# Ethics in Deer Hunting



## fish-on! (Aug 11, 2013)

This incident occurred at an undisclosed location in North East Ohio. A good friend of mine was bow hunting recently and shot a doe. Like me, he's got his share of trophy bucks and now hunts more for food and the outdoor experience. So,.........the doe runs off onto another persons property, probably twenty yards over the property line. The doe is down and dead. He lawfully knocks on the property owners door to get permission to retrieve his downed doe. Without cursing this property owner too much, she claims her property is an animal sanctuary and refuses permission to go on her land and retrieve the dead doe. She says once the deer enter onto my land they are safe from hunters. He exclaims that the deer is dead and reminds her of the coyote problem in the area. Her final answer was "NO". He leaves the property in disgust, knowing the deer meat is going to go to waste. So, we all know the law says you have to gain permission to retrieve a deer or even to track a deer on another's property.........so what would you do in this situation. Some say, the law is the law, and some say, there's no way I'm letting that deer meat go to waist. Well,..........this unnamed person at this unnamed location decided to go back after dark and retrieve his doe. There are so many different reasons why one should or shouldn't retrieve the deer in this situation.


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## lotaluck (Dec 17, 2009)

That really is disapointing. A call to the local game warden or sheriff should clear this up. I believe they both have permission to enter private property to gain acess. The problem here is getting on their schedule before the meat goes bad. Really hate to hear this an am personally glad your buddy got his dear.


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## ostbucks98 (Apr 14, 2004)

alot of times you can call a game warden and if they are not to busy they can try to "persuade" land owner to allow you to retrieve game. sometimes it works sometimes it dont.


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## Mr. A (Apr 23, 2012)

This is one of those situations where you're darned if you do and darned if you don't. The hunter made the best attempt possible to claim the downed doe within the confines of the law. IMO, even failing to get the doe he was as ethical as you can be in the situation. 

Personally that's where I would have stopped. Mostly because I have heard of, and seen, to many similar situations blow up in the past.

I was rabbit hunting with a buddy and his grandpa. We shot a rabbit that literally got blown under an old 3 bar field fence but over the property line. The neighbor, a hunter himself, came screaming that the rabbit was on his property so it was his, we better not cross the property line. My buddies grandpa knew him, kinda like the Hatfield's knew the McCoy's. He growled, "boys, back up." Then put 2 more shots it it, obliterating it, and told the guy he could have it. That was 20 years ago. I have no doubt the cops would have been called if that we're today....



Mr. A


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## fish-on! (Aug 11, 2013)

That's awesome. I respect good discretion and/or loop holes from Law Enforcement Officers.

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## Mushijobah (May 4, 2004)

From what I've learned, LE can charge the woman for wanton waste of a resource if she does not utilize the deer. So she's sort of coerced into using the deer or letting your buddy retrieve. Not saying I condone going and getting it without asking in this particular situation, but......................................


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## 9Left (Jun 23, 2012)

Mushijobah said:


> From what I've learned, LE can charge the woman for wanton waste of a resource if she does not utilize the deer. So she's sort of coerced into using the deer or letting your buddy retrieve. Not saying I condone going and getting it without asking in this particular situation, but......................................




That sounds ridiculous..I've never heard of someone having charges brought on them for not "utilizing" a dead deer on their property...


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## sherman51 (Apr 12, 2011)

in this case and any other the land owner has the last word. that is why people own their land and it gives them the right to keep others off.

I hate to see the meat go to waste as much as the next guy. but I don't want to give up the right to say no. I would never say no to another hunter that just wanted to retrieve the deer. but if I was told no then I wouldn't trespass to get the deer. not only is it against the law but it gives all hunters a black eye and a bad name.

there is a lot more deer lost from making bad hits than will ever be lost because of landowners who just don't understand the deer is already dead. and by letting you tag it might just keep you from shooting more deer.

sometimes you can get a leo to come out and talk to the land owner. but its there land and they should have the right to say no. and we all should obey the law. its no difference in one law over the other. just because we don't like a law doesn't give us the right to sneak in under darkness and brake that law. im sure there is a lot of laws that we don't like. but it doesn't give us the right to ignore the law. I have to stand behind the land owners rights. this is just my opinion on this subject.
sherman


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## Mushijobah (May 4, 2004)

9Left said:


> That sounds ridiculous..I've never heard of someone having charges brought on them for not "utilizing" a dead deer on their property...


