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Everything posted by ATbuckhunter
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Written permission is not needed, so you're in fact wrong.
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Again Ive seen it on different occasions from both DEC and state troopers that they said they could not charge people because the property was not posted. Then went into how to post their property so the incident does not occur again. The DEC agent even went further to explain that its a bad ticket to give and its very likely the ticket would be thrown out in court. So its been proven in person, by people who are in the business of marking land, and people in law. At this point I would doubt the knowledge of the Sargent. Who has more education in the matter...the police Sargent or my brother who graduated from one of the better law school in the country.....ill let you figure that one out. This is of course assuming you understood him correctly, which at this point i'm not sure of. You're bringing up something different. Breaking the law and proving someone knowingly broke the laws are two very different things. Yes they are breaking the law, but you have to prove it. The burden of proof is on the shoulders of the cops. I'm done talking about this subject with you. I've shown written proof that you can not be charged with any sort of trespass in the situations I gave. All you gave is unprovable anecdotal evidence that im not even sure you understood. You've shown nothing tangible. If you want to argue whether or not the law is being broken, that's a different subject. While the two are related, we are talking about a ticket that will stand up in court. 1 judges decision also does not mean all that much either as that can also be over thrown on appeal.
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No lawyer needed. All you have to say is its unposted and you didn't realize where the property boundaries were. Above it shows that it is actually assumed you had the privilege to be on the land unless posted or informed otherwise.
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I apologize I read what you wrote earlier wrong. Its likely neither can be charged with trespass. Its actually easier to charge trespass with occupied land vs vacant land. I've watched DEC agents and State troopers (on different occasions) tell landowners they can not press charges against people hunting their property because the property was not properly posted at the time. All my experience, as well as the knowledge of my brother has told me that you can not be charged. FYI this is a loophole in the trespass laws which in fact makes it very grey instead of black and white.
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So number 2 is a different story. He had to trespass over POSTED property just to get to the land that is not posted. He will be charged and arrested for trespass. However, he may not be able to be charged for trespass for trespassing on the property that isn't posted. Its very easy to say you didn't know that you had trespassed on an additional property, but cant argue with the properly posted land. That's also a very extreme situation to where they had to trespass just to trespass another property
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"Trespass on Land New York law provides that a person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to such person by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner." They are different, but neither can not be given unless its proven that proper notice was given. Just because a ticket was given doesn't really mean anything. I think we all know that cops can give BS tickets
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IM going to clear up what I'm trying to say. No you do not need posted signs in NY. You have the right to kick people off your property, and tell them to not come back (and charge them if you do). The question is can you charge criminal trespass if you have not properly posted the land. The answer is a flat no (assuming youve made no contact with said person). You can have someone trespassed, which means you tell them to never come back or else you will be charged with criminal trespass, but you can not have them charged with criminal trespass in the first encounter (if not properly posted). If they are charged, its very easy to have the ticket thrown out in court. Again this was explained to me by attorneys, DEC agents from multiple regions, State troopers and property surveyors. I myself used to think that you could be charged, but its not true. The only thing is if you can prove you had contact with said person and explained you did not want them to come back, then yes they can be charged with trespass (even if the property is unposted).
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Absolutely not wrong at all. This has not been my experience as well as not in the schooling my brother got in law school. I was told point blank many times by DEC officers (in multiple regions), Attorneys as well as property surveyors that you absolutely cannot be charged with criminal trespass. They can ticket you all they like, it will be thrown out in court if fought. Unless theres more to this specific case, if they were caught on the property for the first time, then the ticket will not hold.
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There is no legal way to be charged when a property is not properly posted. I've asked my brother who is an attorney as well as different DEC agents. Its possible different if you have to walk up someone's driveway to access land, but as long as its vacant land and not posted, it would be thrown out in court in minutes.
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I have no problem hunting with a gun, but I wouldn't support this. I think it'll destroy half of the bow season.
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You can be asked to leave and not come back, but you cannot be charged with criminal trespass if its not properly posted. If asked to leave and not come back, then if that person comes back, they can be charged with criminal trespass (assuming you have video evidence or written evidence saying that). Confirmed by a DEC agent
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No fishing for me tonight. I’m living vicariously through you guys tonight Sent from my iPhone using Tapatalk
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Its rare, but working in the hospital ive seen plenty of younger people in good shape dying from this. Fact is you don't know how itll react in your body till you get sick...so why not give yourself a better chance?
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Snitches get stiches Tacs....snitches get stiches
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Tell that to my cousin who passed at 41 from covid while being completely healthy. This effects everyone differently and you never know what's going to happen to you if you catch it.
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Everybody hide your rods around me! Hey I did hook that pretty nice one though
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I’m calling for the assist on this cause I hooked it for crappy Sent from my iPhone using Tapatalk
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So mine is more of a cat name, but I named her Nala. I loved lion king growing up, so the name fit. Next dog i get will either be Mufasa or Rafiki
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Sub Freezing Temps & Snow=Mast Production/Fruit Trees
ATbuckhunter replied to Lawdwaz's topic in General Chit Chat
I think its early enough not to have an effect on them. In a couple weeks it would be much worse for apples. -
There is, but when it comes to the decreasing possible contamination due to pathogens in the OR, we wear surgical masks.
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While I don't doubt there will be some issues associated with wearing masks constantly, I do not agree with how they classify the job of surgical masks. They indeed are used in the OR in order to severely reduce the contaminates that can possibly come from the surgeon, nurses and surgical tech's mouths. I'm going to wait for this study to be peer reviewed before I pass any judgement
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Everyone but biz. Next time we go out, I think he’s going to keep some Sent from my iPhone using Tapatalk
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20 gauge with lead works just fine, but if you can get your hands on some hevi shot, now you have a turkey killing machine. Eventually I'll be getting a dedicated turkey 20 gauge semi shotgun.
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A Case Of Do As I Say Not As I Do
ATbuckhunter replied to Steve D's topic in NYS DEC News and Annoucements
We need more of this for better habitat! These are also trained professionals that have the fire dept ready at a moments notice