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Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: Growin Wild Outdoors] #4688705 10/24/13 11:00 PM
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Unless he has reason to believe hunting or something game related was taking place, he can't access the property.

But if he has any justification to enter the property, he can certainly retrieve game that belongs to the State.

And you're going to have a hard time winning the "he had no reason to believe someone was poaching on my property" argument in court. If the neighbor says they heard a gunshot, he's covered.

Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: 8pointdrop] #4688717 10/24/13 11:06 PM
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Originally Posted By: 8pointdrop
Started on another thread. Thought we should make another one, so we aren't getting off topic.


I guess you could convince the warden that you shot the deer, he crossed the property line, so there's a good chance the bullet did as well. A bullet crossing a property line without landowner consent is a crime. So, given that absurd scenario, you might convince a warden that a crime may have taken place and he should help you retrieve your deer and clear up the situation. He'll likely be more upset that you couldn't get hold of the landowner and take care of this matter yourself, though.


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Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: Slow Drifter] #4688735 10/24/13 11:13 PM
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It's not a bullet. It's a projectile.

Not illegal to drive with a package of shells across property lines.

A bullet in a deer isn't a projectile.

Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: 8pointdrop] #4688753 10/24/13 11:22 PM
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Originally Posted By: 8pointdrop
Originally Posted By: dawaba
Originally Posted By: 8pointdrop
[quote=grout-scout]A game warden has more authority over any other state employee. He can do whatever he chooses and go wherever he chooses. It would be interesting to see if he'd get the deer, I'd bet he would not. Not his problem.

You saying he can just cut a lock and enter property unannounced to have a look around?


Absolutely.

That very thing happened on a Brown County HF hunt I was on a few years ago. The GW, a guy infamous around Brownwood back then, cut the padlock on the gate and snuck up to the skinning shed. We were legal in every sense of the word. When the landowner suggested the GW simply call ahead, he replied, "If I sneak, I can catch ya!" The jerk never did, because the operation was first-rate and legal in every way.



I've heard of them getting transferred to BFE for doing that on the wrong place and harassing the staff for records.

Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: Growin Wild Outdoors] #4688755 10/24/13 11:23 PM
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I had one cross the fence with me and a buddy near Albany. No permission!! He also couldn't open the bolt on his RUSTY rifle, that was in his back seat. He had me carry my gun!
We never found my friends deer!

Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: White Falcon] #4688770 10/24/13 11:33 PM
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Originally Posted By: White Falcon
I had one cross the fence with me and a buddy near Albany. No permission!! He also couldn't open the bolt on his RUSTY rifle, that was in his back seat. He had me carry my gun!
We never found my friends deer!


Most of the ones around here will cross the fence, but they have met the neighboring LO's and discussed it prior to season starting and asked permission. We have permission, but call him out of respect and to CYA.


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Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: White Falcon] #4688776 10/24/13 11:36 PM
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Well if a game warden calls me up and said he needs to go look for a deer he's more than welcome, as long as there evidence to prove that the deer infact jumped the fence after being shot. Last year I got a call from one of my pumpers telling me something had been dragged across the road on the big ranch. There was blood, human tracks and a trail going all the way to the fence where a blind is sitting about 40 yards from the fence. There was no blood trail leading to the place where the drag started but there was lose hair and blood where it started.


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Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: HWY_MAN] #4688786 10/24/13 11:39 PM
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Waste of Game

It is an offense (Class C misdemeanor) if a person while hunting kills or wounds a game bird or game animal and intentionally or knowingly fails to make a reasonable effort to retrieve the animal or bird and include it in the person's daily or seasonal bag limit. It is an offense if a person intentionally takes or possesses a game bird, game animal, or fish and intentionally, knowingly, or recklessly, or with criminal negligence, fails to keep the edible portions of the bird, animal, or fish in an edible condition.

What about this portion? The warden could claim he is retrieving evidence against the hunter for this violation maybe.

As it is she will have to put up with the rotting carcass on her property.


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Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: Growin Wild Outdoors] #4688788 10/24/13 11:39 PM
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I can tell you he has no more authority than any other leo if he conducts a search and seizure wrong his case will be dismissed like any other case it must be done right


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Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: HWY_MAN] #4688796 10/24/13 11:42 PM
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Originally Posted By: HWY_MAN
Well if a game warden calls me up and said he needs to go look for a deer he's more than welcome, as long as there evidence to prove that the deer infact jumped the fence after being shot. Last year I got a call from one of my pumpers telling me something had been dragged across the road on the big ranch. There was blood, human tracks and a trail going all the way to the fence where a blind is sitting about 40 yards from the fence. There was no blood trail leading to the place where the drag started but there was lose hair and blood where it started.


Hey Mike, they have a whole other thread on stands on a fence line. grin


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Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: cameron00] #4688868 10/25/13 12:12 AM
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Originally Posted By: cameron00
It's not a bullet. It's a projectile.

