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Go Back   Bayou Bucks Hunting Community > Louisiana Hunting > General Outdoor Discussion

General Outdoor Discussion Archery, Shooting, Game Management, Gear, Camping, etc.

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  #21  
Old February 27th, 2019
Waxia.Stalker's Avatar
Waxia.Stalker Waxia.Stalker is offline
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Quote:
Originally Posted by Keith Crow View Post
Well. My sheriff is Bobby Guidroz. I had all the proof. I helped him pull his truck out fixed his radiator hose for him and have plenty pictures. That's what my SO told me and the landowner.
He is my Sheriff as well. Did you speak to Bobby or someone else? I would highly doubt that the Sheriff would misrepresent anything legal.

Basically it works like this. Criminal Trespass RS 14:63 is committing a crime, and it is criminal law not civil law. The proper law enforcement for that jurisdiction is bound by oath to respond to the reported crime being committed i.e.: "trespassing." Once the officer has proof, the person is either arrested or issued a summons, "which by the way is left to the discretion of the officer responding." Then they become the District Attorney's problem. Since itís a criminal offense it doesn't matter at this point if the landowner/lessee does or does not want to press charges legally speaking. The DA will then determine whether or not he or she wants to or has enough evidence to proceed with a charge.

As far as who can report trespassing to law enforcement: Owner or lessee are the only two that have possessory rights. Possession is 9/10ths of the law. The owner owns the land and does not lease it, so he has possession of the land and all the associated rights that go with it. If the land is rented the owner has now transferred or contractually given up the possession of the land to the lessee under the terms of the contract or lack thereof. The lessee now has possessory rights, which is what counts in court. Actually the most powerful lease is one that is not defined. A written contract is only limiting the lessee's rights line by line. The only reason any of this matters is the LEO responding has to trust your word that the person is in fact breaking the law on the land you possess.

Basically any LEO wants to know beyond a doubt that they are on the right side of things. They are libel for false arrest, so they will make sure to conduct a proper investigation. In the matter of the person trespassing, the owner or lessee does not charge someone with trespassing. They simply report it. The LEO arrests them or gives them a summons, and the District Attorney decides whether or not to charge them. The burden of proof is solely on the trespasser at this point. The prosecution and defense may subpoena whoever they think they may need to prove their respective cases, if it were to go to trial.
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  #22  
Old March 28th, 2019
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Gator 45/70 Gator 45/70 is offline
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A bit of an update,My neighbor next door with 45 acres came out Saturday
Walked his land and located a feeder + stand on his place.
Boy was he mad,Called the deputy in on Monday!
So the deputy and I walk in and sure enough feeder and stand on the neighbors property!!!

Deputy drives around and talks to 2 boys at the ''suspected'' trespasser's house.

Naturally they play dumb!

Deputy is supposed to return today and question the alleged owner.

Deputy indicated to me he will hauling someone to jail IF they admit to owning the stand and feeder.

Waiting to see how this plays out.

Neighbor sent a signed letter to me indicating I have permission to go unto his land in the event I feel a need on his behalf and to call in the law at my desecration.
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  #23  
Old 1 Week Ago
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How did this turn out?
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  #24  
Old 23 Hours Ago
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Gator 45/70 Gator 45/70 is offline
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Originally Posted by EMTSparky View Post
How did this turn out?
Ran em' off is the short answer...
Doctor next door had his property surveyed,It was determined that these Bozo's were at least 300 yards inside his property line.

He sent the deputy with orders to remove all his hunting equipment ooorrr
else,Meaning the Deputy and I were going back in and seize said feeder and stand.
They removed it with-in days....Darn it! lol

I'm still getting pictures of his dogs on my camera....The Deputy went back and informed them I would be trapping coyotes...If his dogs got hung up in a leg trap then its,Oh well Too Bad Brah !!!
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  #25  
Old 22 Hours Ago
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yup....to bad!
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