tresspass question

[harvey lee]

Maybe a phone call to the other landowner and who knows, maybe this can all be worked out. He also has the same issue with crossing your line and would need your permission.

Its too bad things go this far.

I have bow hunted for close to 40 yards and have yet to have a deer travel 200 yards after being hit more than once. Maybe they can I have just not had that happen to me yet.

I agree if this happens, call the CO as he may be able to help.

[Archerysniper]

If a deer crosses his land or goes onto it and you do not try everymeans possible to retrive that is called wanton waste and is punishable under the game laws. So try to work it out with him before season or get the wardens number on speed dial.

[harvey lee]

You have it right Archerysniper.

[walleyehunter80]

Common sense goes a long ways. Due unto others also is a good way to look at how you approach the situation.

Your right, common sense is a huge thing in life and how we should act in life. No matter what has happened to a land owner in the past, leaving a dead deer on your property shot by someone on another property is stupid sense!!! Every deer shot reguardless os who shot it and where it lies should be recovered no if's and's or but's!!!!! With or without permission but it should be done as lawfully as possible. No weapons, no dogs, get in get out and gut it on the land you have permission to.

Yes there are guys out there that will lie about wounding a deer and it running into someones property, only to get to run through the land they can't hunt to "get the deer moving"

I sure do hate bad hunters because it screws everything up that I/we/us work so hard for.

I am the most ethical hunter that I know, and leaving a deer lay because some landowner got burned 6 years ago by some stupid a$$ is not ethical. My 2 cents

[wgara]

I think the CO has every right to recover the deer. He also has the right to make sure that the landowner isn't trying to illegally take a deer that he didn't legally shoot and tag.

It's as easy as following the blood trail.

[MinDak Hunter]

I would say that the warden has the ability to stay on private/posted land even if he his told to leave in the case of a wounded deer. I think that would fall under wanton waste so the warden would be investigating a "criminal" matter.

97A.031 WANTON WASTE.

Unless expressly allowed, a person may not wantonly waste or destroy a usable part of a protected wild animal.

There does not appear to be an exception that allows a landowner to waste a whole deer.

[mknolls]

With the kind of budget cuts happening in this state and the lack of agents we have I would like to know how long it maybe before a DNR agent will show up to help you? Because we have called in the past more then once and we never see them. We have called on and ask for help in a simulator situation and DNR agent never showed. We went and took the deer back from well lets say an undesirable situation. We do not get along with this land owner and he has made it perfectly clear from the day we bought the land next door to him he didn't want us on his property. We have caught him in a lie talking about are property and what we have done on it to attract deer. How he knows we have cleared land way back on are property is still a mystery. to us. Point being unless you live close to a agents home town chance's are slim he will show up. At least that has been my experience where we hunt.

MK

[mnguy152]

This is what I think if a deer does come and falls on his side call him up and ask if he doesn't let you. Then inform him that you are calling the co. Then him the CO and you can get your deer. Thats my 2 cents

[vitalshot5]

mindak...I don't believe that is true because the landowner isn't the one that is wanton wasting, the shooter is if he doesn't make an effort, iff the land owner says get lost, there is nothing criminal that he has done, so again co would need search warrant, and again nobodys going to give a warrant because the land owner broke no laws, the easiest solution is move your stand off the property line if your that worried about wounding one and it traveling onto private property.

[stifler51]

CO comes to my door and wants to come in and see my freezer...i say no and he goes and gets a warrant, also comes to my fishhouse and wants to come in and i say no, he has to go get a warrant, wheres the difference between that and coming on my land and i say no.....he than would need to go get a warrant. They indeed have more authority than poice/sheriff but I still have my rights.

sayings like sounds to me like ur guilty of something, personally if any officer wants to check anything of mine i dont give a [PoorWordUsage] cept the fact that hes wasting his time. if u have nothing to hide, u shouldnt have a problem with them coming in whether they have a warrant or not. If an officer could walk in my ice house if even if i say no, i wouldnt care, i have nothing to hide.

[Berens Lake ON]

vitalshot5 said, "mindak...I don't believe that is true because the landowner isn't the one that is wanton wasting, the shooter is if he doesn't make an effort, iff the land owner says get lost, there is nothing criminal that he has done, so again co would need search warrant, and again nobodys going to give a warrant because the land owner broke no laws..."

As a Law Enforcement Officer I think MinDak is correct, the landowner would be wasting the animal if he/she doesn't allow recovery. However if the landowner has a valid tag or license for that season and animal then the landowner could tag it and keep it. Until that happens the LEO would be able to investigate the crime of wanton waste.

As for the search warrant the officer would NOT need one because there is no curtilage in the field (Curtilage is the area, usually enclosed, encompassing the grounds and buildings immediately surrounding a home that is used in the daily activities of domestic life.A garage, barn, smokehouse, chicken house, and garden are curtilage if their locations are reasonably near to the home. The determination of what constitutes curtilage is important for purposes of the Fourth Amendment to the Constitution, which prohibits unreasonable searches and seizures of a person and of his or her home or property. Courts have construed the word home to include curtilage so that a person is protected against unlawful searches and seizures of his or her curtilage.)

I'm not an attorney but that's how I read it.

[Wanderer]

Learned a new word today - Curtilage. I like it.

Thanks for the input. It sounds quite reasonable - I think.

Until that happens the LEO would be able to investigate the crime of wanton waste.

I am however assuming the LEO would not be able to investigate the crime of wanton waste as I read it?