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Poacher #238720
12/13/11 01:09 PM
12/13/11 01:09 PM
Joined: Jan 2010
Posts: 45
Central ala
T
tiger87 Offline OP
spike
tiger87  Offline OP
spike
T
Joined: Jan 2010
Posts: 45
Central ala

My Question is if I gave this photo to the local Game Warden how much effort would they put into identifying and prosecuting this Poacher? Would he be charged with poaching or just trespassing and also he has no orange would he be ticketed with that as well?

Re: Poacher [Re: tiger87] #238776
12/13/11 02:24 PM
12/13/11 02:24 PM
Joined: Dec 2006
Posts: 616
Talledega County
TwoToes_Hunter Offline
Pimp Daddy
TwoToes_Hunter  Offline
Pimp Daddy
Joined: Dec 2006
Posts: 616
Talledega County
Thats just enough to piss ya off aint it.
Dont know if he could go on just that photo alone. Lucky your cam is still there.


My Trail Cam history to save you money:
3 DLC Coverts II=After 3 years 2 still work and in the woods.
1 DLC Covert Extreme TL= Great cam.
1 Covert Reveal
2 Bushnell TC=Both repaired, one of them twice. Less than a year old.
Re: Poacher [Re: tiger87] #238786
12/13/11 02:39 PM
12/13/11 02:39 PM
Joined: Feb 2009
Posts: 5,577
Tuscaloosa, AL
Bowfool Offline
12 point
Bowfool  Offline
12 point
Joined: Feb 2009
Posts: 5,577
Tuscaloosa, AL
I would definately call the GW, 100% no doubt. I think he could ticket him from the photo, JMO.


‘Obama Is the Greatest Hoax Ever Perpetrated on the American People’ - Clint Eastwood
Re: Poacher [Re: tiger87] #238788
12/13/11 02:40 PM
12/13/11 02:40 PM
Joined: Jan 2005
Posts: 33,437
Your mom’s house
doekiller Offline
Freak of Nature
doekiller  Offline
Freak of Nature
Joined: Jan 2005
Posts: 33,437
Your mom’s house
In the State of Alabama an officer can not arrest you for a misdemeanor that he did not witness unless you swear out a warrant. In order to swear out a warrant, you have to know who it is. Hell, I would enlarge it and post it at every store around there with a sign that say, "Do you know this trespasser?"

Re: Poacher [Re: tiger87] #238790
12/13/11 02:41 PM
12/13/11 02:41 PM
Joined: Jan 2005
Posts: 33,437
Your mom’s house
doekiller Offline
Freak of Nature
doekiller  Offline
Freak of Nature
Joined: Jan 2005
Posts: 33,437
Your mom’s house
I will say this, if he has been there once, changes are he will come back and the game warden can arrest him in the act.

Re: Poacher [Re: tiger87] #238898
12/13/11 06:29 PM
12/13/11 06:29 PM
Joined: Feb 2009
Posts: 1,322
Mobile County
Calcium Offline
Got Milk?
Calcium  Offline
Got Milk?
Joined: Feb 2009
Posts: 1,322
Mobile County
That's BS!!!!



Re: Poacher [Re: tiger87] #238899
12/13/11 06:29 PM
12/13/11 06:29 PM
Joined: Feb 2009
Posts: 1,322
Mobile County
Calcium Offline
Got Milk?
Calcium  Offline
Got Milk?
Joined: Feb 2009
Posts: 1,322
Mobile County
Is that one of them Black Panthers ya'll are always talking about??



Re: Poacher [Re: tiger87] #239147
12/14/11 12:17 AM
12/14/11 12:17 AM
Joined: Mar 2003
Posts: 16,021
Hartselle Al.
n2deer Offline
Old Mossy Horns
n2deer  Offline
Old Mossy Horns
Joined: Mar 2003
Posts: 16,021
Hartselle Al.
He will be back at some point. And I bet someone else showed him the place.


