A cautionary tale / dealing with game wardens

Joined
Jul 30, 2015
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5,719
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Lenexa, KS
I've been wanting to post this for a couple weeks but just now getting the chance.

I hunted the first week of elk season in Montana. I had been in the unit before to hunt birds but not in the spot where my tale takes place. Essentially, a friend and I bedded a bull in some timber and backed out after we couldn't figure out where he was, stopped bugling, etc. We heard a UTV up above him and suspected someone else may be on him too. We went back that evening, this time from above, with a plan to walk down this finger ridge and try to locate him in his bed. Knowing there could be some guys already on him I looked across the road where there was a bunch more public and thought to myself we could just hunt there if there are other hunters.

Fast forward, he ended up still being in his bed, right where we left him, and he took us on a long sort of curling run as he bugled and moved that evening. The pace picked up and we were literally running after a bit. Ran across the road that ran the ridgeline in hot pursuit. Finally after a mile or two we got close and I ended up arrowing a nice 330/340ish satellite that was raking a tree. Thought I hit him good, but it got dark and we backed out expecting to find him there dead at first light.

As I go to mark the location on my phone/OnX, my heart sank and I was sick: we had crossed onto private land. I couldn't quite figure out how that was possible, when we left the truck it just didn't even 'feel' like we were anywhere close to private. Like it felt like you could go for miles without a care. And never in the course of the chase did I feel like I ought to check the GPS. I just got so focused that I ****ed up big time.

It was a long gut wrenching walk out of there that night. Once at my truck I called my best friend back home who also happens to be an attorney (not criminal tho), to get some advice. He did some midnight Googling of news stories and statutes and such and we basically concluded that the range of penalties I could subject to were very wide. Could be small, monetary kind of penalty, or could be worst-case lose vehicle, lose hunting gear, lose hunting privileges, $8000 fine, and a felony charge (for trophy class animal). And, the nature of what I do for a living if I get convicted of a felony I'll lose my job, simple as that. But, I knew what the right thing to do was and I called the TIPS folks late that night and turned myself in.

I spoke with the warden first thing in the morning and he instructed me where to meet him. FWP actually sent out 4 officers, two younger guys and two more supervisor kind of folks. I let them know I intended to fully cooperate, that I was hoping to avoid a felony charge and keep my job, and that I was fully to blame and my friend was just along for the ride. But first things first they wanted to take care of the elk/meat. So I took them to the spot and there was blood for sure but not a lot. Four of us covered that whole damn place all day, while the older two wardens drive around and glassed. No sign of him. But I did find a cow that someone had shot and lost. After spending a full day with those guys they were impressed with our cooperation and honesty and work ethic. They said on the drive up they were leaning towards the heavy handed approach but changed their minds, that we were good dudes and that they had a great day hiking around with us and just gave me a written warning. (They also gave instructions for how to look the rest of the week and what to do if we found him--but we never did.)

I understand I occupied 4 of their guys' time for a full day and I intend to make a donation to FWP to recoup some of that. I definitely feel turning myself in was the right thing to do, and I would advise anyone that being 100% honest and upfront is the best thing you can do if you truly have made an honest mistake. I'm pretty embarrassed to have been in this situation. I'm not technologically challenged, I know the rules and laws and how to comply with them, I just wasn't paying attention for a bit there and it got me in trouble. I'm proud that I made the right decision to turn myself in, and I feel that my penance is to subject myself to further embarrassment here in the hopes that I can convince one of you to do the right thing when your ethical dilemma may come.

Anyway, Montana is awesome. Good hunting, folks. Flame away.
 
Joined
Jun 8, 2016
Messages
454
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Colorado
I dont think youll be getting raked over the coals here. The important thing is, you made the right call, turned yourself in, and took full responsiblilty for your mistake.

Great cautionary tale and example of what to do if you're in the same situation.

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topher89

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Oct 27, 2012
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Colorado
Great story and another reinforcement of how honesty is the best policy with game wardens. Good for you for doing the right thing.
 
Joined
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Auburn, Nebraska
You did the right thing and I would have done the same as my conscience and morals would likely guide me to the same decision. Merely a few years ago before technology for private land boundaries became readily available, it was much harder to be certain. It’s easier now but honest mistakes can still happen.

How did the landowner handle it?
 
OP
Dos Perros
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Lenexa, KS
I didn't interact with the landowner much. He showed up at the end when FWP had essentially thrown in the towel on finding the bull. He understood how easy it would be to cross the line and not know it, there wasn't a fence or other obvious feature that ran the boundary. I think he believed I didn't do anything on purpose. He told me I was an honest man and shook my hand, squeezed it like dude what are you doing hard, but he was fine and went on his way.
 
