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Re: Proof requirements for hunting over bait
[Re: Powpow65]
#2740499
02/17/19 04:45 PM
02/17/19 04:45 PM
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Joined: Sep 2001
Posts: 1,006 AL
jhardy
6 point
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6 point
Joined: Sep 2001
Posts: 1,006
AL
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I guess if the deer was gutted it would also be more believable. If i have to drag i always gut first. I know a bunch of people that have never gutted one before dragging. Not saying I agree or disagree with the OP, but that particular statement just doesn't have any bearing on it.
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Re: Proof requirements for hunting over bait
[Re: jallencrockett]
#2740505
02/17/19 04:47 PM
02/17/19 04:47 PM
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Joined: Jan 2011
Posts: 190 south bama
southbamaone
3 point
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3 point
Joined: Jan 2011
Posts: 190
south bama
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So they use the gps locator on GAME CHECK and compare to the gps meta data of corn pic with deer to prove you hunted within 100 yards.. Hmmmm its a theory.. lol THIS! This is why they are pressing we get it on our phone... Got checked by a warden at barbour this year and i was ask by him did i have the app and i said no, he responded by saying i needed to get it, that they were trying to get everyone to go to it... ya i bet they are so they can walk up on you in the woods at any givin time they want..
Heavenly father, to you I pray, A majestic deer may come my way. Let my aim be straight and true, this my Lord, I pray to you.
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Re: Proof requirements for hunting over bait
[Re: doekiller]
#2740506
02/17/19 04:49 PM
02/17/19 04:49 PM
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Joined: Sep 2012
Posts: 19,983 North AL
AU338MAG
Old Mossy Horns
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Old Mossy Horns
Joined: Sep 2012
Posts: 19,983
North AL
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disagree. i'd argue photos on a social media platform are hearsay as they have not been authenticated (all depending what he admitted to the warden during interrogation and is he in the photos) or proper foundation established for their admissibility.... the prosecutor could send a subpoena to Facebook as i recently read somewhere that social media records are now admissible as “self-authenticating” business records under Federal Rules of Evidence? prosecutor at least will have to jump thru some foundation hoops or have strong circumstantial evidence that this account is actually his.. (unless he hung himself during interrogation) See what I mean about the experts. ![lol lol](/forum/images/graemlins/default/lol.gif)
Dying ain't much of a living boy...Josey Wales
Molon Labe
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Re: Proof requirements for hunting over bait
[Re: doekiller]
#2740507
02/17/19 04:50 PM
02/17/19 04:50 PM
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outdoorobsession
Unregistered
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outdoorobsession
Unregistered
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disagree. i'd argue photos on a social media platform are hearsay as they have not been authenticated (all depending what he admitted to the warden during interrogation and is he in the photos) or proper foundation established for their admissibility.... the prosecutor could send a subpoena to Facebook as i recently read somewhere that social media records are now admissible as “self-authenticating” business records under Federal Rules of Evidence? prosecutor at least will have to jump thru some foundation hoops or have strong circumstantial evidence that this account is actually his.. (unless he hung himself during interrogation) See what I mean about the experts. I know..I saw that and thought the same thing immediately. I guess he was never taught the difference between PHOTOGRAPHIC evidence, a photograph taken of the subject and or event at the time ( BTW ,..this one if from a cell phone containing metadata including the gps location and exact time/date taken by the defendent and posted on a public social media platform) and Hearsay evidence,The evidence of those who relate, not what they know themselves, but what they have heard from others. And since the photo was posted by the defendant in this case, and the shooter, it can hardly be called hearsay as he was the one who shot the deer, took the photo and posted it, as well as related the circumstances to the warden. Im pretty sure the OP KNEW himself and didnt hear from others about the event. ![slap slap](/forum/images/graemlins/default/foreheadslap.gif) At his law school the definitions must have differed Scott. No offense Ragin Cajun..but Im kind of going with the REAL LAWYER on this, sorry. That would be Scott, or as he is known here ; doekiller.
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Re: Proof requirements for hunting over bait
[Re: Hogwild]
#2740510
02/17/19 04:53 PM
02/17/19 04:53 PM
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Joined: Apr 2018
Posts: 850 Northern NY
Damyankee
Ground Bee Enthusiast
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Ground Bee Enthusiast
Joined: Apr 2018
Posts: 850
Northern NY
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There is actually a good deal of science behind it.....not all opinion. Deer have pigmented sclera, a defense mechanism that prevents predators from being able to tell exactly where they are looking. And, hence the ‘whites’ of their eyes is only visible when stressed. When relaxed, such as when they are dead, the whites do not show. But, heck, maybe the GW and Judge don’t know that!! ![smile smile](/forum/images/graemlins/default/smile.gif) Ruh Ro... ![grin grin](/forum/images/graemlins/default/grin.gif) The AlDetectives strike again. The knowledge base on here is pretty damn strong. You'd think people would learn...