It can happen and it is less ridiculous sounding than the alternative.

I must say I've only heard about this as a technique wildlife officers use to retrieve deer. Can't provide an actual example. Could b wrong.


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## bobk (Apr 30, 2004)

As a landowner I would let a hunter on my property if they ask. If I would happen to catch them on my land I would have them prosecuted for trespassing. The lady might be fed up with the so called hunters that just act like it's ok to trespass who knows. Sad to see a deer go to waste but hunters should obey the laws no matter what.


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## ostbucks98 (Apr 14, 2004)

theres laws and then moral laws.

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## Fish-N-Fool (Apr 12, 2004)

I'm no lawyer, but I don't think wanton waste laws apply here.....wanton waste charges would only apply if the landowner was responsible for the death of the animal.

Example: I own 100 acres and shoot 3 deer (called all 3 in) and just leave them lay. LEO gets a complaint from neighbor and investigates. Everything is legal and on the "up & up" - I own the land and tagged all 3 within the limits. If LEO can prove I just left the deer lay he could, at his discretion bring wanton waste charges on me. It wouldn't be mandatory, but the officer has the right.

You typically don't see wanton waste charges in the midwest.


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## fish-on! (Aug 11, 2013)

I agree, and no he shouldn't have gone back, only because of law though. And as far as landowners rights, they should be respected. But I do have strong feelings on ethics and morals when it comes to hunting related trespassing. By Ohio law they have the right to not let you retrieve the deer, with a warden or not. But if the landowner takes possession of that deer, they would be in violation of an illegally harvested deer. To possess a deer kill without it being tagged by the possessor or to possess another's kill is illegal, unless you are a licensed processor for the later.


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## Lundy (Apr 5, 2004)

bobk said:


> As a landowner I would let a hunter on my property if they ask. If I would happen to catch them on my land I would have them prosecuted for trespassing.


I agree 100%, not only would I grant access I would help them get it out.

However, if the deer is dead, in sight, within 20 yds of the fence line and I asked and was refused permission to access the deer I would cross the fence and get the deer and accept the consequences of my actions, whatever they may be. I would tell her I am going so she could call the law and then I would go get the deer and wait to see if they show up. I would not go without telling her I am going.

If I am hunting close to a property line I should be asking for permission to retrieve a deer long before one is dead across the fence. If you know in advance that permission will be refused maybe you hunt a different location.


If I make the decision to kill a deer I am not going to let it rot. I KILLED it, my responsibility, what ever happens.


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## Net (Apr 10, 2004)

Mushijobah said:


> From what I've learned, LE can charge the woman for wanton waste of a resource if she does not utilize the deer.


You been watching too much Alaska State Troopers son!


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## Net (Apr 10, 2004)

As a landowner I'd do the same as Lundy. Not only would I give my permission but I'd offer to get my tractor and haul it out as well.

IMO, ethics questions have one simple answer. Would I teach my son or daughter to do the same thing when faced with a similar situation.


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## mpd5094 (Jun 20, 2005)

I understand the law is the law, but I would've done the same thing and took my chances. How about an ocean rod and reel with 200 lb test and a large treble hook?


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## catfishnut (Dec 23, 2010)

sherman51 said:


> in this case and any other the land owner has the last word. that is why people own their land and it gives them the right to keep others off.
> 
> I hate to see the meat go to waste as much as the next guy. but I don't want to give up the right to say no. I would never say no to another hunter that just wanted to retrieve the deer. but if I was told no then I wouldn't trespass to get the deer. not only is it against the law but it gives all hunters a black eye and a bad name.
> 
> ...


Well said....no is no....so he shouldn't of gone back......period. Perhaps it would of been wise to check with neighbors prior to hunting to make sure a retrieval was possible, if needed.


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## CrappieTacos (Jun 22, 2010)

I would have done it the exact same way he did it.


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## Papascott (Apr 22, 2004)

I'm not saying this is the case here at all buy an observation of mine from hunting in n.e. Ohio.

There are a lot of small wooded lots in my area, 3-10 acre building lots. I see a lot of people back yard hunting, IMO unless they get permission from a hood number of neighbors to retrieve from peoples property around the area they probably shouldn't hunt 

As for what to do in his situation. I will say Lundy was spot on with his reply.


