UKC Forums - Trespassing?

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Posted by Boondok Kennels on 02-26-2024 09:25 AM:

No attacking going on from me, that’s why there was a laughing face Dave. There was no need for me to add anything. As usual, you gave plenty of advice. Although, I have been wrongly written up for trespassing, but not in OH. My situation was many years ago. I’m sorry if I hurt your feelings Dave. I was simply joking. I’ll leave this thread as a “safe space”. 😉

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Posted by Joseph L. on 02-26-2024 09:50 AM:

My advice would be, start saving your pennies. I'm in Ohio and have owned or operated a butcher shop for 31 years. And have worked at another deer shop part time for 20 years. I've seen several deer get confiscated for this very reason. I've never seen anyone get the deer back, every one of them lost there license and most had to pay trophy costs.

Joe Levan

Posted by Dave Richards on 02-26-2024 10:00 AM:

quote:
Originally posted by Boondok Kennels
No attacking going on from me, that’s why there was a laughing face Dave. There was no need for me to add anything. As usual, you gave plenty of advice. Although, I have been wrongly written up for trespassing, but not in OH. My situation was many years ago. I’m sorry if I hurt your feelings Dave. I was simply joking. I’ll leave this thread as a “safe space”. 😉

Bob, You did not hurt my feelings in the least. Any info I gave Trevor was just that info he could use or ignore. I understood Trevors frustration regarding what happened to him, but having gotten a attorney he should listen to that attorney. NO need for him to post on social media as anything he says could be used against him in the future. Sometimes ones emotions gets the best of them. I hope every thing works out for the best with Trevor. Jealously causes a lot of problems in the hunting arena and we need to stay united not bickering among ourselves. Trespassing has to be done willingly in Ohio and all states for a trespassing charge to be valid. While I do not know ALL the facts based on Trevors account he DID NOT willingly trespass. There were no clear property lines for him to willingly trespass. Property survey may even indicate he was on his own land. Dave

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Posted by ScottCK 6 on 02-26-2024 01:09 PM:

I was in a cast at Butler county, Ohio Coonhunter’s club. Dean Grubb was the guide , 1990/91 . The entire cast was arrested and charged with criminal trespass. I was arrested (not booked, not charged because I was a minor ) and was released with Dean Grubb , with my grand parent’s permission. Dean was the only guy that could post his bond! Guide knew he wasn’t allowed to be there , we did not ! I don’t know what they pled guilty to, but they paid fines.

Land in Ohio doesn’t have to be posted, everybody has said I thought so and so owns it, land owners try to run you off state ground here, because they own two acres beside the state ground. People shoot other people , cleaning their guns or didn’t know it was loaded, still get charged .

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Posted by Hoosier Man1 on 02-27-2024 02:46 AM:

quote:
Originally posted by ScottCK 6
I was in a cast at Butler county, Ohio Coonhunter’s club. Dean Grubb was the guide , 1990/91 . The entire cast was arrested and charged with criminal trespass. I was arrested (not booked, not charged because I was a minor ) and was released with Dean Grubb , with my grand parent’s permission. Dean was the only guy that could post his bond! Guide knew he wasn’t allowed to be there , we did not ! I don’t know what they pled guilty to, but they paid fines.

Land in Ohio doesn’t have to be posted, everybody has said I thought so and so owns it, land owners try to run you off state ground here, because they own two acres beside the state ground. People shoot other people , cleaning their guns or didn’t know it was loaded, still get charged .

You make several valid points Scott. Most the people fron your example I'd venture to say, did not fight the charge. Meaning they did not seek legal assistance. Also, being charged is one thing. Being found guilty is another.

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Posted by ScottCK 6 on 02-27-2024 10:27 AM:

All I’m saying is , “not knowing “ doesn’t release anyone from responsibility. Good luck !

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Posted by Hoosier Man1 on 02-27-2024 03:42 PM:

quote:
Originally posted by ScottCK 6
All I’m saying is , “not knowing “ doesn’t release anyone from responsibility. Good luck !

Maybe in a wildlife officers opinion. However, the law specifically states "knowingly".

Posted by ScottCK 6 on 02-28-2024 06:49 PM:

Ok, I’ll say it this way , someone “saying” they didn’t know is not a viable defense . It’s used in most offenses.

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Posted by Dave Richards on 02-28-2024 10:31 PM:

Trespassing

quote:
Originally posted by ScottCK 6
Ok, I’ll say it this way , someone “saying” they didn’t know is not a viable defense . It’s used in most offenses.

