# Michigan Law trespassing & deer violation



## johnssha (Nov 17, 2008)

A few questions:

1) Is a trespassing charge considered a hunting violation?

2) Does two hunting violations; automatic revocation of hunting privileges for three years

3) Tagging deer that was taken on the wrong side of the county line. Doe was taken in County "A" and tagged with a County "B" tag. Counties "A" and "B" are two hundred yards apart. According to the Michigan DNR website two penalties could apply:

A)[SIZE=-1]Violation of permits, season, bag limits, shooting hours and methods of taking game.

B)[/SIZE][SIZE=-1] Illegal taking/possession of deer, bear, or wild turkey


Which one would most likely apply. If anyone has any case law on this scenario please share.

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## wecker20 (Mar 10, 2004)

I think you should get a lawyer.


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## Ken Martin (Sep 30, 2003)

When I found someone on my lease property I called a friend to see if he knew the truck. When he said no, I called DNR Law Enforcement. My freind called me back to say that he called the sherriff. When the DNR called I said a friend had called the sherriff and the CO told me don't let the deputy write the ticket. When the CO got there he told me that state, counties and municipalities don't track tresspassing and that as long as they pay the ticket they could trespass as much as they like without increasing penalty. The DNR evidently does and the penalties increase with ease offense.

Just thought you might want that info.

Ken


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## Wendy (Oct 6, 2008)

you could make them pay for a towing fee


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## boehr (Jan 31, 2000)

1) Is a trespassing charge considered a hunting violation?

*NO*

2) Does two hunting violations; automatic revocation of hunting privileges for three years

*NO*

3) Tagging deer that was taken on the wrong side of the county line. Doe was taken in County "A" and tagged with a County "B" tag. Counties "A" and "B" are two hundred yards apart. According to the Michigan DNR website two penalties could apply:

A)[SIZE=-1]Violation of permits, season, bag limits, shooting hours and methods of taking game.

B)[/SIZE][SIZE=-1] Illegal taking/possession of deer, bear, or wild turkey


Which one would most likely apply. If anyone has any case law on this scenario please share.

*They are worded different but the same in this instances under what you posted. Both mean illegal deer as both would come under the same penalty section.*

[/SIZE]


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## wadevb1 (Mar 25, 2008)

I was under the impression that taking a deer while trespassing was "illegally taking whitetail." This came directly from our local CO and the game violation applied.


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## boehr (Jan 31, 2000)

wadevb1 said:


> I was under the impression that taking a deer while trespassing was "illegally taking whitetail." This came directly from our local CO and the game violation applied.


It could be but I didn't see where it said taking a deer while trespassing. Also if a person took a deer while trespassing they wouldn't be charged with just trespassing but also an illegal deer.


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## TrekJeff (Sep 7, 2007)

Boehr, good to see ypu're still on the site while basking in the FL sun...lol

Just for a point of clarification...if one is in violation of an MCL or a Ban and takes game while doing the violation, is the game taken considered poached?

Example..deer taken over bait?


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## boehr (Jan 31, 2000)

TrekJeff said:


> Example..deer taken over bait?


In my opinion if the only violation was bait I believe it would be a real stretch to make the case on illegal deer. Bait violation only in my opinion. There would have to be a prosecutor and judge that were really for no baiting for that to fly.


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