Retrieving Deer Question

[Five Seasons]

"knowingly"? if I KNEW the deer was going to end up on the property, of course I wouldn't shoot it.......but no one has a 100% guarantee what is going to happen once the bullet or arrow is on its way.....but no way I would let a few acres of property go to waste because of a dbag neighbor, it could happen whether you're 100 yards or a 1/4 mile from the line.

But wouldn't you decrease your odds of it happening by placing your stand further away from the line?

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[Jeremy K]

But wouldn't you decrease your odds of it happening by placing your stand further away from the line?

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You could also make the point that you may decrease your odds of even shooting a deer by hunting a different spot. This is surely a good example of why it pays to have a good relationship with the neighbors.

[jjb4900]

But wouldn't you decrease your odds of it happening by placing your stand further away from the line?

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well, I'm thinking that you would have to be a bit further from "the line" to prevent any problems........I don't think there are too many landowners who would give up an acre or two of prime deer habitat because of the slim chance the deer may cross the line onto land they have no access to...the only deer I ever lost due to not being able to contact a landowner, probably went a good 1/4 mile. There's no doubt that there are places that only provide a small window for a shot before the deer gets onto private property, because that's where it's going, that's obviously something I would avoid.

[DirtTime]

If a trespass was equal to a felony, we would all have a lot more to worry about than retrieving a deer.

Why is that? What do you mean ALL?

[HuntOrBeHunted]

Be logical lol a felony for a trespass that's a joke.

Edited October 25, 2015 by HuntOrBeHunted

[shawnhu]

Be logical lol a felony for a trespass that's a joke.

Why is it a joke? If people are so serious about not having people trespass, why can't land owners push for making it a felony offense? Write some letters to their councilmen and all that jazz.

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[DirtTime]

Why is it a joke? If people are so serious about not having people trespass, why can't land owners push for making it a felony offense? Write some letters to their councilmen and all that jazz.

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This is a good point.

 Most of the people posting on this thread would be pissed off if a hunter outside the permission group went on their land for any reason without permission. They would call DEC, ECO, local police, state police, mommy, and want to beat the trespassers ass for going on their land.

Flip it, and they will break the law to retrieve a deer.

Hmmmm........

Edited October 25, 2015 by ....rob

[HuntOrBeHunted]

Why is it a joke? If people are so serious about not having people trespass, why can't land owners push for making it a felony offense? Write some letters to their councilmen and all that jazz.

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Write away lol. Let me know how it works for you. Im thinking it will pan out about as good as shooting your own foot.

 

 

I'm not for trespassing by any means I know about private land it's pretty much all I hunt. But logically speaking a felony would take someone away from their family cause so many problems for someone. All for stepping on some land. Can't see were that would make sense.

 

Trespass doesn't equal murder !!

[HuntOrBeHunted]

But on to the next thread that has some value to it other than just trying to invite one of these all to common new york hunting forum wars.

 

Much rather talk success and what not than non sense. Good luck

[fasteddie]

Response for tresspassers  

 

[LetEmGrow]

I think with the amount of trail cameras these days and the growing popularity of trail cameras the text the pictures immediately, you would be pretty stupid to go on someone else's land without permission.  Whether the land owners hunt or not is irrelevant.  Someone is probably hunting there.

 

And as someone else pointed out, if you are hunting right on the border and they know you are hunting right on the border then circumstances change drastically.  The first thing they are probably going to think is the deer was on their land anyway when you shot it. 

 

I am also in the camp of landowners that own property who have border huggers.  Mine have been pinched before for trespassing.  If I feel the individual shot the deer some distance from my border then I would never say No.  For the border huggers that hunt on property far bigger than mine, the answer will always be No. 

 

 

 

[LetEmGrow]

Ditto. But it also enforces the pre-hunt responsibility of knowing what you can and can't do and where you can and can't go.

We've avoided some nice stand locations for this vary reason.

 

Exactly.  And I have as well simply because the odds are too great that a deer will go on a neighbors property. 

[Doc]

If a trespass was equal to a felony, we would all have a lot more to worry about than retrieving a deer.

Likely, the first challenge to such a law would result in the law immediately being struck down by the first court in which it were tested. There is a requirement in the system that makes criminal punishments fit the level of the crime. It is likely that there would be unanimous court agreement that treating trespass as a felony does not meet that standard.