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## sherman51 (Apr 12, 2011)

I just want to say I like the respect everyone is showing to those who disagree on this thread. I think it is really good that we can discuss this subject without any name calling.

lundy I do understand how you feel. and I do respect you for being willing to take your punishment but I still feel the law is there for a reason. to protect the rights of the land owners.

I was hunting some property at Brookville lake. it was close to an open field that I knew was private property. I spent the better part of a day getting in touch with the land owner. I told him where I was hunting, and asked if I could go on his property to retrieve a deer. I was told as long as I was on Brookville property I could shoot deer in his field, but to come get him before I crossed onto his property. I think this was a nice thing for him to do. but how many times does hunters shoot deer across the line then want permission to retrieve the deer?? and im not saying that any posters here would do that, but there are a lot of hunters who would.
sherman


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## u.s.vet (May 16, 2013)

I live in mentor, and they just opened up archery hunting over the last couple years. The regs say to call the local police station and have an officer accompany you if it crosses a property line. I'd imagine an officer of any other township would be willing to do the same.


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## Big Chief (Dec 16, 2005)

As a property owner myself, I would never not allow them to retrieve the deer. IF they contact me first!! 
If they did not ask, they would be met by one who is P O'd and probably packing heat.
I always try to respect neighboring property owners as it is there land.
In this situation, that you asked and they were anal about it,,,,, I would do just as you did..


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## Lundy (Apr 5, 2004)

Sherman,

Not saying my actions would be the right course or wrong course for anyone else, only telling you what I would do. I'd even leave the owner a business card so they can send the law to find me if I am gone by the time they show up.

I will NOT kill a deer and just let it lay there within my sight. I respect the deer and their lives that I hunt way too much to let that happen. My fault to even be in that situation, my consequences.


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## MassillonBuckeye (May 3, 2010)

Lundy said:


> Sherman,
> 
> Not saying my actions would be the right course or wrong course for anyone else, only telling you what I would do. I'd even leave the owner a business card so they can send the law to find me if I am gone by the time they show up.
> 
> I will NOT kill a deer and just let it lay there within my sight. I respect the deer and their lives that I hunt way too much to let that happen. My fault to even be in that situation, my consequences.


That sure would be a tough spot to be in wouldn't it! I'd be absolutely sick! You have to imagine there'd be some way to reason with that land owner.. The deer is definitely dead right? Not speculated dead and guy wanting to track through?? Not that that would change much, but yeah.. Just sick  I hate hearing lost deer stories of any sort. The "right" thing is to utilize if possible if you've killed it and not impede that process. Hunting is legal last I checked and you could even say there are moral obligations/duties onto us as the guardians of all our natural resources including(and especially!) the wildlife. Not just here for "saving their lives" folks. Most of us(hopefully all of us) are conservationists ourselves.. Many some of the staunchest even I'd reckon. This is really upsetting me actually as I've been hunting a largely residential area where one running through a lawn is a definite possibility.. Thinking of how I would handle it.


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## Jigging Jim (Apr 3, 2010)

"No" means "No" - Stay off of that Land. The value of "Landowner Rights" Trumps the value of that Deer. If a Warden or Sherriff talks the Owner into allowing a Hunter to retrieve a dead Deer, then that becomes an acceptable situation.


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## Mason52 (Aug 21, 2009)

I believe you have the right to pursue your game onto someone else s property if you had the game warden with you and that they cannot stop you. I think that that is the law. I could be wrong, but I believe you have that right under the law... I could be wrong but that's how I remember it.


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## Lundy (Apr 5, 2004)

Mason52 said:


> I believe you have the right to pursue your game onto someone else s property if you had the game warden with you and that they cannot stop you. I think that that is the law. I could be wrong, but I believe you have that right under the law... I could be wrong but that's how I remember it.


No, not legal without landowners permission no matter who is with you


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## carp (Oct 31, 2011)

Ohio is in the process of repealing this insane law. 

From a very good source, it is in the works to have a law enforcement officer accompany the hunter on private property for a recovery, even if the landowner says NO! Bad thing is most of the time it will be to late for the meat, but would be OK for a trophy deer.

Some landowners may scream, but its long over due.

There is a landowner in our neck of the woods that doesnt allow any deer recovery on his property, PERIOD!!!!! But we have this same man on trail cam stealing corn from a bait pile we had out!!!!!

Most of these anal, type A, landowners that dont want anyone on there land, have skeletons in their closets to!