Last edited:

AdamW

WKR
Joined
Oct 27, 2015
Messages
820
Man, glad it all worked out and as mentioned, you owned it. It would have been quite easy to slip out of there and never say a word, but you'd have to have that on your mind forever.

I have been e-scouting on Onx and with so many layers turned on it becomes hard to read so I was toggling them on and off. I thought "This looks like I good way to access this glassing point, I'll potentially just follow this ridge/drainage..." I turned on the Private Land layer and POOF right where I was going to go was a chunk of private land right in the public land.

I will be extra careful this season and keep your story in mind. Thank you.
 

5MilesBack

"DADDY"
Joined
Feb 27, 2012
Messages
15,626
Location
Colorado Springs
Every Colorado warden I've ever run into has been a pretty decent guy. Most of them are hunters and sportsmen just like us. A few years ago I had a warden spend 11 1/2 hours with my buddy and I while we tried to find my bull. We've become good friends now.

Sorry you lost the bull, but glad it worked out from a legal sense.
 
Joined
Dec 17, 2017
Messages
941
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N Idaho
Good on you for owning up and doing the right thing. Great example for others to follow as accidents happen and its how you handle yourself that matters.
Thumbs up!
 
Joined
Jun 3, 2018
Messages
796
Location
North Carolina
Good read. It's nice to know there are still honest folks in all facets of life. Sounds like 3 groups met on this adventure. You did the right thing and I think so did the wardens and land owner. It's a lesson everyone reading this could learn from.
 

Salmon River Solutions

WKR
Rokslide Sponsor
Joined
Jul 5, 2018
Messages
1,126
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North Idaho
Idaho changed there trespass laws this year, it’s now up to the hunter to know where the land lines are. It used to be that the land owner had to have it posted every 600 feet. Otherwise it was kind of a grey area and you could end up on private land that was not marked this way. Now it’s the same as every other state.

Guess I gotta figure out some landowner permissions for where I whitetail hunt.


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MT_Wyatt

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Joined
Aug 20, 2014
Messages
1,947
Location
Montana
I've been wanting to post this for a couple weeks but just now getting the chance.

I hunted the first week of elk season in Montana. I had been in the unit before to hunt birds but not in the spot where my tale takes place. Essentially, a friend and I bedded a bull in some timber and backed out after we couldn't figure out where he was, stopped bugling, etc. We heard a UTV up above him and suspected someone else may be on him too. We went back that evening, this time from above, with a plan to walk down this finger ridge and try to locate him in his bed. Knowing there could be some guys already on him I looked across the road where there was a bunch more public and thought to myself we could just hunt there if there are other hunters.

Fast forward, he ended up still being in his bed, right where we left him, and he took us on a long sort of curling run as he bugled and moved that evening. The pace picked up and we were literally running after a bit. Ran across the road that ran the ridgeline in hot pursuit. Finally after a mile or two we got close and I ended up arrowing a nice 330/340ish satellite that was raking a tree. Thought I hit him good, but it got dark and we backed out expecting to find him there dead at first light.

As I go to mark the location on my phone/OnX, my heart sank and I was sick: we had crossed onto private land. I couldn't quite figure out how that was possible, when we left the truck it just didn't even 'feel' like we were anywhere close to private. Like it felt like you could go for miles without a care. And never in the course of the chase did I feel like I ought to check the GPS. I just got so focused that I ****ed up big time.

It was a long gut wrenching walk out of there that night. Once at my truck I called my best friend back home who also happens to be an attorney (not criminal tho), to get some advice. He did some midnight Googling of news stories and statutes and such and we basically concluded that the range of penalties I could subject to were very wide. Could be small, monetary kind of penalty, or could be worst-case lose vehicle, lose hunting gear, lose hunting privileges, $8000 fine, and a felony charge (for trophy class animal). And, the nature of what I do for a living if I get convicted of a felony I'll lose my job, simple as that. But, I knew what the right thing to do was and I called the TIPS folks late that night and turned myself in.

I spoke with the warden first thing in the morning and he instructed me where to meet him. FWP actually sent out 4 officers, two younger guys and two more supervisor kind of folks. I let them know I intended to fully cooperate, that I was hoping to avoid a felony charge and keep my job, and that I was fully to blame and my friend was just along for the ride. But first things first they wanted to take care of the elk/meat. So I took them to the spot and there was blood for sure but not a lot. Four of us covered that whole damn place all day, while the older two wardens drive around and glassed. No sign of him. But I did find a cow that someone had shot and lost. After spending a full day with those guys they were impressed with our cooperation and honesty and work ethic. They said on the drive up they were leaning towards the heavy handed approach but changed their minds, that we were good dudes and that they had a great day hiking around with us and just gave me a written warning. (They also gave instructions for how to look the rest of the week and what to do if we found him--but we never did.)

