Tresspaser

Discussion in 'Iowa Whitetail Conference' started by dbltree, Jan 6, 2011.

  1. NH Mountains

    NH Mountains New Member

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    Checking in on this thread from New Hampshire. Were there any charges brought for him "hunting" without blaze orange since he was pulling out his firearm in the sequence of photos?

    Did he show up in court and plead his case?
     
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  3. Liv4Rut

    Liv4Rut Active Member

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    That's crazy. For a little less than 150 bucks you can go wherever you want. No wonder shed poachers are fearless. Granted I am sure the trespasser in this post got a lot more backlash from this thread than the 150bucks.
     
  4. SCOFFIN

    SCOFFIN Miles Coffin

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    I'd be concerned this guy may want to get $150 worth of payback and go break or steal that trail cam.. Maybe you should put up a cam to watch that cam??

    Glad you caught this guy and he was prosecuted and this is the end of it..
     
  5. magnus

    magnus PMA Member

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    Well, I've "caught" (via trailcams), FOUR different individuals on my farm since late September. One was in a vehicle and got access via a farm/tractor road ....not far from where I had a different trailcam (new Reconyx-Hyperfire) stolen during last week of December. Cannot prove this truck-guy did it, but am sure he did. No one else is ever back there other than me, tenant farmer, etc. CO's have agreed to cite him for the Trespass -- since he was in a vehicle. This same guy was seen by an eyewitness neighbor shooting onto a diff sections of my property from public road in late December. CO's are supposed to "interview" him about that.

    Problem is with the other 3 trespassers, who appear to be "just walking". My place is well posted and all vehicle accesses are blocked by gates (except the one where the Dodge guy was driving ... but that's on top of my Spring to-do list). CO's told me that if someone is only taking a walk ...rather than hunting, carrying sheds, vandelizing, etc... they cannot be cited for Trespass unless you can prove that they have been personally warned in the past. This info given to me by 2 separate CO's. They agreed it was RIDICULOUS but is the way IA laws are. I've since spoken-to and sent follow up Certified Letters to 2 of the walkking trespassers, so next time they can be whacked. There's still one that I can't positively ID, but think I'm close. Sheriff also told me that fine for simple trespass (without hunting, stealing anything, etc) is only $60 ... even on repeat offenses. All seems incredibly liberal to me......... If anyone has any solid info that the above is incorrect, please share.
     
  6. rutnstrut

    rutnstrut PMA Member

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    Yes the law says your trespassing if you enter a piece of land WITHOUT EPRESS CONSENT/PERMISSION so if they didnt get permission from you to be there then theyre trspassing reguardless of if theyre hunting or comitting any other crime. The only exception I see is if there personal property has come to lye on your ground accidentally and then theyre ok to retrieve it if as long as thats all they do and they use the most direct route to do so. But if theyre just out for a hike and wind up on your ground...then its still trespassing. Otherwise anyone could trespass while shed hunting and just have to drop there stash if they see someone coming to avoid charges. I could be wrong but it sounds like the CO is either friends with the trespassers your dealing with or just doesnt want to deal with paper work
     
  7. gunrunr

    gunrunr Life Member

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    Sounds like we need to talk with our legislators about tresspassing laws and putting a little clarification in the rules and teeth in the fines. $60 fine in not much of a determent when chasing a trophy buck or stack of big sheds, especially since its hard to catch, hard to prove and hard to get prosecuted. Most are getting off scott-free and that is not right!
     
  8. tawnymara

    tawnymara New Member

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    Magnus
    Would your land happen to be in Davis county Iowa ?
    I have given the sherrifs office a letter from me stating that I want every person caught trespassing on my land prosecuted for trespassing , for liability reasons . They don't have a problem with that . I have prosecuted a lot of people . Once I catch them and prosecute , They seem to stop , least ways I haven't caught any repeat offenders .
    Good luck .
     
  9. Iowa1

    Iowa1 New Member

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  10. rutnstrut

    rutnstrut PMA Member

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    Last edited: Jan 21, 2011
  11. magnus

    magnus PMA Member

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    Well, here's a link to the actual IA Trespass Law from 1999, that I presume is still the most current. Agree with replies above that nothing therein agrees with what I had been told by CO's. I will be getting back to them, now that I have the actual statute and language, and ask for clarification...... Thanks for the help/interest.

    http://www.legis.state.ia.us/IACODE/1999/716/7.html
     
  12. THA4

    THA4 A Few Steps Ahead Of You

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    its all up to the County Attorney. here we have an idiot liberal CA that thinks its perfectly legal to wander onto any property as long as you aren't damaging anything, or taking from it. AND, according to her, the property MUST be posted, and you HAVE to give the perp at least one warning... Its total garbage, but there was a case here that was thrown out due to her "perspective" on how the law reads....

    again total garbage, but thats WHO ends up making the final say.
     
  13. jclaws

    jclaws PMA Member

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    a. Entering upon or in property without the express permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense, to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate, or to hunt, fish or trap on or in the property. This paragraph does not prohibit the unarmed pursuit of game or furbearing animals lawfully injured or killed which come to rest on or escape to the property of another.

    b. Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or the agent or employee of the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property.

    From what im reading from this is that if a person is just walking around on your property they have to be warned before they can be ticketed.But if they are hunting,fishing or trapping they will get fined.Ive never heard of such a thing.
     
  14. magnus

    magnus PMA Member

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    Joe,
    I know we're on the same side here --- but I disagree with your interpretation. Immediately above the a. b., etc it says "Trespass shall mean one or more of the following acts:" Within "a." it lists various acts including intent to commit a public offense, alter, damage, harass, etc. But it also lists "TO USE". Reading it with emphasis only on the TO USE act makes it pretty clear to me that trespassing includes: to "ENTER UPON PROPERTY WITHOUT THE EXPRESS PERMISSION OF THE OWNER WITH THE INTENT TO USE THE PROPERTY". I'm skipping some words or options here but don't think I'm taking it out of context. Agree with THA4 though, that at end of the day its really up to County Attorney as to how they want to proceed. I guess in Davis County, Rick Lynch would be the guy to ask. Let me work on that......
     
  15. jclaws

    jclaws PMA Member

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    In the end it wont matter how we interpret it.It will be up to the sheriff or the co to write the ticket to begin with,then it will be up to the county attorney.It sounds like sending the letter like tawnymara stated and say its for liability reasons might be the way to go. I know they cant say they didnt see the no trespassing signs.Whats bad is that land was posted before you owned it. Good luck!
     
  16. timekiller

    timekiller No, you can't pet him.

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  17. River1

    River1 New Member

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    :D this is as fun as this place has been in a long time
     
  18. THA4

    THA4 A Few Steps Ahead Of You

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    :grin:
    :way:
     
  19. gunrunr

    gunrunr Life Member

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    Had a guy tell me today that a lawyer advised him to draw up a "hunting lease agreement" and make payment for such (even if only $1) from his father who owns the land. Lawyer claims that tresspassing while hunting on land leased for hunting rights was a $5000 fine. Any one heard this or just another misunderstanding of our crazy laws?
     
  20. jclaws

    jclaws PMA Member

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    this thread has officially surpassed the des moines world record thread!
     
  21. THA4

    THA4 A Few Steps Ahead Of You

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    not sure if it surpasses the Typical 250 post... hahahhaha, might have to go dig that one up
     

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