Had a neighbor shoot a deer, came onto my property . He called, i said go for it. I told him he had open invitation from now on, no need to call!


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## leupy (Feb 12, 2007)

My friends and I leased 600 acres in Galia county in an area with a large Amish population. They asked as if they could retrive deer on our lease and we said yes after you notify us and there had better be a blood trail going into the land. In this area they will kill five deer for each family member if they can and the deer population has gone down every year since they started moving in. Most carry crossbows in their buggies everywhere they go.


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## monsterKAT11 (Jun 20, 2004)

Lundy said:


> I agree 100%, not only would I grant access I would help them get it out.
> 
> However, if the deer is dead, in sight, within 20 yds of the fence line and I asked and was refused permission to access the deer I would cross the fence and get the deer and *accept the consequences of my actions*, whatever they may be. I would tell her I am going so she could call the law and then I would go get the deer and wait to see if they show up. I would not go without telling her I am going.
> 
> ...


This is exactly what i would do. Is it right? maybe not, is it right to let meat go waste? maybe not. This is what i would do. slip in, slip out. 

but you nailed it, I would also accept my consequences if caught. self accountability.


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## Shad Rap (Nov 10, 2010)

If its only 20 yards in and I can see the deer?..you can bet I'm crossing the fence and getting it back onto the property I hunt...immediately...I'll even leave my weapon behind to do so...call it whatever u want...I'm getting my deer regardless...even if that means going in at night.


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## limit out (Apr 14, 2012)

Wow a moderator breaking the law. Dont let me catch you on my land it would get ugly.Laws are laws whether you like them or not. This is why alot of farmers dont allow hunting anymore.


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## Mushijobah (May 4, 2004)

limit out said:


> Wow a moderator breaking the law. Dont let me catch you on my land it would get ugly.Laws are laws whether you like them or not. This is why alot of farmers dont allow hunting anymore.


Get ugly? Remember, laws are laws.


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## EYEFISHER2 (May 11, 2008)

i must say i pretty much agree with shad rap. someone not allowing you to retrieve game that you can SEE is dead, is just plain ignorant...breaking the law or what ever you want to call it that deer/game will be retrieved with no weapon in under 10 minutes and there is absolutly no reason not to allow it. congrats to all the law abiding citizens here, my hat goes off to you for the self control. but there is no way that deer would be staying there to rot permission or no permission for me


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## ostbucks98 (Apr 14, 2004)

what does being a moderator have to do with law?
If we want to talk specifics the land would have to be marked "no tresspassing" to press charges that will hold up in court.

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## bobk (Apr 30, 2004)

ostbucks98 said:


> what does being a moderator have to do with law?
> If we want to talk specifics the land would have to be marked "no tresspassing" to press charges that will hold up in court.
> 
> Sent from my ZTE-Z990G using Ohub Campfire mobile app


Nope , I don't have to post my property lines. Not my job to do that but it's your job to know whos property you are on.


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## ostbucks98 (Apr 14, 2004)

yeah thats true but try charging someone with tresspassing without signs being in place.

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## limit out (Apr 14, 2012)

Oh good so if its not posted I can hunt there. Thats funny there.Go ahead and try it the first day of gun season and let me know how that works out for you.And he said he would leave his business card,nothing about asking first.I shot a deer one time and I asked and the answer was no.I asked to show him where the deer was so he could have it so it wouldnt go to waste,after that he help me drag it out and let me have it.I asked how much of the meat he wanted,he was happy with the liver and heart.


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## bobk (Apr 30, 2004)

ostbucks98 said:


> yeah thats true but try charging someone with tresspassing without signs being in place.
> 
> Sent from my ZTE-Z990G using Ohub Campfire mobile app


That's why I replied to your post. I have charged people and had it stick. Seems that some people think they can tear the signs down and then claim they didn't know they were trespassing. Won't work if you want to press charges.


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## ostbucks98 (Apr 14, 2004)

we have been through this tresspassing discussion enough i dont really want to rehash. my brother has been a deputy for 20 years and handles many calls a month. if you want charges to stick post the property otherwise they are gonna be told to leave. if you think they are gonna be lead away in hand cuffs your mistaken.

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## bobk (Apr 30, 2004)

Everything you have said about trespassing and posting signs is wrong yet somehow you are still right. You win.


