Game law violation question/problem

**iamhistory** · December 31st, 2009, 07:04 PM

Back in the beginning of November, my cousin was on our family property to walk the property, check posters and such. He was NOT hunting but it was fall turkey season. Our neighbor is a game officer. My cousin parked his truck at the top of a hill on our private back road, got out of his truck and walked down a trail a ways, crossed over through a patch of woods and came to another trail to come back towards his truck. At that time, the game officer neighbor came up through the woods from his house, boots untied because when he heard the truck park he rushed out of his house. (this is a recurring theme with this guy when he hears/sees us around the property)

He approached my cousin and asked him what he was doing up there. Cousin replied that he was walking the property. Officer said "it's turkey season, where's your orange?" Cousin said he was not hunting, just checking posters and walking the property. He had no orange on and was not hunting. He did have a coat on with his hunting license on the back and he was wearing a handgun open carry.

Officer then required my cousin to walk the few yards back to his truck and then continued questioning. Officer required cousin take his hunting license out and then recorded the info. off the license. He also documented cousin's truck license plate. Asked cousin again why he wasn't wearing orange. Cousin replied that he was not hunting. Officer looked in truck and saw an unloaded shotgun in the extended cab area of the truck and asked if my cousin wasn't hunting why was there a shotgun in truck. Cousin replied he wasn't using the shotgun and officer obviously saw that when he approached through the woods. Officer never checked the shotgun and didn't seem concerned with it except for his initial comment.

After taking cousin's info., officer said "well it is hunting season and it would be a good idea if you wore orange even if you aren't hunting. not wearing orange is how people get shot accidentally." Cousin said he would consider it in the future. Officer asked him about how he got along with one of the other neighbors, cousin said he got along fine with the man. Officer made additional conversation about a previous situation when the officer was on my property, told cousin to have a nice day and walked back to his house.

That was the beginning of November. Today my cousin received a citation in the mail for $152.00 that wasn't filed until last week and he was cited for not wearing proper amount of orange while turkey hunting.

We think this is a b.s. citation, the legality of it questionable at best and the officer's conduct totally out of line. What are some of your comments and observations regarding the LEGALITY of the citation? This is one of many situations where this officer hears us in the woods, sees us hunting, working on tractors, etc. and comes over on the property to question us. It's been going on for several years and we have never broken the law. Last year he was walking around my garage and house while I was at work and this same cousin saw him and called me about it. I called the office and asked why an officer were walking around my house. The office said they knew nothing about it but would contact the officer in that area. This officer called me back at home and said my cousin didn't know what he was talking about and it wasn't him. During the situation I've detailed above, the officer admitted to my cousin that it was him walking behind my garage and told my cousin he knew that my cousin was the one who told me about it.

About a week ago the same officer was in his vehicle at the stop sign, my cousin pulled up to stop sign as well. Officer congratulated my cousin on harvesting a nice buck this year and told him to make sure he completed a harvest report card.

Am I missing something here or is this guy a bit out of line? He has come on our property and checked at least 5 of our family members multiple times, at least once per season and sometimes more than once per season........NEVER finding any infractions and this is the first citation (which does not sound like it holds water to me).

Can a guy walk his property while open carrying a handgun in hunting season and be cited for game law infractions when he is not hunting? Input on this situation and this officers unprofessional behavior would be appreciated. We want to hear opinions before we make an official complaint to be sure we aren't the ones out of line here. Any questions that need to be clarified, please say so.

**Nic** · December 31st, 2009, 07:13 PM

It's your property, have the SOB hit with tresspassing charges.

**huntr70** · December 31st, 2009, 07:15 PM

If I was your cousin, I would fight the violation in court, and then tell that WCO (or deputy) that he is going to have him arrested for hunter harrassment.

It can be filed through the State Police (I think) or the Game Commission. I would make sure that every party involved in the altercations be present at the court hearing.

Most of the back assward Deputys don't show up for court when they know they are wrong.....