Big Thank You to GA DNR LE for Trespassers

basshappy

BANNED
If the land is not properly posted, they have to be warned once, same with a business, they have to be officially warned not to step foot on the property again, then it will be criminal trespass.

Our land is posted. Heavily (sadly). Posted signs are an eye sore but they have been up for years (and wiped clean, new ones replacing old ones, etc). Trespassers went past 6 signs when they went down our road. Worst of all is one trespasser lives on the county road that leads to the access road, and he has lived there for at least 15 years. I don't believe for a moment he was unaware he was on our land.
 

redneck_billcollector

Purveyor Of Fine Spirits
Our land is posted. Heavily (sadly). Posted signs are an eye sore but they have been up for years (and wiped clean, new ones replacing old ones, etc). Trespassers went past 6 signs when they went down our road. Worst of all is one trespasser lives on the county road that leads to the access road, and he has lived there for at least 15 years. I don't believe for a moment he was unaware he was on our land.
If it is properly posted, he could have arrested them without a warning if he caught them on the property. On an aside note, I am, and have been a criminal defense attorney for 33 years, this year.
 

basshappy

BANNED
If it is properly posted, he could have arrested them without a warning if he caught them on the property. On an aside note, I am, and have been a criminal defense attorney for 33 years, this year.

Are you a good one?

Ha ha. J/K.

So he told me he would have to give them a written warning first, since there was no affidavit on record for who can be there doing what. If they return then SO or DNR would take them to jail.

Now that I think about it, they cut through our land, we had the video and photo records on cell trail camera, BUT they were just over our land and standing on county land when DNR approached them. So when he spoke with then they had driven through our land but were on county land. Which for them maybe worse because they received the hunting without permission and baiting on public land citations.
 

Throwback

Chief Big Taw
I learned a long time ago criminals, thugs, Bullies and thieves understand one thing and one thing alone—locking them up and not dropping the charges will get their attention.
Not doing it or being scared/coerced into dropping the charges means they’ll REALLY run over you from them on.

Good for you.

Now fence it in.
 
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Throwback

Chief Big Taw
If it is properly posted, he could have arrested them without a warning if he caught them on the property. On an aside note, I am, and have been a criminal defense attorney for 33 years, this year.
Case cite ?
 

redneck_billcollector

Purveyor Of Fine Spirits
Are you a good one?

Ha ha. J/K.

So he told me he would have to give them a written warning first, since there was no affidavit on record for who can be there doing what. If they return then SO or DNR would take them to jail.

Now that I think about it, they cut through our land, we had the video and photo records on cell trail camera, BUT they were just over our land and standing on county land when DNR approached them. So when he spoke with then they had driven through our land but were on county land. Which for them maybe worse because they received the hunting without permission and baiting on public land citations.
That is a grey area, if they entered without permission of an illegal purpose, then there needs be no warning. If they damaged anything, no notice required either. But now that they have been put on official notice, (b)(3) of 16-7-21 kicks in. There are arguments that you had already notified them, but since the officer did not witness that, he would probably only arrest after you swore out a warrant for his protection. Arresting for misdemeanors can be tricky at times and can lead to civil liability if done wrong.
 

tr21

Senior Member
I learned a long time ago criminals, thugs, Bullies and thieves understand one thing and one thing alone—locking them up and not dropping the charges will get their attention.
Not doing it or being scared/coerced into dropping the charges means they’ll REALLY run over you from them on.

Good for you.

Now fence it in.
YEP, that was a long time ago, because now days they just laugh at going to jail and think it's cool ! only thing they understand is a rope !
 

Throwback

Chief Big Taw

It is statutory, O.C.G.A. § 16-7-21 (b). Probably hundreds of cases that tweek the statute.​

I’m aware. Was always told a sign doesn’t constitute legal notice of criminal trespass in and of itself
 

Toliver

Senior Member
I’m aware. Was always told a sign doesn’t constitute legal notice of criminal trespass in and of itself
Depends on the judge.
 

Tight Lines

Senior Member
Just about every piece of property I have hunted in Kansas and Georgia, one of the first things I do is introduce myself to the local warden and the local sheriff. In Wilkes I even gave the sheriff a key to the property so he could check it out if and when he wanted. I'd call him once the cell cams went off with a trespasser and tell him someone was on the property and the next thing I'd see was him on camera. Caught several. The worst was a hog hunter with a pack of dogs running the property...4 people, family...didn't have any idea they were no longer on their property...except for the yellow locked gates, posted signs, and the creek which was the boundary between the two properties...kind of hard to say you didn't know when you had to go back out to the road, cross the bridge, and climb a yellow gate to say you still thought it was your property...since the creek was not wadable...
 

sghoghunter

Senior Member
And who got caught on who’s property


The who knows who happens everywhere. Back last year there was a couple kids got caught with some out of season illegal gators and pretty much got a slap on the wrist. In the mean time a few weeks ago two of the same boys got caught shooting a deer off the road by a sheriff deputy. There happened to be two opened cold beers in the console and the owner and driver was underage. At the end of the night no one went to jail, both was released along with truck and an AR topped with a thermal scope all because of who they were
 

bfriendly

Bigfoot friendly
Bass after reading about the Shenanigans you have dealt with make me mad and it's not even my land. You are a better man than me,
This^^^^ bartow county is close to home too! I hunt it and there is plenty of it available.
 

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