Scott, do you know what due process means? In short at this point Trevor has not been charged with trespassing and even if he gets charged, he will have his day in court. Everyone is entitled to due process and are considered innocent until proven guilty. In the absence of defined property lines proving he knowingly trespassed will be very difficult. I wish Trevor the best. Dave

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Posted by ScottCK 6 on 02-28-2024 10:49 PM:

Re: Trespassing

quote:
Originally posted by Dave Richards
Scott, do you know what due process means? In short at this point Trevor has not been charged with trespassing and even if he gets charged, he will have his day in court. Everyone is entitled to due process and are considered innocent until proven guilty. In the absence of defined property lines proving he knowingly trespasses will be very difficult. I wish Trevor the best. Dave

Absolutely do Dave, I’m not accusing of anything , said it numerous times that I’m rooting for him, he posted the law , all I’m saying is not knowing is not going to work! You should know that Dave.

You’re wrong on the property lines , they are readily available on Huntstand app, Huntstand Garmin maps , County website , maybe lost in the woods you end up lost or running from an attacker , get some place you shouldn’t be . However in this situation , wildlife officer are saying it was on other peoples land, that’s their position . But , under this situation the responsibility lies with the hunter to know the land boundaries , even in his initial post , he stated his family owned couple hundred acres in that block. So , he has knowledge of the area! Last thing if the deer was on other place , it’s an uphill battle , the drone is gonna be the problem. If that operator went with him, he’s just as culpable . When someone posts something for debate, should be ready for honest opinion, why lie about it , that’s not doing anybody any good. For the last time I hope it works out for Trevor.

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Posted by Dave Richards on 02-28-2024 11:42 PM:

Re: Re: Trespassing

quote:
Originally posted by ScottCK 6
Absolutely do Dave, I’m not accusing of anything , said it numerous times that I’m rooting for him, he posted the law , all I’m saying is not knowing is not going to work! You should know that Dave.

You’re wrong on the property lines , they are readily available on Huntstand app, Huntstand Garmin maps , County website , maybe lost in the woods you end up lost or running from an attacker , get some place you shouldn’t be . However in this situation , wildlife officer are saying it was on other peoples land, that’s their position . But , under this situation the responsibility lies with the hunter to know the land boundaries , even in his initial post , he stated his family owned couple hundred acres in that block. So , he has knowledge of the area! Last thing if the deer was on other place , it’s an uphill battle , the drone is gonna be the problem. If that operator went with him, he’s just as culpable . When someone posts something for debate, should be ready for honest opinion, why lie about it , that’s not doing anybody any good. For the last time I hope it works out for Trevor.

Scott, that's why we have courts to determine ones guilt or innocence. Opinions mean nothing. You, me and most everyone that coons hunts have trespassed without even knowing it following our dogs and crossing unseen or unmarked property lines. Just to be clear, I do not agree with your statement regarding property lines that are NOT clearly marked. I respect your opinion, but do not agree with you. Dave

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Posted by ScottCK 6 on 02-28-2024 11:49 PM:

10-4

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Posted by Cheyenne on 02-29-2024 12:54 AM:

Few years ago buddy of mine coon hunted land with written permission, before all the GPS, not knowing the dogs crossed property line only by a few yards. He was found guilty of trespassing, there was no posted signs or visible fence. The game warden said he saw boot marks on property, no snow, frost must been a tracker from way back

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Posted by Cheyenne on 02-29-2024 01:00 AM:

Ask Donald J. Trump about due process, the courts are a joke

Posted by Dave Richards on 02-29-2024 01:09 PM:

quote:
Originally posted by Cheyenne
Few years ago buddy of mine coon hunted land with written permission, before all the GPS, not knowing the dogs crossed property line only by a few yards. He was found guilty of trespassing, there was no posted signs or visible fence. The game warden said he saw boot marks on property, no snow, frost must been a tracker from way back

Cheyenne, every case is based on its own merits. At times the cost of legal fees outweigh the cost of a small fine. Pleading guilty and paying a fine may be the cheapest option and some may choose this route. However, that does not mean they would lose in a court of law should they get legal help and fight the charge. Everyone has to make their own choices and decide what's best for themselves. Sometimes it is just economics not who is right or wrong. Dave

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Posted by ringtail on 04-18-2024 01:53 AM:

Re: Trespassing?

What ever happened, did you get the deer back?

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