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<blockquote data-quote="deleted member" data-source="post: 248073" data-attributes="member: 816">i get at least a few of these types of cases every fall.&nbsp; on average 3 different cases.&nbsp; sometimes multiple defendants since most people don't hunt alone.&nbsp; maybe i suck as a lawyer.&nbsp; but, very few &quot;get off&quot; on technicalities.&nbsp; however, SAs and LEOs are often understanding that 95% of the time the trespass is not intentional.&nbsp; with one exception in the last 5 years, the cases all involved honest mistakes.&nbsp; most people don't go out looking to trespass.&nbsp; like setting up in a field for 3 or 4 hours with 5 guys, 2 dogs and thousands of dollars of equipment that could all be subject to forfeiture.&nbsp; so, they usually get sweet deals unless its quite apparent that it couldn't have been an honest mistake and was a complete disregard for the law.&nbsp; you can all about imagine the &quot;mistakes&quot; or, in the landowner's view, &quot;excuses&quot;.&nbsp; we entered here, there wasn't a poster.&nbsp; poster buried in the weeds.&nbsp; poster knocked or laying down.&nbsp; we got permission from dave and we were certain it was his land... turns out it's joe's land.&nbsp; this poster looks like its for that parcel, not this one.&nbsp; we put the boat in on a right away so we thought we were legal as long as we didn't stand on shore.&nbsp; one this last year was a situation where they had had permission from the landowner forever.&nbsp; couldn't get him on the phone that morning.&nbsp; talked to his mom who obviously didn't know shit.&nbsp; so, they entered.&nbsp; turns out the landowner leased the rights this year.&nbsp; oooppsie daisy!&nbsp; not smart.&nbsp; the list goes on and on.... in most cases though, the hunter could have avoided the problem with a bit more due diligence and caution.although i don't agree with a bill making everything automatically posted, i do have to admit that it would take away the &quot;excuses&quot;.&nbsp; however, i still have to argue there are a lot of landowners that don't care and don't want to be bothered.&nbsp; more than we think in a lot of instances.&nbsp; i also don't think its as big a problem as some make it out to be.&nbsp; truly intentional trespass is a rare occurrence in my experience.&nbsp; however, the few instances where it is a problem are like a case of herpes for landowners.&nbsp; they never forget it, its always there and there is a big chance there is going to be another break out (or instance) again in the future.</blockquote>

[QUOTE="deleted member, post: 248073, member: 816"] i get at least a few of these types of cases every fall. on average 3 different cases. sometimes multiple defendants since most people don't hunt alone. maybe i suck as a lawyer. but, very few "get off" on technicalities. however, SAs and LEOs are often understanding that 95% of the time the trespass is not intentional. with one exception in the last 5 years, the cases all involved honest mistakes. most people don't go out looking to trespass. like setting up in a field for 3 or 4 hours with 5 guys, 2 dogs and thousands of dollars of equipment that could all be subject to forfeiture. so, they usually get sweet deals unless its quite apparent that it couldn't have been an honest mistake and was a complete disregard for the law. you can all about imagine the "mistakes" or, in the landowner's view, "excuses". we entered here, there wasn't a poster. poster buried in the weeds. poster knocked or laying down. we got permission from dave and we were certain it was his land... turns out it's joe's land. this poster looks like its for that parcel, not this one. we put the boat in on a right away so we thought we were legal as long as we didn't stand on shore. one this last year was a situation where they had had permission from the landowner forever. couldn't get him on the phone that morning. talked to his mom who obviously didn't know shit. so, they entered. turns out the landowner leased the rights this year. oooppsie daisy! not smart. the list goes on and on.... in most cases though, the hunter could have avoided the problem with a bit more due diligence and caution. although i don't agree with a bill making everything automatically posted, i do have to admit that it would take away the "excuses". however, i still have to argue there are a lot of landowners that don't care and don't want to be bothered. more than we think in a lot of instances. i also don't think its as big a problem as some make it out to be. truly intentional trespass is a rare occurrence in my experience. however, the few instances where it is a problem are like a case of herpes for landowners. they never forget it, its always there and there is a big chance there is going to be another break out (or instance) again in the future. [/QUOTE]

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