you're going through a current situation needing a lawyer, I bet most here don't.

$1,000+ retainer in fees. Doubt it.

I always crack up when I read "I'll call my lawyer".

Especially unlikely for someone to have a criminal lawyer on retainer, or even in their phone.

 

[fatlander]

You don’t need a lawyer on retainer to exercise your right to have an attorney present for all questions from LE.

Simply saying, “Officer, I don’t feel comfortable answering questions without an attorney” ends the questioning until you have your representation. No one is talking themselves out of a ticket, you’re only making it worse. If the cop is giving you a ticket, you’re getting it. All they’re doing is building a stronger case while you flap your jaws.


Sent from my iPhone using Tapatalk

 

[wyogoat]

The officer may ask if you have an attorney on retainer and your answer regardless of whether or not you do will be, yes.
I appreciate what game and fish does and that’s what I went to school to do but after a 20 yr LE career with almost 17 as a detective, I have found through my limited field experience with game and fish wardens that they practice the least amount of discretion and will search for anything to ticket. Be courteous and again, don’t gift wrap the case they’re trying to develop.

 

[CorbLand]

Interesting read.

How many here have a lawyer on retainer? Serious question.

Unless you're going through a current situation needing a lawyer, I bet most here don't.

$1,000+ retainer in fees. Doubt it.

I always crack up when I read "I'll call my lawyer".

One on retainer? No.
One that I can call about representing me? Yes.

He may be too busy to represent me or it may be something that he doesn't work with but he can then provide me with references/recommendations of who to call.

Really not that hard of a concept to understand.

I tell my wife all the time. If you are being asked questions and at any point you ask yourself, "should I get a lawyer?" The answer to that is "Yes."

 

[Patriotshooter]

Lesson learnt

 

[TaperPin]

The advice I gave was pertaining to questioning when you are being investigated for criminal charges.

Oh you’re definitely correct about that - if you’re hanging out with ducks at the pond, walking like a duck, definitely don’t open your mouth and start quacking.

 

[Firth]

Thanks for sharing your experience OP. I get it that it's the law, but the punishment doesn't seem proportional to me. Also appreciate others that have shared experiences. One thing I do wish is that when the laws were changed and the responsibilities on outdoorsmen were increased, that landowner responsibilities also would have been increased. It doesn't sit well with me that I will be fined for making an honest (but maybe careless) mistake, but a landowner can get away with knowingly blocking off legitimate public access without penalty.

 

[Customweld]

Thanks for sharing your experience OP. I get it that it's the law, but the punishment doesn't seem proportional to me. Also appreciate others that have shared experiences. One thing I do wish is that when the laws were changed and the responsibilities on outdoorsmen were increased, that landowner responsibilities also would have been increased. It doesn't sit well with me that I will be fined for making an honest (but maybe careless) mistake, but a landowner can get away with knowingly blocking off legitimate public access without penalty.

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

 

[IdahoBeav]

You don’t need a lawyer on retainer to exercise your right to have an attorney present for all questions from LE.

Simply saying, “Officer, I don’t feel comfortable answering questions without an attorney” ends the questioning until you have your representation. No one is talking themselves out of a ticket, you’re only making it worse. If the cop is giving you a ticket, you’re getting it. All they’re doing is building a stronger case while you flap your jaws.


Sent from my iPhone using Tapatalk

Even then, do you have to answer any questions? Can they even hold you for questioning if they aren't arresting you? Even if they arrest you, do you have to answer questions until you're on the stand in a courtroom?

 

[wyogoat]

Even then, do you have to answer any questions? Can they even hold you for questioning if they aren't arresting you? Even if they arrest you, do you have to answer questions until you're on the stand in a courtroom?

A good question to ask is, “am I being detained.” That can then determine how you respond.
I think in OP’s case, having been observed on known private land with an elk quarter, you’re not free to go until a few things have been established which negates having to ask that. We just have to be reasonable in those cases but be careful about incriminating yourself.

 

[Firth]

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

Haha, yeah.

In principle, I think it's reasonable to expect someone to know whose property they are hunting on, but it is legitimately hard sometimes, too. The apps are good, but they aren't perfect. Fence lines aren't perfect either. If someone posts a property as "private" and my app says it's public, I wouldn't hunt it. Just not worth it to me for the potential conflict, and anyway the "owner" might be right and the app wrong. At the same time, I think it's fair for the "owner" to face legal ramifications if they post something wrong and essentially steal land from the public.

 

[180ls1]

Even then, do you have to answer any questions?

No

Can they even hold you for questioning if they aren't arresting you?

Yes

Even if they arrest you, do you have to answer questions until you're on the stand in a courtroom?

No

 

[Billogna]

I tell my wife all the time. If you are being asked questions and at any point you ask yourself, "should I get a lawyer?" The answer to that is "Yes."

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

 

[mtnbiker208]

A buddy of mine got caught trespassing in idaho, he is an idaho resident. He got 40 hours community service.

 

[wyogoat]

A buddy of mine got caught trespassing in idaho, he is an idaho resident. He got 40 hours community service.

Hunting or other rec activity?

 

[Wrench]

 

[mtnbiker208]

Hunting or other rec activity?

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.

 

[wyogoat]

Well the reason I ask is it seems like Idaho has that enhancement for trespassing while hunting is all.