Recovering a deer on private land?

[SurfNHuntSD]

Question.. what's the SOP for recovering a deer if you shoot it on public land but say it takes off and drops on private and you don't have the landowner's number (or permission) to recover it? Could you call a warden to assist? The other day I was checking a creek area and bumped a deer, I couldn't see it but by the way it froze and snorted at me I'm thinking it could be an angry buck. I wanna go after him again but the spot backs up to private land where if I don't drop him on the first shot, he's likely to jump the fence and die on private land. Any thoughts?

 

[ilovesprig]

You must have permission from the landowner or someone of authority of that property (caretaker, etc.)......Calling a game warden unless he knows the owner will be of little help.

 

[Bowman]

You must have permission from the landowner or someone of authority of that property (caretaker, etc.)......Calling a game warden unless he knows the owner will be of little help.

x1
yep that would be bad news. must have permission.

 

[SurfNHuntSD]

Thanks. Yea I figured the warden wouldn't be much help in finding the landowners number or assisting in general. I've never seen anyone come out of there so I've never had a chance to talk the owner. I guess I've gotta put a good shot on him!

 

[D16hunter]

I'd think if you got the wrong game warden out their cough cough fleet you could be accused of poaching I'd say try to find out who the land owner is and get permission to recover an animal on that property.


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[Srfnkill]

We had this happen a few years back. My buddy shot a deer on public land and watched the deer run off and cross the private fence. We were waiting at the truck for the deer to expire and figure out what to do when the GW pulled up. We told him what had happen and that the shot deer crossed the fence. He said we needed permission to cross the fence and he knew the land owner would not give it. Another buddy showed up and told this younger GW that he talked to another older GW a few years back and that older GW said it was legal. Well, that was all the younger GW needed to hear and he led the charge on finding the deer. The deer actually crossed the fence and then crossed back and expired on the legal side. The GW signed off the tag and went on his way.

 

[TaftHunter]

We had this happen a few years back. My buddy shot a deer on public land and watched the deer run off and cross the private fence. We were waiting at the truck for the deer to expire and figure out what to do when the GW pulled up. We told him what had happen and that the shot deer crossed the fence. He said we needed permission to cross the fence and he knew the land owner would not give it. Another buddy showed up and told this younger GW that he talked to another older GW a few years back and that older GW said it was legal. Well, that was all the younger GW needed to hear and he led the charge on finding the deer. The deer actually crossed the fence and then crossed back and expired on the legal side. The GW signed off the tag and went on his way.

That was illegal lol.. The deer could be dead 10 feet from public land on private, and the only way you can legally recover the deer is by getting permission from the land owner, which has the right to turn you down. My cousin shot a buck one time and made a bad shot, the deer crossed into private land and expired. Called the game warden, warden asked the land owner if they could recover, land owner said no, end of story...

 

[Cali Ridge Runner]

Just be stealthy about it LOL I would take a tresspassing ticket to recover and animal if it was shot on public land. The animal deserves the risk IMO

 

[Snake Charmer]

You need trespass permission or you're breaking the law.

 

[Srfnkill]

Trust me, we wouldn't have done it without the warden there.

 

[Lungpopper]

A Game Warden can come onto your property and do a search without a warrant. (If they have probable cause)
If they can search your property without a warrant why couldn't they do a recovery without permission from the land owner.
They would have the probable cause if you called them out.

http://www.hastingsconlawquarterly.org/archives/V13/I1/OConnor.pdf

 

[SurfNHuntSD]

A Game Warden can come onto your property and do a search without a warrant. (If they have probable cause)
If they can search your property without a warrant why couldn't they do a recovery without permission from the land owner.
They would have the probable cause if you called them out.

http://www.hastingsconlawquarterly.org/archives/V13/I1/OConnor.pdf

That's a bit disturbing... but good to know I guess.

 

[Bowman]

A Game Warden can come onto your property and do a search without a warrant. (If they have probable cause)
If they can search your property without a warrant why couldn't they do a recovery without permission from the land owner.
They would have the probable cause if you called them out.

http://www.hastingsconlawquarterly.org/archives/V13/I1/OConnor.pdf

They could do it but not lawfully. it would have to be very good probable cause.
not sure a deer would fall under that category hahahahaha
my two cents.

 

[kingwouldbe]

Just fire up your monster swamp buggy and mow down the fence and through it in the back, hall a$$ out of there before the land owner wakes up......... 8)....lol just kidding

I did have a vary nice buck do the same thing, hunting with my son when he was 9, I did go on the land as it was NOT posted, I was dragging the buck out and the land owner drove up on me, he began to cuss me out in front of my son, I calmly told the gentleman if he cusses again in front of my son, it will be the last time he will be able to speak for quite some time.

He stopped..... I explained what had happed and that we where just retrieving the buck, I gave him my name and showed him my hunting lic & tag on the buck, I told him; I am dragging this buck out and do not try and stop me, call the game warded if you want. He drove alongside of me as I drug this buck off of his land, yapping the whole time about how I was going to jail.
I just kept going as fast as I could to get out of there, this was pre cellphone era....lol

It was a vary bad ordeal, I was going to kick this guys A$$, he was 100% irrational, going crazy like I killed a child or something. I was younger and full of piss & vinegar and would not take any crap from some crazy animal freak.
He is lucky I did not beat his A$$ and lock him in his trunk...... I apologized a 100 times, yet I was taking this buck and do not try and stop me.

