Colorado Fishing Forum - View Single Post - Tresspassing on private property to fish

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Old 09-21-2006, 01:44 PM   #10 (permalink)
Mr. Ed
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Default Re: Tresspassing on private property to fish

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Originally Posted by rstrouts
Since it's a Federal offense on federal property, what authority would need to physically come out and cite? Or is there no necessity to physically come out? Would just a phone call report suffice?
The local Sherriff. Then, the railroad police would also get involved (they have their own branch). Possibly, the DOW will get involved as well.

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And doesn't the landowner need to show up in court? Or, at least, the landowner's agent, maybe a lawyer?
This is a legal matter not a civil matter. The landowner does not need to show up.

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And, if that's the case, doesn't it cost at least a few (most likely more than a few) bucks, not counting lost work, for the landowner/agent to follow through with the trial?
Landowner doesn't need to be there - the arresting officer does.

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Plus, what happens and who pays when the authorities are called, come out and noone's there to cite?
Taxpayers like you and me. No different than if someone tries to break into your house, and runs off while you're on the phone with 911.

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And is it just the word of the landowner or is evidence of criminal trespass necessary to prove trespass, e.g., video or photos, etc.?
If you are caught, you're caught.

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It all seems like more of a deterrence situation than an actual court situation, doesn't it?
Not really, think of it as for your safety...if you show up to hunt waterfowl, and you have a shotgun in hand, there is a "Make my Day" law that allows the landowner to shoot you if you are percieved to be a threat. You could argue you weren't, but that would be tough to do when you're 6 feet under.

What's wrong with respecting private property?
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