Do you want to hear him gobble, or do you want to kill him.
Re: Poacher [Re: Calcium] #239153
12/14/11 12:31 AM
12/14/11 12:31 AM
Joined: Jan 2001
Posts: 25,859
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 25,859
Fayetteville TN Via Selma
Originally Posted By: Calcium
That's BS!!!!


BS because you don't like the law as Doekiller explained or BS because you think Doekiller is wrong? Maybe you mean the trespassing is BS. Just not clear on what the BS is for.

I hear the BS because people don't like the law alot, but is 100% the way the laws are written. FWIW, the exceptions to this are Domestic Violence, DUI, and Shoplifting.

Give it to the GW. He'll show it around and someone will probably know the person. He'll either watch for him or talk to the guy and tell him to stay away. Either way, it helps you.

Last edited by jawbone; 12/14/11 12:35 AM.

Lord, please help us get our nation straightened out.
Re: Poacher [Re: jawbone] #239282
12/14/11 09:09 AM
12/14/11 09:09 AM
Joined: Jan 2005
Posts: 33,437
Your mom’s house
doekiller Offline
Freak of Nature
doekiller  Offline
Freak of Nature
Joined: Jan 2005
Posts: 33,437
Your mom’s house
Originally Posted By: jawbone
Originally Posted By: Calcium
That's BS!!!!


BS because you don't like the law as Doekiller explained or BS because you think Doekiller is wrong? Maybe you mean the trespassing is BS. Just not clear on what the BS is for.

I hear the BS because people don't like the law alot, but is 100% the way the laws are written. FWIW, the exceptions to this are Domestic Violence, DUI, and Shoplifting.

Give it to the GW. He'll show it around and someone will probably know the person. He'll either watch for him or talk to the guy and tell him to stay away. Either way, it helps you.


I guess in complete truth, I should have said there were exceptions.

Those exceptions (the dui one) cost me a federal trial one time when my client was arrested for dui and they found guns and drugs in the car. The officer didn't see my client driving, he came upon him in a ditch. At the end of the close of the government's case, I moved to have the charges dismissed on the basis that the officer did not see my client driving and therefore could not make the arrest. The Judge granted the Motion. We thought we were all in the clear until the US Attorney pulled out the exceptions and the Judge had to reverse himself and we started over trying the case and lost. I hate it when prosecutors actually know the law!!!

Re: Poacher [Re: doekiller] #239321
12/14/11 09:39 AM
12/14/11 09:39 AM
Joined: Aug 2011
Posts: 185
Jacksonville
J
JSOG47 Offline
3 point
JSOG47  Offline
3 point
J
Joined: Aug 2011
Posts: 185
Jacksonville
Yeah that is awful. I really hate it when criminals with guns and drugs aren't allowed to go completely free.

Re: Poacher [Re: JSOG47] #239380
12/14/11 10:51 AM
12/14/11 10:51 AM
Joined: Aug 2008
Posts: 4,700
Pisgah, AL
bowtarist Offline
THE Octopus
bowtarist  Offline
THE Octopus
Joined: Aug 2008
Posts: 4,700
Pisgah, AL
Originally Posted By: JSOG47
Yeah that is awful. I really hate it when criminals with guns and drugs aren't allowed to go completely free.


Ain't that the truth. Happens more and more now days.

Re: Poacher [Re: tiger87] #239675
12/14/11 06:09 PM
12/14/11 06:09 PM
Joined: Feb 2009
Posts: 1,322
Mobile County
Calcium Offline
Got Milk?
Calcium  Offline
Got Milk?
Joined: Feb 2009
Posts: 1,322
Mobile County
The BS was talking about the poacher!!!