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## limit out (Apr 14, 2012)

Did you know if you catch someone on your land and you ask them to leave and they dont they are tresspassing. put that in your pipe and smoke it. My father spent 32 years on the force so dont tell me the law.


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## limit out (Apr 14, 2012)

For me this is over. To all you real hunters I hope you have a good and safe season, to the rest of you I hope you get caught.


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## ostbucks98 (Apr 14, 2004)

lol

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## Mushijobah (May 4, 2004)

ostbucks, I think you are confusing Criminal Trespassing with Hunting Without Permission. Two different laws. Hunting without permission will stick, signs or not. Criminal Trespassing requires intent.


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## ostbucks98 (Apr 14, 2004)

exactly but I'm not the one getting confused

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## BG Slayer (Feb 17, 2013)

20 yards over the property line? i could drag a doe 20 yards pretty quick and get it on my land


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## Shad Rap (Nov 10, 2010)

ostbucks98 said:


> what does being a moderator have to do with law?
> If we want to talk specifics the land would have to be marked "no tresspassing" to press charges that will hold up in court.
> 
> Sent from my ZTE-Z990G using Ohub Campfire mobile app


If its fenced land as it is in this situation then it doesn't have to be posted with crap...you took that responsibilty once you cross the fence...but I would still do it in this particular situation.


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## Shad Rap (Nov 10, 2010)

Mushijobah said:


> ostbucks, I think you are confusing Criminal Trespassing with Hunting Without Permission. Two different laws. Hunting without permission will stick, signs or not. Criminal Trespassing requires intent.


And I don't believe one bit that 'hunting without permission' would stick without signs being posted...unless it's fenced land...I mean lets use common sense here...I could just say I didn't know I had crossed the property line...assuming you're not caught a mile deep onto someone elses property.


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## Mushijobah (May 4, 2004)

Shad Rap said:


> And I don't believe one bit that 'hunting without permission' would stick without signs being posted...unless it's fenced land...I mean lets use common sense here...I could just say I didn't know I had crossed the property line...assuming you're not caught a mile deep onto someone elses property.


It sticks all the time. No need for signs if the owner wants the charges pressed. By hunting and purchasing a hunting license, you are agreeing to be doing the activity legally. It's not just like walking down the street. When you become a licensed hunter, there are certain rules you must live by. Don't take my word for it, call your local ODNR officer.



1533.17 Hunting without permission.
(A) No person shall hunt or trap upon any lands, pond, lake, or private waters of another, except water claimed by riparian right of ownership in adjacent lands, or shoot, shoot at, catch, kill, injure, or pursue a wild bird, wild waterfowl, or wild animal thereon without obtaining written permission from the owner or the owner's authorized agent.

VS

2911.21 Criminal trespass.
(A) No person, without privilege to do so, shall do any of the following:

(1) *Knowingly* enter or remain on the land or premises of another;

(2) *Knowingly* enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;


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## buckeyebowman (Feb 24, 2012)

Lundy said:


> Sherman,
> 
> Not saying my actions would be the right course or wrong course for anyone else, only telling you what I would do. I'd even leave the owner a business card so they can send the law to find me if I am gone by the time they show up.
> 
> I will NOT kill a deer and just let it lay there within my sight. I respect the deer and their lives that I hunt way too much to let that happen. My fault to even be in that situation, my consequences.


There is an ethical dimension to be considered, but 20 yards over the fence? I wouldn't go to as much trouble as you would. I'd just bip on in there, and skiff the deer to my side of the fence. No harm, no foul. What the landowner doesn't know won't hurt them. 

And remember,according to the OP, the landowner proclaimed their land to be an "animal sanctuary", which suggests to me that they were some sort of "animal rights" nut. The fact that the animal was visibly dead did not matter, only screwing over the hunter. For the most part, these animal rights activists don't really care all that much about the animals, only screwing over hunters and ending hunting as we know it! 



Mason52 said:


> I believe you have the right to pursue your game onto someone else s property if you had the game warden with you and that they cannot stop you. I think that that is the law. I could be wrong, but I believe you have that right under the law... I could be wrong but that's how I remember it.


