- Oct 19, 2021
Humble kind approach to a conversation usually takes the edge off. If you where wrong apologize and mean it. If you where right don’t rub it in.
Pretty stupid. Imagine if they start trying to tell you that you are hunting at night cause your camera takes pictures at night. Think on that - it's part of the hunt right? You get the point in what they are doing?The question is if cameras are part of the hunt, if they are part of the hunt, then it would be hunting on property without permission.
I don't see it as it is, but I wouldn't have thought of an arrow that ends up on a different property being trespassing either.
This. Getting the police involved is an escalation that just shouldn't be necessary.Give him a ring, explain the situation and ask him what his favorite whisky is.
Pretty stupid. Imagine if they start trying to tell you that you are hunting at night cause your camera takes pictures at night. Think on that - it's part of the hunt right? You get the point in what they are doing?
Well, atleast if only night that's like 50% right.
If we are going to go by stupid then that's a whole nuther can o worms.
I think you would look at a matter of intention. If you are already using the camera to take pictures where you can't hunt, what would your intention be if you were sitting there? To not shoot where your camera is facing or to shoot where your camera is facing?
I get that it's going to be easier to capture pictures on an open field than in a woodlot. You are just trying to survey what's in the area.
I frequently hang a stand on the backside of a tree of what I'm hunting so I have something obscuring me from the quarry, but how would 99% of people perceive how I was hunting? It's what's in front of you right?
Photography from a public place is protected by the 1A. Anything you can observe from public to include from in the sky has a mountain of caselaw and scotus opinions to protect it.Usually the young LEOs are more exuberant in their interpretations of things and the desire to find you doing something wrong. Making up intents and new definitions of hunting & trespassing is thought provoking for sure. Maybe we need to check what they are being taught at the academy?
In real life you can hunt 5 feet from the property line, watch the deer come across the neighbor's field and into the public woods on your side of the line and then shoot em. You done nothing wrong. You can set your cam looking into the neighbor's property to observe this crossing so you know when to be in the stand/where they cross exactly and have done nothing wrong, as long as you physically stay off the other guy's property.
What about guys scouting and watching deer on other people's property? You drive by 1,000's of diff properties while going hunting, you trespassing then? If you see a big bucks and slow down?
Why would anyone give/allow someone the authority to arrest you based on which direction you are looking and some illogical interpretation of what you are doing and why? Don't let your LEO start interpreting thoughts and intentions - that would be a seriously bad move.
Trespassing is a black & white issue. Either you are on one side of the line or the other. You establish intent once the crime has been committed, not before.
Ok so I called the guy and he was quite sane. I didn’t get a real good feel if he’s planning on pressing charges or not. I kinda think not. He said he talked to the DNR and one of his friends who is a deputy. The impression I got is he was just making sure he was fine removing my camera. He’s says he will give the camera back so I’m planning to meet him on Saturday. There was some advice to take a law enforcement officer along but personally I don’t think that’s necessary he seemed like a good guy.
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