Re: Poacher [Re: tiger87] #239727
12/14/11 07:13 PM
12/14/11 07:13 PM
Joined: Jan 2010
Posts: 45
Central ala
T
tiger87 Offline OP
spike
tiger87  Offline OP
spike
T
Joined: Jan 2010
Posts: 45
Central ala
Caught him today! I drove down to our land and sat in my truck where i could see the neighbors field where i expected he came from, sure enough about thirty minutes before dark I saw someone walking across the field towards our property. I got my binoculars out and recognized the lever action rifle he was carrying also the same camo and backpack. He was about 300 yards away so I stepped out and whistled at him and waved him over. I asked him his name and told him we got a picture of him trespassing and if he swore not to do it again then I wouldn't give it to the game warden. He apologized and swore he wouldn't. I may still give the game warden the guys name and ask him to give the guy a talking too.

Re: Poacher [Re: tiger87] #239757
12/14/11 07:55 PM
12/14/11 07:55 PM
Joined: Jul 2011
Posts: 39,456
Marshall County
FurFlyin Offline
Freak of Nature
FurFlyin  Offline
Freak of Nature
Joined: Jul 2011
Posts: 39,456
Marshall County
Originally Posted By: tiger87
Caught him today! I drove down to our land and sat in my truck where i could see the neighbors field where i expected he came from, sure enough about thirty minutes before dark I saw someone walking across the field towards our property. I got my binoculars out and recognized the lever action rifle he was carrying also the same camo and backpack. He was about 300 yards away so I stepped out and whistled at him and waved him over. I asked him his name and told him we got a picture of him trespassing and if he swore not to do it again then I wouldn't give it to the game warden. He apologized and swore he wouldn't. I may still give the game warden the guys name and ask him to give the guy a talking too.


I'm glad you caught the guy, but I sure wouldn't have let him leave without the game warden tearing into him.


If my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then will I hear from heaven and will forgive their sin and will heal their land. 2 Chronicles 7:14
Re: Poacher [Re: tiger87] #239775
12/14/11 08:13 PM
12/14/11 08:13 PM
Joined: Sep 2004
Posts: 36,250
alabama
BhamFred Offline
Freak of Nature
BhamFred  Offline
Freak of Nature
Joined: Sep 2004
Posts: 36,250
alabama
"a talking to" dosen't do diddly squat...basically he got away with it for free. No telling how many times he had been there.

The ONLY way to stop poaching is to PROSECUTE every one, every time.....

troy


I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....

proud Cracker-Americaan

muslims are like coyotes, only good one is a dead one
Re: Poacher [Re: tiger87] #239779
12/14/11 08:18 PM
12/14/11 08:18 PM
Joined: Jul 2011
Posts: 39,456
Marshall County
FurFlyin Offline
Freak of Nature
FurFlyin  Offline
Freak of Nature
Joined: Jul 2011
Posts: 39,456
Marshall County
Fred be right on.

If I were you, I'd be back tomorrow. No way he's gonna expect you there 2 days in a row. I'd get someone to drop me off and pick me up. He'll be watching for your truck. I'd alert the GW and tell them to expect a call around 4:30.

The only way what you did MIGHT work is if it was a kid who you buffaloed the schit out of. A grown man will be back, likely tomorrow. The kid will wait a week or two.


If my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then will I hear from heaven and will forgive their sin and will heal their land. 2 Chronicles 7:14
Re: Poacher [Re: BhamFred] #239948
12/14/11 10:48 PM
12/14/11 10:48 PM
Joined: Nov 2004
Posts: 12,788
Thomasville, AL
H
Hogwild Offline
Booner
Hogwild  Offline
Booner
H
Joined: Nov 2004
Posts: 12,788
Thomasville, AL
Originally Posted By: BhamFred
"a talking to" dosen't do diddly squat...basically he got away with it for free. No telling how many times he had been there.

The ONLY way to stop poaching is to PROSECUTE every one, every time.....

troy


AMEN!!!

There is NO accountability, and WAY too much sympathy around today.

Re: Poacher [Re: FurFlyin] #239956
12/14/11 10:53 PM
12/14/11 10:53 PM
Joined: Dec 2002
Posts: 51,986
Round ‘bout there
C
Clem Offline
Mildly Quirky
Clem  Offline
Mildly Quirky
C
Joined: Dec 2002
Posts: 51,986
Round ‘bout there
x2 what Furflyin said.