[bubba]

I am going to guess most of the posts here are by people who do not own land. If you did, your screw it I will go get it attitude would be different. The first time someone stepped on your property, you would be prosecuting to the full extent of the law. And as far as being told in a hunter ed class that if the landowner had a tag, they could have the deer, that is false. They did not hunt or take the animal. If the DEC is called, which they should be, they can retrieve the deer and take it themselves. The landowner has no right to that deer tags or not. Check the DEC laws, they have much more permissions to be on private property than you think.

[Buckmaster7600]

I have nearly 400 acres and my neighbors know if they need to track they don't have to ask! I have a 3 acre plot of county land that borders me and every year I get at least 4 or 5 knocks on the door from idiots who hit one on the county land and want to track my answer every time is NO! Then I go get in my stand and ensure they do not try. I'm the a** hole I guess but oh well when they want to split my taxes and my food plots to go walking through my sanctuaries and ruin my hunting for their incompetence we can talk again!

[Five Seasons]

You could also make the point that you may decrease your odds of even shooting a deer by hunting a different spot. This is surely a good example of why it pays to have a good relationship with the neighbors.

 

 no deer is better than a dead deer just rotting.

[Five Seasons]

But on to the next thread that has some value to it other than just trying to invite one of these all to common new york hunting forum wars.

 

Much rather talk success and what not than non sense. Good luck

 

what war? maybe you're new to the internet. This is how things go here and everywhere. I certainly wouldn't consider this particular thread "a war".

[Culvercreek hunt club]

Call dec they can get it

no they can't

[Buckmaster7600]

And for those that think dec can come on my property to look for a deer someone hit, WRONG. Had someone try this approach 2 years ago dec called I said no he said ok have a nice day. Dec cannot enter my property without a warrant or if someone is in danger.

Edited October 26, 2015 by Buckmaster7600

[WNYBuckHunter]

Call dec they can get it

 

No they cant

[Buckmaster7600]

Instructors taught us that when we were at hunters Ed.

DEC: sir, I suspect that you have an illegally harvested deer on your property. Do you mind if I check it out?

Land owner: no officer, go right ahead.

DEC: sir, there's a deer that's been shot and expired here, do you have a tag for it?

Land owner: no officer, I don't know how it got here.

DEC: sir, unless you have a tag for this deer, we'll have to remove it from your property or I'll have to issue you a summons.

Issue resolved.

References:

Question: If I shoot a deer and it runs onto posted property, do I have the legal right to go on the property to retrieve it?

Answer: No. You should locate the landowner, explain the situation, and ask permission. If the landowner refuses, the hunter will not be able to enter the property. The DEC cannot compel a landowner to grant access. If the hunter has reason to believe that the landowner intends to illegally possess the deer, it should be reported to the nearest Environmental Conservation Officer.

http://www.dec.ny.gov/regulations/2442.html

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If the land owner says "no you can not come on my property" to the dec officer than this story does not work.

[Five Seasons]

I was watching an episode of some show on nat geo once about game wardens. It took place in California, but they explained they didn't need warrants to check trucks, locked containers or property. However, there was some jargon about finding something illegal that wasn't wildlife related. I dont remember the specifics. That doesn't mean they could retrieve a dead deer, but I thought I remember something about them having a little more power than your average cop. someone please correct me if i'm high.

 

[bubba]

No you are correct. But the couch lawyers will say no

[shawnhu]

I was watching an episode of some show on nat geo once about game wardens. It took place in California, but they explained they didn't need warrants to check trucks, locked containers or property. However, there was some jargon about finding something illegal that wasn't wildlife related. I dont remember the specifics. That doesn't mean they could retrieve a dead deer, but I thought I remember something about them having a little more power than your average cop. someone please correct me if i'm high.

This is absolutely correct. DEC ECO has the same powers as State Troopers and require much less, if any, reason to search your property. If you land owners think that by saying "no" to an ECO is the end all answer, think you may be in for a surprise. Most ECO I've encountered are extremely polite and won't exercise those powers, but that's not to say they won't.

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[Buckmaster7600]

For an Eco officer to enter my property they need a search warrant or must believe that there is illegal activity, some a$$ hole wounding a deer that dies on my property doesn't meet that criteria!