I'm not so sure about that, but I am pretty sure the game wardens can go pretty much anywhere they damn well please! There was a situation here in NE Ohio a few years back. Seems that a party of deer hunters, *including the landowner*, were taking a break together out in the woods on the first day of gun season. Who shows up but a Game Protector! He proceeds to check everybody for licenses, permission slips, and "writing implements" so that they could fill out their tags! Well, some of the guys didn't have written permission slips, but, the landowner was right there to vouch for them. Seems that wasn't quite good enough for the GP! And they didn't have quite enough writing implements to go around, So, the GP is going to bust them all! Needless to say, it got a little tense! It was almost the gunfight at the OK Corral. 

I've dealt with a few GP's in the past and most of them seem to be alright guys. But, some of them are goose stepping, thin pinching, drunk on power gangsters! I don't think we need those kinds of people administering our game laws!



leupy said:


> My friends and I leased 600 acres in Galia county in an area with a large Amish population. They asked as if they could retrive deer on our lease and we said yes after you notify us and there had better be a blood trail going into the land. In this area they will kill five deer for each family member if they can and the deer population has gone down every year since they started moving in. Most carry crossbows in their buggies everywhere they go.


Oh, don't get me started! My BIL lives among Amish, and they are the trespassingest, poachingest folks going! He is the property manager for a large mental health facility in NE OH. They own over 400 acres. He routinely finds tree stands put up on the property without permission. And, before you say he couldn't possibly know they were put up by the Amish, bear in mind that the Amish constitute easily 80% of the population thereabouts. He also finds illegal treestands on a nearby property he has permission to hunt, since the property he manages is strictly no hunting! Also, one year he had a silted in pond reclaimed. They dredged it out, and had it stocked with small bluegill and bass. An Amish man came to ask if he and his kids could fish the pond. My BIL said it would be OK as long as they practiced "catch and release". The Amish man just did not understand the concept! "You mean if we catch fish we have to put them back? Ohhhhh! We want no part of that!" 



Mushijobah said:


> ostbucks, I think you are confusing Criminal Trespassing with Hunting Without Permission. Two different laws. Hunting without permission will stick, signs or not. Criminal Trespassing requires intent.


Intent to do what? Trespass? Hunt? I've heard of people who were charged with criminal trespass who had simply gotten confused and wandered onto the wrong property. What came of it I don't know. I do know that many rural landowners will have mercy on a lost hunter who is merely looking for the nearest road, but that is certainly not universal.


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## Old Rookie (Jun 21, 2013)

good story A


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## ostbucks98 (Apr 14, 2004)

Mushijobah said:


> It sticks all the time. No need for signs if the owner wants the charges pressed. By hunting and purchasing a hunting license, you are agreeing to be doing the activity legally. It's not just like walking down the street. When you become a licensed hunter, there are certain rules you must live by. Don't take my word for it, call your local ODNR officer.
> 
> 
> 
> ...


thanks for doing some leg work mush. I was on my way home and couldnt get deep into it. Not sure if it was bold or you made it bold but the key word there is "knowingly". If your property is not posted or physical barrier in place its hard to prove they "knowingly" trespassed.

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## T-180 (Oct 18, 2005)

There again, criminal trespass vs. trespass. Knowingly or not you are trespassing, let the law decide if it's criminal. If your BIL won't enforce the law, he needs to quit odtbucks


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## ostbucks98 (Apr 14, 2004)

are we on the same planet? 



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## buckeyebowman (Feb 24, 2012)

ostbucks98 said:


> thanks for doing some leg work mush. I was on my way home and couldnt get deep into it. Not sure if it was bold or you made it bold but the key word there is "knowingly". If your property is not posted or physical barrier in place its hard to prove they "knowingly" trespassed.
> 
> Sent from my ZTE-Z990G using Ohub Campfire mobile app


This is interesting. I belong to a hunting club in western PA. Neither the club, nor many of the property owners adjoining the club, seem very interested in marking their property lines very accurately, if at all! There have been quite a few times at the club, when I had no idea if I was on our property or someone else's!


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## Mushijobah (May 4, 2004)

Hunting Without Permission charge doesn't require signs, it's the hunter's responsibility to know and have permission. That's that. 

Ost,

It does get confusing when dealing with Crim Trespass. To cite someone illegally swimming/fishing/drinking in an unauthorized area, I had to make it known (to a reasonable person) that the area was off limits. It required me to create signage at the entrances and at the off-limits site.

Now that we're completely off topic....


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## buckeye dan (Jan 31, 2012)

I think the proper thing to do is educate. But only after following the full letter of the law.

Appeal to the landowner with some important information. Use words like disease and bio-hazard.