Not illegal to drive with a package of shells across property lines.

A bullet in a deer isn't a projectile.


Please note the word "absurd" in my post. You have over 6k posts, you must be real smart! So I can DRIVE across property lines with a box of bullets, sorry, projectiles, in my truck without owner consent and be just fine? Never knew that! Just messin' with ya'. cheers


"I have no idea what WW-III will be fought with, but WW-IV will be fought with sticks and stones."

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Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: Slow Drifter] #4688874 10/25/13 12:15 AM
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No, but you would only be trespassing. No additional fine for the bullets crossing.

Now if you drove while firing across their property, you'd have an issue.

Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: cameron00] #4688880 10/25/13 12:19 AM
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LOL.. Here ya' go:

Absurd: ridiculously unreasonable, unsound, or incongruous <an absurd argument>

edited to add: I think the gun alone makes it a state jail-time felony.

Last edited by Slow Drifter; 10/25/13 12:22 AM.

"I have no idea what WW-III will be fought with, but WW-IV will be fought with sticks and stones."

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Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: Slow Drifter] #4688889 10/25/13 12:22 AM
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If I'm driving the truck is a projectile

Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: Slow Drifter] #4688896 10/25/13 12:27 AM
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Even the game wardens will ask permission to enter the property to look for a wounded deer. As to coming on to the property to check licenses and for checking for game violations they can enter just anytime they want to check.


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Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: rifleman] #4688931 10/25/13 12:42 AM
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Originally Posted By: rifleman
If I'm driving the truck is a projectile


False. The bullet is stationary.

Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: 8pointdrop] #4689027 10/25/13 01:16 AM
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Originally Posted By: 8pointdrop
Knew this would be a good one. stir


Also adam, I'm not calling you out, trying to be an arse or other wise. I just like a good debate. cheers


We're good. I was just clarifying were I stood on the deal. These are fun.


For those saying he has to have probable cause, reread what I posted. I didn't type it. I copied it from the state statutes. That is how the law is written and what it says it what it means. They do not have to have any probable cause to enter. The only thing they have to have is a reasonable belief that wildlife might live there.

Y'all need to read the definition of probable cause too. Hunting isn't a crime therefore knowing hunting is happening on a piece of private property isn't probable cause. I'm sure that is why the law is written how it is written so game wardens can check you without having suspected you of committing a crime.

Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: cameron00] #4689030 10/25/13 01:17 AM
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Originally Posted By: cameron00
Originally Posted By: rifleman
If I'm driving the truck is a projectile


False. The bullet is stationary.


He is saying that if the truck is moving, the truck is a projectile.

Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: cameron00] #4689060 10/25/13 01:26 AM
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Einstein is in the house!!!

Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: JDShellnut] #4689121 10/25/13 01:46 AM
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Originally Posted By: adam_p
Originally Posted By: cameron00
Originally Posted By: rifleman
If I'm driving the truck is a projectile


False. The bullet is stationary.


He is saying that if the truck is moving, the truck is a projectile.


Yep...not sure the wheels maintain contact with the ground.

Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: passthru] #4689136 10/25/13 01:52 AM
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Originally Posted By: passthru
Waste of Game

It is an offense (Class C misdemeanor) if a person while hunting kills or wounds a game bird or game animal and intentionally or knowingly fails to make a reasonable effort to retrieve the animal or bird and include it in the person's daily or seasonal bag limit. It is an offense if a person intentionally takes or possesses a game bird, game animal, or fish and intentionally, knowingly, or recklessly, or with criminal negligence, fails to keep the edible portions of the bird, animal, or fish in an edible condition.

What about this portion? The warden could claim he is retrieving evidence against the hunter for this violation maybe.

As it is she will have to put up with the rotting carcass on her property.

Notice the highlighted portion....he attempted. I wouldn't think this would be citable.
Everyone can argue all they want...a smart warden wouldn't cross if a land owner said no (IN A NON CRIMINAL GAME RETRIEVAL INSTANCE) she would have a case against the state and a decent one at that....not worth the trouble, potential cost, and probable job loss. The real question is "MAY" he do it...not "CAN" he do it...of coarse a warden can...they're Total bad arses!

Last edited by RowdyRankin; 10/25/13 01:55 AM.

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Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: RowdyRankin] #4689277 10/25/13 02:32 AM
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I love these Internet Warden threads.

Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: Play Maker] #4689309 10/25/13 02:40 AM
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Sounds like ya'll solved this one already.


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Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: stxranchman] #4689314 10/25/13 02:42 AM
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Sure..they can enter but they can't.

Re: Can a warden retrieve a wounded deer that has crossed property lines, without land owner permission? [Re: Play Maker] #4689318 10/25/13 02:42 AM
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Originally Posted By: Play Maker
I love these Internet Warden threads.


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