[sdwlucas]

I have a friend who hunts anywhere where the land is not posted.

Yeah and so does 75% of PA hunters.

I hate to tell you but in PA if it is not posted it is free game for anyone as long as they are legally hunting.

I asked a DJ and read the law, supposidly there is case case law as to how the posted signs should be posted. I have yet to find it.

I agree, you should ask permission to hunt the private land but in PA it is legal to hunt private property as long as it is not "legally" posted.

I posted the link on a thread a few weeks ago from the PA Crimes Code Title 18, section 1303 (If my memory serves me correctly)

If a DJ finds you guilty for trespass and you appeal to Commonweath Court, your attorney will bring the case law as a defense. IMO

 

[sdwlucas]

Thank you for those who read and understood my response, I added the Crimes Code as an FYI on my previous post! You read and comprehend as you would like, not saying that all people read the same thing the same way.

If it were not so late, I'd call the DJ and see if he could explain the rules of PA again.

I also agree this is why land gets posted more and more each year, I'm trying to play devil's advocate.

There is case law and I will work my best to find it and post it one here. I didn't make up Title 18, it's the way it is, courts decide how to clarify the law.

 

[sdwlucas]

Is a muzzle blast a warning?

Negative. That would be wreckless endagerment or disorderly conduct....on your part....and would get you arrested, not the trespasser.

From the news tonight:

Reported by: Nate Potter
Tuesday, Nov 24, 2009 @04:38pm EST

BEAVER TOWNSHIP, JEFFERSON COUNTY - One man was shot and another man was injured in a double shooting on Tuesday.

A witness said that two men were hunting in the woods in Beaver Township, between Punxsutawney and Brookville. A man shot one of the hunters. The other hunter turned and shot the shooter, according to the witness. The shooter was killed, and the hunter was injured.

Police responded to the shooting at 11:00 a.m.

Continue to follow the latest details on WeAreCentralPA.com and WTAJ News.

 

[sdwlucas]

I once had a WCO tell me that at the least the owner had to have their telephone number on the signs. He said that if a hunter wounded a deer and it entered posted property the hunter need to know who to contact to see if he could retrieve the deer. If the owner would not give permission to call him and he would retrieve it.

All of that is bunk. Plus, no landowner has to give permission to a WCO to retrieve a deer. That issue has been discussed before on here by the resident WCO's.

Tannery,

You are 100% correct, A WCO must first get permission to retrieve a deer.

 

[sdwlucas]

Not true.

100% true I was their. I hit a deer in muzzle loader season and it went on this posted property. Land owner would not let me retrieve the deer. I phoned the WCO and told him what was up. He met me at my house and followed me to the property the deer went into. He noticed the signs did not have any name or phoned number on them. This is when he informed me that the signs have to have a phone number on them. He then proceeded on to the property to retrieve the wounded deer. Absolutely true.

What is the WCO's name? How did you reach him, you have a number you can reach him/her immediately? If you or the WCO can show me where in the law they have a right to track a deer on personal property I will buy you a beer. Recently there has been case law on WCO's and whether they can enter private property to check license if they have probable cause that someone is hunting. I don't believe this case law regards the searching for a wounded animal on private property.

 

[sdwlucas]

I asked my WCO friend and he said he can go on anyones land he wants to retrieve a deer. If they refuse to let him he will arrest them.

You are serious, aren't you?

That is the one of the most outlandish remarks I've ever seen on here.

+1,000,000.00 Arrest him for what? The landowner did nothing wrong. I will end my argument as soon as someone shows me proof that a WCO can go on private property to recover a deer.

 

[sdwlucas]

THANK YOU DUTCH!!!!!!! I'm glad you took the time to search for those posts, it was driving me nuts trying to find them!

 

[sdwlucas]

Dutch, help! It's still driving me nuts!!!!

Ok, it's still driving you nuts?! Read exactly what I posted earlier and you won't be so nuts! PA-Guy, you really don't understand do you? READ AND COMPREHEND the info posted on here, you'll understand!