I understand I occupied 4 of their guys' time for a full day and I intend to make a donation to FWP to recoup some of that. I definitely feel turning myself in was the right thing to do, and I would advise anyone that being 100% honest and upfront is the best thing you can do if you truly have made an honest mistake. I'm pretty embarrassed to have been in this situation. I'm not technologically challenged, I know the rules and laws and how to comply with them, I just wasn't paying attention for a bit there and it got me in trouble. I'm proud that I made the right decision to turn myself in, and I feel that my penance is to subject myself to further embarrassment here in the hopes that I can convince one of you to do the right thing when your ethical dilemma may come.

Anyway, Montana is awesome. Good hunting, folks. Flame away.

Awesome story thanks for sharing that and highlighting MT FWPs response.
 

204guy

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Joined
Mar 4, 2013
Messages
1,292
Location
WY
Good on everybody for doing the right thing. Obviously the wardens could sway opinion but isn't pressing charges up to the landowner? Doesn't sound like any laws but trespassing were broken. Honest mistake that could happen to any of us, especially in MT with the weird inholdings in some of the NF.

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FURMAN

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Joined
Feb 29, 2012
Messages
1,793
Thanks for sharing. I think the best part of the entire situation is that everyone involved did the right thing imo. I do think poachers should get heavy penalties but you obviously made it very clear that you made an honest mistake and took full responsibility. I am glad the wardens acknowledged that and did not make a bad situation worse.
 

jaredgreen

Lil-Rokslider
Joined
Oct 19, 2015
Messages
105
I’m glad it worked out so well for you. That’s not always the case, but probably not that uncommon. I wasn’t as fortunate when I discovered that I screwed up. In Oregon, you tag bobcats, but before a specific day after the season is over, you must take them in and have them checked in.

I don’t hunt bobcats that often, so it’s not something I give a lot of thought to. So I was shocked when I opened my garage freezer and saw the bobcat in there. I frantically thumbed through the regs to see if I still had time. Almost a week late.

I called ODFW to see what I should do. The lady on the phone said the person I needed to talk to was out of the office and they would call me back. The next day the state police arrived.

Long story short, the officers felt terrible, but the ODFW people insisted that I be charged. The DA at the time wanted to charge me with illegal taking of the bobcat...hunting license suspension, $800 fine, forfeiting my rifle. He refused to offer even a single reduction of sentence.

I ended up hiring an attorney who got it reduced to a reasonable fine and 100 hours of community service simply by waiting out this DA and waiting for the newly elected one to take office. Attorney fees ran me nearly $3000

Why do I bring this up? I commend you for doing the right thing, but people should go in with their eyes wide open. I was completely in the wrong, and deserved some sort of consequence for my carelessness. But in my opinion, these particular people had no interest in justice. It happens.


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Joined
Sep 20, 2018
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7,571
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In someone's favorite spot
Great post. As a former GW I can appreciate your approach, and theirs. This is a best case scenario for sure.

It really is hard to express how far a good honest attitude will go with most GW's. I know it made a huge difference to me when I was in the field. And frankly, it's just the right thing to do.

I had one of my first mistakes in my life this past year. I shot a spike that I thought was a doe in the early morning light. I had glassed this deer and couldn't see the 3/4-1" spikes. I called the GW straight away and worked it out. I was prepared to pay whatever fine was coming my way. I received a warning a thank you and a handshake.

Like most things in life, honesty really is the best policy.
 

Tick

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Joined
Jun 2, 2017
Messages
323
Everyone makes mistakes and it sounds like it was handled the correct way by everyone involved. I'd like to think not, but not finding the bull may have influenced the wardens decision as to handle the situation more than your cooperation.
 
OP
Dos Perros
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Lenexa, KS
Everyone makes mistakes and it sounds like it was handled the correct way by everyone involved. I'd like to think not, but not finding the bull may have influenced the wardens decision as to handle the situation more than your cooperation.

I was thinking about that, too. I think it helped I cut my tag, something I would have done regardless of the circumstances since I believe that elk was mortally wounded.

I got the feeling had we found it he may have let me keep it, assuming the landowner didn’t have any objections.
 

SWOHTR

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Aug 1, 2016
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Briney foam
Ok, honest question...

Why not go to the landowner first and explain the situation?

Maybe I am too used to eastern WT hunting...if you wound an animal (and it goes) in private land, it is typical to go to the LO and explain the situation. It is also common to have “trespass agreements” with each other...you wound an animal, yes you have my standing permission to track it.

I understand the “I accidentally trespassed before shooting” part, but I still don’t see why not just go explain to the LO first instead of get LE involved right away, especially if you were as forthright and honest as you were.

Both accomplish the same thing: owning up to an honest mistake. One just doesn’t involve LE immediately.

Would you turn yourself in for speeding, or just say to yourself, “Whoa, didn’t realize I was going so fast, let’s slow down!”

Regardless, good on you for being honest!


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