He'll be back. He thinks you're too stupid or lazy or busy to be checking out there every day.

It's like an offensive lineman who gets called for holding. Every guy on the line is holding like crazy the following play b/c they know they're not going to call it again.

Might want to move your camera to a new location, too.


"Hunting Politics are stupid!" - Farm Hunter

"Bible says you shouldn't put sugar in your cornbread." Dustin, 2013

"Best I can figure 97.365% of the general public is a paint chip eating, mouth breathing, certified dumbass." BCLC, 2020
Re: Poacher [Re: Hogwild] #239980
12/14/11 11:22 PM
12/14/11 11:22 PM
Joined: Oct 2005
Posts: 10,997
Warrior River Country
49er Offline
Booner
49er  Offline
Booner
Joined: Oct 2005
Posts: 10,997
Warrior River Country
I was looking over the AL Pattern Jury Instructions today, and this one caught my eye. If I'm reading it right, you might also file a claim for civil damages even though you were not injured:

Instructions to the jury:
Quote:

APJI 31.76 Trespass--Real Property--Damages--Nominal

If you are reasonably satisfied from the evidence that defendant trespassed on plaintiff's land, but that the plaintiff suffered no substantial damages as a proximate result thereof, then you may award nominal damages to the plaintiff.
Nominal damage is a trivial sum awarded in recognition of a technical injury which has caused no substantial damage.
Nominal damages are recoverable for trespass even where no injury is suffered.


Also bear in mind, trespassing is a violation, while hunting without permission is a misdemeanor with stiffer penalties.

Quote:
Section 13A-7-4
Criminal trespass in the third degree.

(a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.

(b) Criminal trespass in the third degree is a violation.

(Acts 1977, No. 607, p. 812, §2607.)



Section 13A-1-2
Definitions.

Unless different meanings are expressly specified in subsequent provisions of this title, the following terms shall have the following meanings:

(16) VIOLATION. An offense for which a sentence to a term of imprisonment not in excess of 30 days may be imposed.




Quote:
Section 9-11-241
Hunting, trapping, etc., of wild game during day on lands of another without permission.

Any person who hunts, traps, captures, injures, kills, or destroys, or attempts to hunt, trap, capture, injure, kill, or destroy any wild game on the lands of another between the hours of daylight and sunset without the written permission of or accompanied by the landowner or person in possession or control of the lands shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of not less than one thousand dollars ($1,000), and at the discretion of the court may have all hunting license privileges revoked for up to one year from the date of conviction. Any person shall be punished for the second and each subsequent offense by a fine of not less than two thousand dollars ($2,000) and the revocation of all hunting license privileges for one year from the date of conviction, and shall be imprisoned in the county jail for a period not less than 10 nor more than 30 days.
This section shall not apply to the members of the family, guests, servants, or agents of the landowner.

(Acts 1936-37, Ex. Sess., No. 191, p. 224, §1; Code 1940, T. 8, §92; Acts 1975, No. 1119, p. 2208, §1; Acts 1982, No. 82-489, p. 813, §1; Act 2008-384, p. 714, §1.)




Section 9-1-4
Penalty for violation.

Unless otherwise provided, a violation of any of the provisions of this title or any rule or regulation of the Department of Conservation and Natural Resources or approved by the Advisory Board of Conservation and Natural Resources shall be a Class C misdemeanor.
(Code 1923, §§5112, 5120; Acts 1932, Ex. Sess., No. 212, p. 214; Code 1940, T. 8, §13; 2008-384, p. 714, §1.)





Section 13A-1-2
Definitions.

Unless different meanings are expressly specified in subsequent provisions of this title, the following terms shall have the following meanings:

(9) MISDEMEANOR. An offense for which a sentence to a term of imprisonment not in excess of one year may be imposed.


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