Ask them if they have livestock or pets that might be exposed to the dead animal on their side of the fence.

Apologize for the boundaries/laws and their decision from separating you from the animal you shot and walk away.


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## treytd32 (Jun 12, 2009)

If there was no fence I wouldn't have even thought about not going the extra 60 feet to get it. Wonder if the lady realizes her sanctuary doesn't protect a dead animal.


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## OrangeRay (Jul 16, 2011)

STAY OFF OTHER PEOPLES PROPERTY!
That being said I would have dragged that deer home.


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## carp (Oct 31, 2011)

What about a 200 " buck shot by a law enforcement officer, or all the other landowners on this site that said the wouldnt allow a another person on their property? Buck is 3 ft over fence with in grabbing distance!

Do they grab it, pull it over the fence, or call the landowner?

If they call the landowner, and the landowner says ABSOLUTLEY NOT, do not touch or move it!!!!! Do they let the 200" buck rot in place? I bet some of these hunters that would never allow others on there property might have a change of mind if its there DEER!

I highly doubt anyone would leave a 200" buck laying dead in that spot!!!!!!


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## rustyfish (Apr 27, 2004)

Yes respect other peoples property, but if you kill a deer you have a responsiblilty for it and a right to it. Don't ever let a animal rot because it ran across property lines. I would personally leave my gun or bow behind and just take my knife unless I had permission.

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## Snyd (May 5, 2004)

This takes me a few years back when I was living at home in southern ohio. I was still a teenager and basicly did the same thing except ask for permission. I shot a nice buck that went on a property where two ladies lived and they did not like tresspassers at all even though they knew who I was - I lived basicly next door to them. The deer went about 10 yards accross the fence line and dropped. The area where the deer fell was still in a wooded area about 50 yards from there house. Without thinking I just went over and dragged the deer back accross the fence line. Was it right probably not but I was a teenager and wasn't going to let a deer that I killed go to waste, especially when it was in arms reach from me.


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## Huntinbull (Apr 10, 2004)

Mushijobah said:


> From what I've learned, LE can charge the woman for wanton waste of a resource if she does not utilize the deer. So she's sort of coerced into using the deer or letting your buddy retrieve. Not saying I condone going and getting it without asking in this particular situation, but......................................


Mushi, They can't charge her for not using it, but they can charge her if she goes to move it or retrieve it. The only person allowed to tag a deer is the person who killed it. She has to leave that deer lay there and rot into the ground unless the health department told her she has to move it because it's a health concern. If she moves it or tries to use the meat she is in violation of Ohio's Revised Code.

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## Huntinbull (Apr 10, 2004)

Mason52 said:


> I believe you have the right to pursue your game onto someone else s property if you had the game warden with you and that they cannot stop you. I think that that is the law. I could be wrong, but I believe you have that right under the law... I could be wrong but that's how I remember it.


 Law enforcement officers or game wardens cannot make the landowner allow you access to get your deer even if the law enforcement or game warden accompanies you. They can try to persuade the landowner but they cannot force the landowner to allow you to retrieve it

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## Huntinbull (Apr 10, 2004)

I think the point people are missing here is, there's a difference between getting it done without getting caught, and being legal. Just because you don't get caught doesn't mean what you did was legal. How would you feel if your children saw you breaking the law? What would you explain to them? It even says in the Bible to follow the laws of man unless they go against the laws of God. And the point about the deer "going to waste"? deer die from all kinds of causes all the time and you don't see them stacked up in the woods. That meat will get used just like it would with any other animal that died in the woods, smaller animals, scavengers, and so forth will take care of it. And what is not eaten will rot into the ground to become food for some plant.

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## ODNR3723 (Apr 12, 2007)

Why ask for permission to retrieve the deer if you are going to do it regardless of what the landowner says? 

I would hate to see a law that says I can't restrict you from entering my property to retrieve a deer. Why own the land if i can't restrict who enters.

I have not and never will tell another hunter they can not enter my property to retrieve a deer.


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## fish-on! (Aug 11, 2013)

As a Law Enforcement Officer and an ODNR Hunter and Trapper Instructor, I would never advise on going back and retrieving after being denied permission. We all know man's law has its purpose, and this purpose was for landowner rights. So the fact is, the deer does not become your property until you tag the deer, so you have no right to it until it is tagged legally.....If I can see your ID and hunting license, I'd let you retrieve your deer on my property any day.


