Are you still considered "hunting" if you stay in your deer stand after dark? Lets say you are still there because there are deer out there that you don't want to spook off and you give it a little while then slip out.

Another situation is it legal to get in your stand way before daylight, like 4 in the morning, because you want to be there when they come out of the fields, and would risk busting them out or being seen by coming in right at daylight.

I guess my question is, does the infraction happen when you actually shoot or you just have the ability to shoot because you have a gun with you after or before shooting hours.

1. yes as far as having permission/license no as far as night hunting/before hours

2. same thing

3. depends on the situation. You are night hunting when riding in a truck, shining a light, with a loaded gun. No shooting required.

Fred have you ever pulled anyone over for actually doing nothing at night. Like you see a truck riding down the road at legal speed not swerving, just driving down a paved Co. road late at night. Pull them over fully frisk, question, and pretty much accuse them of night hunting?

I have spent the night in stands before. I left my light outside in the woods just to be a little more safe from being charged with night hunting. You have to be actually hunting to be guilty but you could be charged in any of those situations. Depends on discretion of the warden and other circumstances. If they don't see you shining a light, or something else suspicious you won't likely be charged unless he is a complete a hole.

I felt that we got completely violated Sat night. Left our camp with a local rancher in his dodge dually to go to his house to get his guns so he could hunt with us the next morning. Got pulled over very late at night while being completely legal and basically was treated like we were in communist russia, I had to stand in the ditch in the front of the truck for almost an hour while they interviewed both of us, totally searched the truck, asked all kinds of questions, The GW told me quote, if I didn't want to end up in the Montgomery Co. Jail that I better not ever get caught riding around in a truck late at night again. The rancher had to explain why there was Cattle drugs in the truck. Really?

49er so if you don't have a light you can not be charged with night hunting? I guess just hunting after legal shooting hours right?

not that I remember Alabama law requires that a LEO have some kind of cause to stop a vehicle, stuff like swerving, shining, tail light out, speeding, etc.

Happen to someone????

Yea ME!

yer a better man than I. I would of told him where to stuff it and that I was leaving.

I was in New Mexico on a bear hunting trip several years ago. The guide asked me to ride to town with him and to get some water at a roadside well. We were both dressed in jeans, no camo or guns. He knew I was a GW and had been bad mouthing the local NM GW pretty bad.

As we approached the well on the way back we met the GW. Guide told me we were fixing to get stopped. We pulled over at the well and the GW rolled up like the world was on fire. He walked up to me and asked for my hunting license. I told him to pound sand as I was getting water and pretty damn sure I was not needing a hunting license to get water on the side of the road. He said he was sure I was there to hunt. I told him I was sure he was an asshole and get out of my face. He then turned on the guide and basically threatened him. Then left.

I had to deal with him two more times before we left and it was all downhill. A real POS of a GW. I called NM game commissioner after getting home and placed a LONG complaint against him.

Having all the elements (or even most of them) of the prima facie case in place literally puts you in a position of having to prove you were not hunting is how I understand it. Like troy said, they have to have a reasonable suspicion that a crime is in progress to even stop you to begin with.

Lawyer up and help cut this kind of crap out. The case I cited had a kid for a defendant.

Well should I file a complaint for the stop or not?

You need to let an attorney advise you.

Tell him what happened and let him decide how you should handle it.

If you do nothing, it will continue.

I don't think a complaint would do anything, just talked to a friend of mine on Facebook the same one that the GW sent a message too at 3:30 am that morning asking about me. The GW told him that I was riding in a truck that matched a description of one that they have had complaints about. Im sure thats a catch all for a Game Warden stop.

The fb thing just nakes things worse to me. First you were harassed, now the guy is asking folks about you on the internet tarnishing your name.

I don't pretend to be an attorney. I only share what I've read and understand about the law.

The call to the gw gave "reasonable suspicion" for an initial stop.

It did not, in my opinion, give "probable cause" that a crime had occurred, was occurring, or was about to occur in order to lawfully support an involuntary detention and search of your vehicle.

It appears to me that you have good cause to speak to an attorney about unlawful abuse of authority under color of law and a civil action for recovery of damages. That is a decision for you to make.

Its funny because the next afternoon I posted this before I found out the Game Warden was snooping around on my Facebook page. Oh yea he seen it!

Congrats on the buck.


Keep this in mind if you speak to an attorney:

fairwater,



Code of Alabama 1975

I'd call Chuck Sikes -

That's why people need to film or record everything they can. The bad apples need to be weeded out. Law enforcement has a tremendous amount of authority and needs to be held to a very high standard. Making things public and embarrassing his superiors with real evidence like video or audio is about the only way to get results these days.