The game warded called me that night........ he had spoke with the land owner ( I am assuming the land owner showed how crazy he was, cus the warden was a cool dude ) he told me it was against the law for him to forbid you from recovering the buck as that would be wanton-waste, however he told me I should of called the county sheriff, had the sheriff call the game warden so the warden could tell him it was legal for him to escort me on to the land to retrieve the buck.

He gave me his name & phone number in case it happened again.

It is ALWAYS a bad deal, if your deer go's onto private land........ Me no like.

 

[NBK]

Just fire up your monster swamp buggy and mow down the fence and through it in the back, hall a$$ out of there before the land owner wakes up......... 8)....lol just kidding

I did have a vary nice buck do the same thing, hunting with my son when he was 9, I did go on the land as it was NOT posted, I was dragging the buck out and the land owner drove up on me, he began to cuss me out in front of my son, I calmly told the gentleman if he cusses again in front of my son, it will be the last time he will be able to speak for quite some time.

He stopped..... I explained what had happed and that we where just retrieving the buck, I gave him my name and showed him my hunting lic & tag on the buck, I told him; I am dragging this buck out and do not try and stop me, call the game warded if you want. He drove alongside of me as I drug this buck off of his land, yapping the whole time about how I was going to jail.
I just kept going as fast as I could to get out of there, this was pre cellphone era....lol

It was a vary bad ordeal, I was going to kick this guys A$$, he was 100% irrational, going crazy like I killed a child or something. I was younger and full of piss & vinegar and would not take any crap from some crazy animal freak.
He is lucky I did not beat his A$$ and lock him in his trunk...... I apologized a 100 times, yet I was taking this buck and do not try and stop me.

The game warded called me that night........ he had spoke with the land owner ( I am assuming the land owner showed how crazy he was, cus the warden was a cool dude ) he told me it was against the law for him to forbid you from recovering the buck as that would be wanton-waste, however he told me I should of called the county sheriff, had the sheriff call the game warden so the warden could tell him it was legal for him to escort me on to the land to retrieve the buck.

He gave me his name & phone number in case it happened again.

It is ALWAYS a bad deal, if your deer go's onto private land........ Me no like.

Great story David. And glad you didn't kick his but while your kid watched (me know like). Sounds like you were very rational and tried to be a nice guy. Some folks just can't get themselves grounded once they get mad.

Oh and good to hear the warden did the right thing.

 

[Cali Ridge Runner]

Just fire up your monster swamp buggy and mow down the fence and through it in the back, hall a$$ out of there before the land owner wakes up......... 8)....lol just kidding

I did have a vary nice buck do the same thing, hunting with my son when he was 9, I did go on the land as it was NOT posted, I was dragging the buck out and the land owner drove up on me, he began to cuss me out in front of my son, I calmly told the gentleman if he cusses again in front of my son, it will be the last time he will be able to speak for quite some time.

He stopped..... I explained what had happed and that we where just retrieving the buck, I gave him my name and showed him my hunting lic & tag on the buck, I told him; I am dragging this buck out and do not try and stop me, call the game warded if you want. He drove alongside of me as I drug this buck off of his land, yapping the whole time about how I was going to jail.
I just kept going as fast as I could to get out of there, this was pre cellphone era....lol

It was a vary bad ordeal, I was going to kick this guys A$$, he was 100% irrational, going crazy like I killed a child or something. I was younger and full of piss & vinegar and would not take any crap from some crazy animal freak.
He is lucky I did not beat his A$$ and lock him in his trunk...... I apologized a 100 times, yet I was taking this buck and do not try and stop me.

The game warded called me that night........ he had spoke with the land owner ( I am assuming the land owner showed how crazy he was, cus the warden was a cool dude ) he told me it was against the law for him to forbid you from recovering the buck as that would be wanton-waste, however he told me I should of called the county sheriff, had the sheriff call the game warden so the warden could tell him it was legal for him to escort me on to the land to retrieve the buck.

He gave me his name & phone number in case it happened again.

It is ALWAYS a bad deal, if your deer go's onto private land........ Me no like.

Spoken like a true gentlemen lol exactly what I would of did. Show your son it is not right to waste an animal. If you would of spooked and just left it... The dude prolly would of just left it to rot IMO

 

[kingwouldbe]

Thank God that is my one and only experience like that, I knew it was bad when we blood trailed him onto this guys property, however I also knew the buck could not go far as he was hit good.

I understand the guy getting mad if I was hunting on his property, but I was just retrieving it, and he was way to worked up to hear anything I had to say.

When he drove up on us, I knew I had some splannning to do.......lol. but I did not think this guy would start with 10, 000 cus words, I knew right away this is bad and could only get worse, so I took the be cool but take now chit.

What I didn't tell you was I first tryed to drag it to the bottom of his property and over the fence, but he had a 6' tall fence on that end........ I had to drag it back up hill to the top of his property...... bad deal all the way around.
What would I do today..........probably drive my truck though his gate & loaded it up.....ha ha ha ha

 

[Cali Ridge Runner]

Lol