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## rustyfish (Apr 27, 2004)

Lies are getting thick around here. I would like to see one of you let a deer rot on the other side of fence/line. Toss in the possibility of it being a 160"+ buck and 100% of this politically correct BS goes right out the window. What a joke.

Don't kill it if you don't plan on doing everything you can to use it.


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## "chillin" (Apr 20, 2012)

Pretty common problem for trespassers. They trespass to shoot a deer then say it ran over the property line. Or they sit right on the property line and shoot em on the other side. I quit hunting one property this year because of it. There is a large open field that bumps up against the woods and the landowner gives every dipshit who asks permission to hunt. So since it is nothing more than open cornfield they park in the middle of the field and then walk to the edge where the woods start. They ALWAYS tresspass to hang there stand or put up there blind because like i said they have permission to hunt a field without a single tree. This kind of crap is why people say no. 

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## bobk (Apr 30, 2004)

rustyfish said:


> Yes respect other peoples property, but if you kill a deer you have a responsiblilty for it and a right to it.
> Sent from my SAMSUNG-SGH-I747 using Ohub Campfire mobile app


That's not true. You have no right to it if it went off the property you are legally allowed to hunt on. Sad the differing opinions on this subject. Seems it's ok to break the law for many here that are not landowners. Once the deer has left the property you were hunting on it's NOT your deer anymore. The joke in all this is how many think they can justify breaking the law.


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## rustyfish (Apr 27, 2004)

A right to it as in- Don't be a jerk let people get their deer.

A responsibility as in- you kill it you use it. 

There are laws that society has created and then there are standards that people hold themselves to. They don't always line up, in that case you have to decide. That is one of those standards I hold myself to that I am willing to pay the consequence for. Its illegal to punch someone in the nose but under the right circumstances its justified and worth the penalty. 

Once again I have never heard of anyone being able to see a deer and letting it rot. Doesn't happen!


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## Ozdog (Jul 30, 2007)

20 yds over dead in sight, I'd just went & got it. Tracking one through I would have had to go & ask.


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## MassillonBuckeye (May 3, 2010)

bobk said:


> That's not true. You have no right to it if it went off the property you are legally allowed to hunt on. Sad the differing opinions on this subject. Seems it's ok to break the law for many here that are not landowners. Once the deer has left the property you were hunting on it's NOT your deer anymore. The joke in all this is how many think they can justify breaking the law.


Yep, buncha renegades around here I agree.


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## sherman51 (Apr 12, 2011)

its not just about the law in its self as much as it is the landowners right to say no.

I don't own enough land to hunt. but it is my land and I don't want just anybody and everybody trespassing on my property. tho I would never say no to anyone wanting to retrieve a deer that came on my property and died.

im far from perfect I do brake the law alittle every now and then. I speed sometimes and I paid 138.00 here a while back. when trolling and someone gets there limit I don't pull 2 rods but leave them out for the guys that doesn't have there limits yet. so I to pick and choose the laws I want to brake. but I still think the landowners rights means more than just the law. and I am surprised at just how many people think landowners shouldn't have the right to say no. I don't think they should say no but I do respect that they should have that right.
sherman


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## Mushijobah (May 4, 2004)

People break laws everyday. The crime is a 3rd degree misdemeanor. Not super serious, but not a good thing to have in your background. Use judgement, discretion and don't complain if you get busted!


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## DancinBear (Apr 21, 2009)

I had this exact situation happen to me. Called the game warden and we went onto the peoples property and drug my deer back to where I had permission. A simple call to the game warden and u get the deer back. 


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## M.Magis (Apr 5, 2004)

DancinBear said:


> I had this exact situation happen to me. Called the game warden and we went onto the peoples property and drug my deer back to where I had permission. A simple call to the game warden and u get the deer back.
> 
> 
> Posted using Outdoor Hub Campfire


You havent read all of the replies, have you? Thats not true, all the warden can do it go and ask the landowner again. They still dont have to say yes.


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## sherman51 (Apr 12, 2011)

DancinBear said:


> I had this exact situation happen to me. Called the game warden and we went onto the peoples property and drug my deer back to where I had permission. A simple call to the game warden and u get the deer back.
> 
> 
> Posted using Outdoor Hub Campfire


maby he was just one of those guys that think its ok to trespass. all leo,s would not do that without permission.
sherman


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