Iowa hunter in trouble over trophy buck

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JakeJD
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Re: Iowa hunter in trouble over trophy buck

Unread postby JakeJD » Thu Oct 29, 2015 9:53 am

Dewey wrote:If he is indeed innocent they should automatically slap the person giving false information with a huge fine. That will make others think twice about doing it in the future. Pretty sad if it's jealousy. :roll:


In the world of killing big deer, it seems that one is guilty at the moment of the accusation (similar to a sexual assault accusation against a male). Guilty until proven otherwise. And there is very little chance of winning a law suit against the accuser. It is pretty tough to prove malicious intent with baseless accusations in order win a judgement against the accuser.

In Nebraska, game wardens have the right to trespass without warrant. Not sure about confiscating property without warrant. Right or wrong, they have more flexibility in the law than the police.


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JakeJD
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Re: Iowa hunter in trouble over trophy buck

Unread postby JakeJD » Thu Oct 29, 2015 9:53 am

Dewey wrote:If he is indeed innocent they should automatically slap the person giving false information with a huge fine. That will make others think twice about doing it in the future. Pretty sad if it's jealousy. :roll:


In the world of killing big deer, it seems that one is guilty at the moment of the accusation (similar to a sexual assault accusation against a male). Guilty until proven otherwise. And there is very little chance of winning a law suit against the accuser. It is pretty tough to prove malicious intent with baseless accusations in order win a judgement against the accuser.

In Nebraska, game wardens have the right to trespass without warrant. Not sure about confiscating property without warrant. Right or wrong, they have more flexibility in the law than the police.
"In the deed, the glory"
wiscbowhntr
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Re: Iowa hunter in trouble over trophy buck

Unread postby wiscbowhntr » Thu Oct 29, 2015 10:02 am

I agree w/ bucky. This deer was shot in a food plot. He should be able to keep the head until proven guilty, which in my opinion he is not guilty.

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jmaas07
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Re: Iowa hunter in trouble over trophy buck

Unread postby jmaas07 » Thu Oct 29, 2015 10:03 am

Feel terrible for this guy, I highly doubt a guy would put film out there for the public to view if it was an illegal kill. I hope he's proven innocent and it's a shame if he is and has to spend mega dollars to prove it. Sounds like jealousy to me. If he is proven innocent the accuser should absorb all the costs.

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kurt
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Re: Iowa hunter in trouble over trophy buck

Unread postby kurt » Thu Oct 29, 2015 11:14 am

How attractive is mineral during hunting season? Isnt it more of spring through summer thing? I've never used it.

I agree shot in a food plot. Jealousy at its finest. I hope he gets his buck back and sues them for defamation.

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mauser06
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Re: Iowa hunter in trouble over trophy buck

Unread postby mauser06 » Thu Oct 29, 2015 12:19 pm

Not taking sides...I have NO idea about anything related to it...


But it sounds like the law is similar to PA...

Here there is not hard and fast rule of how far you have to be from bait/minerals...if they deem that deer were coming/going to/from a bait/mineral site it is an illegal kill...


AND...in PA...all trace of it must be removed within 30 days of hunting the area..ever try to remove minerals??? Ya...you need a excavator lol...it leeches into the soil..stumps..logs..whatever..I've seen sites dug several feet deep/in diameter..

They go active all year...


So....without knowing details..it is very possible that there was bait/minerals off screen...off the food plot..or was a mineral site that was still being worked by deer...


You can often see mineral sites pretty easily if they have been worked a while/worked hard due to the digging etc...

Therefore if a tip was called in...and such a site was identified probable cause WOULD exsist to do a soil sample...

Hate to say it but if its going to trial there IS something there.....why else would the stage bring a case with no evidence??? Doesn't happen.

Judge may rule in the hunters favor due to distance or who knows what...anyone that's been around the legal system knows anything can happen...


Like I said...I have no idea on anything....



It'd be like police charging you with DUI with no evidence but because someone said they seen you at the bar last month...