 

[sdwlucas]

Show up on my posted land and I'll show you selfish. My land is my land it is not for some scab to leech off of. The Commonwealth has public land that is for all. Private land is just that.

Are you gonna shoot someone on your property(not inside a dwelling!) for no reason other than they are trespassing? Maybe you need a psych evaluation, sounds like the guy who was just shot! Someone make sure they save this post on for further reference!

 

[sdwlucas]

is it legal to make your own signs that say, "i am legally psychotic, this is my property and if you are caught on it, you will be shot!"

Yes.
Some signs may say, "If you can read this sign, you're in range."

Finally Pa-Guy, something I agree with!

 

[sdwlucas]

Hoyt,

Read a post earlier this year about the same thing, I will try and find it but a WCO cannot go retrieve a deer on private property. I will post this as soon as I find it.

Me personally, I would take my chances and take the fine for finding my deer!

 

[sdwlucas]

A WCO can go on any land with probable cause. That can be from a phone call, word of mouth etc. they can search vehicles, buildings, homes if they want to.

You really have quite a bit to learn! Beav you better brush up on Criminal Law! I am not a lawyer or judge or lawmaker but you really do need brush up on the law and procedures.

 

[sdwlucas]

I would say there would at least have to be a blood trail going on to the posted property. I do not believe he would have the right just because a hunter thought he wounded a deer. There would have to be some evidence of a wounded deer. I believe there would not be any charges filed if the WCO was retrieving a deer.

"BECAUSE A HUNTER THOUGHT HE WOUNDED A DEER!" does not give probable cause to look for a deer.

 

[sdwlucas]

I beg you to talk to the Game Commission

you can talk to PGC all you want, they cannot enter a home, vehicle or a secured property without a legal consent or without obtaining a search warrant to search such property. Look up search and seizure rules, case law etc. Look up the rules of criminal procedure and until a WCO can disprove these than I will continue to argue.

Hoyt & Beav bring your arguments on!

 

[sdwlucas]

I would say there would at least have to be a blood trail going on to the posted property. I do not believe he would have the right just because a hunter thought he wounded a deer. There would have to be some evidence of a wounded deer. I believe there would not be any charges filed if the WCO was retrieving a deer.

"BECAUSE A HUNTER THOUGHT HE WOUNDED A DEER!" does not give probable cause to look for a deer.

Hoyt, I DO APOLOGIZE! YOU DID SAY SUCH! HOPEFULLY MY APOLOGIES ARE ACCECPTED!

 

[sdwlucas]

And I will argue that PGC controls all game species in PA, therefore can enter upon any land to manage the game species.

Explain "controls"......you are obviously better versed with the PGC laws than I am!

 

[sdwlucas]

A car, yes they can search as long as it is "plain view". I will agree with that. Plain view was also a legal argument at some point during a case, making it case law.

 

[sdwlucas]

They may be able to hold such vehicle if they view a violation but may need to secure the vehicle and obtain a search warrant to search the vehicle. It will be up to the judge to approve such warrant.

 

[sdwlucas]

All game species fall under the jurisdiction of the PGC. If they suspect something foul on your property they can look anywhere they want.

Suspicion is not a reason to search anything! I'll give you some literature to become familiar with. You are the reason why people think the PGC are gestapos. Guess what if the PGC has such rights so do the Pennsylvania State Police. PSP can enforce any law throughout the Commonwealth as long as it is a state law.

Beav,

Are you saying that PSP can search anything they please if they think a crime has been committed?

 

[sdwlucas]

So your saying the PGC cannot search properties around the state? I do not think of them as the "Gestapos" there is no one in history like that. I think they do a great job with the limited resources that they have. I'll tell you what, hide a wild game species in your house, tell me where it is and we'll see if they can come in

"Limited resources that they have???!" OK I HAVE AN ILLEGALLY HARVESTED BOBCAT AND CHIPMUNK IN MY FREEZER! I AM NOT GIVING MY ADDRESS DUE TO THE FACT THAT I AM A LEO. YOU FEEL FREE TO PM ME AND I WILL GIVE YOU MY PHYSICAL ADDRESS!