Vanfossen, I don't think anybody is agreeing with what the guy is doing. I think what some may be trying to say is, the burden of proof doesn't lie on the trespasser. If he wasn't seen with your stand, how can you prove he took it? Innocent until proven guilty. Just because he was there doesn't mean that he killed anything or stole anything. I would agree with you that he probably stole your stand and was looking to illegally kill something, but all he has to do was say that he was lost. How do you prove he is lying? Anyways, good luck with your search and I hope you get some answers and some justice.
Whether the stand he was carrying was stolen or not would have to be verified by vanfossen. His intent is to hunt. He's wearing camo, orange and carrying a rifle. If he is on land with the intent to hunt he does not have permission to be on, it would be considered poaching and trespassing.
Dude.. I was just asking for more information... Chill. I see a fat dude in an orange jacket...now you have given more information. I never said he wasn't a post, just didn't look to be hiding... If I'm a poacher, would I really need to wear blaze? I think I'd wear a ghilly suit. Just my observation, considering you didn't give all the information. Kinda dated too..just saying..Pic is from December. With his obvious lack of concern for his health, he could have had a heart attack since then...LOL Sent from my XT1096 using Tapatalk
I am a lawyer. Sorry about any mispeliings but it's hard to type on a phone with big fingers and autocorrect gets interesting at times... You obviously glazed over my first sentence in my first post in this thread saying "playing devils advocate." That's okay. All I was simply trying to say was your accusations against this fellow are less than air tight. Having prosecuted cases for several years for the state I've seen a lot of irate folks come in with a story and maybe even a picture wanting justice. Well that doesn't cut it in the American justice system. You need some proof that the accused did what you are saying they did. Now maybe you have some details and/or proof your not sharing. I don't know. Let us know what the wardens tell you. If I'm soulless for suggesting you may need to have a little more proof than just a picture and some accusations to criminally charge a guy than what are you? I don't see a stand on his back. Good luck with it.
There are alot of clueless folks out there. I usually find clueless folks more offensive than the ones making an effort to break the rules. Dude just looks clueless to me...but I'm no criminal investigation unit. Sent from my XT1096 using Tapatalk
Oh wanted to add one more thing about the misdemeanors. SOL stands for statute of limitations and it runs in a year on most misdemeanors so if he's not caught and charged in time your gonna be SOL.
Looks like ole pappy needs a paint bomb trap. Seriously though, he might be lost, he could be a poaching stand stealing turd, you never know. I hate trespassers and hope you figure everything out and find your stand, whether he took it or not.
Call me crazy, but isn't that the single most used excuse when somebody is caught on land they don't have permission to be on?
Logic would be I came to a fence if I cross it I am going to be on a different piece of property. Thus more than likely trespassing.
In the last pic, sure looks like he's staring right at the camera. I doubt that he's the stand thief, no way he leaves a perfectly good camera behind. Either way, if he doesn't belong there, he deserves a trespassing citation at least. Over here they would cite him for "hunting without permission" as well.
Now here's another question. Is the OP the land owner... "i.e." the one with the legal standing to grant or recsend permission to be on that property? If not than I doubt he even has standing to file a complaint for trespassing.
That logic would not suit you very well in most of the Midwest, or West for that matter. Many properties either have zero fence, or they have many fences throughout that have little to nothing to do with the actual property boundary.
Granted I have not hunted all over the midwest but the logic that if you cross a fence you are off course applies. If you were lost in the woods would you cross a fence or follow it? I will say this a lost hunter and a trespasser would be treated the same, I would escort them to the property line and tell them to stay the hell off my property. I would ask them the same question I ask many, Are you rude or stupid? It is one or the other.