The charges don't goto trial without favorable blood results proving DUI...shooty police work, violation of rights etc etc might happen..judge may rule in defendants favor...


Who knows what really happened....


That's a heck of a buck.....how is a 260" deer not any kind of record?!?! Lol.

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mheichelbech
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Re: Iowa hunter in trouble over trophy buck

Unread postby mheichelbech » Thu Oct 29, 2015 12:55 pm

Dnr is as bad or worse than the IRS. One thing I find interesting is his notion of buying/selling land for a trophy buck...been easier to use a high fence operation and not that much difference it sounds like.

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Stanley
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Re: Iowa hunter in trouble over trophy buck

Unread postby Stanley » Thu Oct 29, 2015 5:35 pm

Time will tell. :think:
You can fool some of the bucks, all of the time, and fool all of the bucks, some of the time, however you certainly can't fool all of the bucks, all of the time.
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Re: Iowa hunter in trouble over trophy buck

Unread postby JoeRE » Fri Oct 30, 2015 3:53 am

mheichelbech wrote:Dnr is as bad or worse than the IRS. One thing I find interesting is his notion of buying/selling land for a trophy buck...been easier to use a high fence operation and not that much difference it sounds like.

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Doing it this way he is celebrated in our modern hunting culture...and if he had put up a fence around the exact same deer he would be shamed. Its a free country and I support everyone's right to Life Liberty and the Pursuit of Happiness but chalk it up to a flaw in my character, the idea of using a big checkbook to obtain big antlers is just a big burr in my shorts. There, I feel better now! :lol:

I will leave the matter up to the courts. I suspect it will boil down to the Spirit or the Letter of the law. Did the buck get shot because of bait/mineral? Nope...bucks have very little interest in mineral/salt after they shed velvet, you couldn't make that a high odds setup on a mineral lick if you wanted to. However, the legal system typically goes by the Letter of the Law, and if he was anywhere near an old mineral site that is a guilty verdict. Not saying I agree with that, it just is how things work.
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headgear
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Re: Iowa hunter in trouble over trophy buck

Unread postby headgear » Fri Oct 30, 2015 4:22 am

The bigger problem I see are overlay vague laws that tend to be open to interpretation, I don't know the laws in Iowa and don't know if that is the case for sure here but it seems they are at least related. I have seen several instances of guys asking different CO's the same question and getting different answers, how the heck are we suppose to follow these regs if the guys enforcing them don't have some kind of consensus. I do my best to follow the law but sometimes you just have to shake your head at this stuff. The IRS could be a fairly close comparison, there is no doubt they write rules to confuse and intimidate you.
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E72
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Re: Iowa hunter in trouble over trophy buck

Unread postby E72 » Fri Oct 30, 2015 5:00 am

Maybe he forgot to pimp the Iowa DNR and their great job with the HUSH program like all the TV guys do for their tag hand out? :doh:
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Re: Iowa hunter in trouble over trophy buck

Unread postby Findian » Fri Oct 30, 2015 6:21 am

We'll if he shoot it over a food plot and used lime and fertilizer. Then I guess you could say he shoot it over minerals.

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Re: Iowa hunter in trouble over trophy buck

Unread postby Rubline » Fri Oct 30, 2015 6:25 am

That is just Sad.
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Hodag Hunter
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Re: Iowa hunter in trouble over trophy buck

Unread postby Hodag Hunter » Fri Oct 30, 2015 6:51 am

Findian wrote:We'll if he shoot it over a food plot and used lime and fertilizer. Then I guess you could say he shoot it over minerals.

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Technically you're right. That's why this Country is filled with lawyers.

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feutza
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Re: Iowa hunter in trouble over trophy buck

Unread postby feutza » Fri Oct 30, 2015 8:49 am

DaveT1963 wrote:I just wonder how the Fish and Game have the authority to confiscate anything with nothing more then an accusation with no proof?

X2

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