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Re: Proof requirements for hunting over bait
[Re: War87Eagle]
#2740515
02/17/19 04:58 PM
02/17/19 04:58 PM
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outdoorobsession
Unregistered
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outdoorobsession
Unregistered
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disagree. i'd argue photos on a social media platform are hearsay as they have not been authenticated (all depending what he admitted to the warden during interrogation and is he in the photos) or proper foundation established for their admissibility.... the prosecutor could send a subpoena to Facebook as i recently read somewhere that social media records are now admissible as “self-authenticating” business records under Federal Rules of Evidence? prosecutor at least will have to jump thru some foundation hoops or have strong circumstantial evidence that this account is actually his.. (unless he hung himself during interrogation)
[/quote]
Umm..his photo is right there on the account as well as other pictures of him and video of HIM shooting deer.
Im pretty sure the prosecutor will not have any problems in proving the account is his, Im sure he admitted it during the interview with the warden and when asked he will have to admit it or plead the fifth to avoid perjuring himself.
Also he posted here on another social media platform that the facebook page IS his and that the deer is his. I dont think any hoop jumping will be necessary.
By the way, other individuals HAVE been found guilty from photos they posted right here on aldeer in the past...no problem.
Last edited by outdoorobsession; 02/17/19 05:00 PM.
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Re: Proof requirements for hunting over bait
[Re: War87Eagle]
#2740589
02/17/19 06:41 PM
02/17/19 06:41 PM
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Joined: Sep 2006
Posts: 3,953 West Alabama
Ant67
10 point
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10 point
Joined: Sep 2006
Posts: 3,953
West Alabama
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Hearsay and lack of authentication or lack of proper foundation are completely separate objections fellas
Last edited by Ant67; 02/17/19 06:42 PM.
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Re: Proof requirements for hunting over bait
[Re: Powpow65]
#2740614
02/17/19 07:19 PM
02/17/19 07:19 PM
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Joined: Sep 2004
Posts: 36,988 alabama
BhamFred
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 36,988
alabama
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I guess if the deer was gutted it would also be more believable. If i have to drag i always gut first. I never gut a deer ever never. Take em home whole and gutless quarter em.
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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Re: Proof requirements for hunting over bait
[Re: BhamFred]
#2740617
02/17/19 07:21 PM
02/17/19 07:21 PM
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Joined: Mar 2018
Posts: 16,939 Banana Republic
jb20
Old Mossy Horns
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Old Mossy Horns
Joined: Mar 2018
Posts: 16,939
Banana Republic
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I guess if the deer was gutted it would also be more believable. If i have to drag i always gut first. I never gut a deer ever never. Take em home whole and gutless quarter em. I've never gut one in woods I thought that was for gurls... ![smile smile](/forum/images/graemlins/default/smile.gif)
They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. Ben Franklin
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Re: Proof requirements for hunting over bait
[Re: War87Eagle]
#2740631
02/17/19 07:40 PM
02/17/19 07:40 PM
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Joined: Dec 2004
Posts: 19,259 .
ford150man
Old Mossy Horns
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Old Mossy Horns
Joined: Dec 2004
Posts: 19,259
.
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I’ve only ever gutted two in the woods. The first was because I had to pack it out and the second was because the doe I shot ran down into a big hollow so I gutted her to lighten her up a bit.
If voting made any difference, they wouldn’t let us do it.-Mark Twain
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Re: Proof requirements for hunting over bait
[Re: War87Eagle]
#2740636
02/17/19 07:43 PM
02/17/19 07:43 PM
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Joined: Oct 2018
Posts: 40 hamilton al marion
hvfs1118
spike
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spike
Joined: Oct 2018
Posts: 40
hamilton al marion
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I received a hunting over bait ticket today 2-16-19 (6 days after deer season). They have a FB post of mine printed off. In the post are 2 pictures of my 8point dead. One from my phone, one from my ATN digital scope. In the photos there is corn on the ground under his dead body. I killed him 120-140 yards away on a heavy trail where he was working a fake scrape I made that day. I cant drive to that location so I drug him to the closest place I can drive to (My feeding area) at this time I change the batteries in my scope and take a picture of him. Then I go get my truck and once back take a picture with my phone, load him up and head home. I dont see how I can get a ticket for hunting over bait when they have not physically caught me doing it.
What are your thoughts on this?
The gamewarden cant write a ticket for something he didnt see you do Fight it
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Re: Proof requirements for hunting over bait
[Re: jb20]
#2740640
02/17/19 07:45 PM
02/17/19 07:45 PM
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Joined: Jan 2017
Posts: 3,182 Chilton
Powpow65
10 point
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10 point
Joined: Jan 2017
Posts: 3,182
Chilton
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I guess if the deer was gutted it would also be more believable. If i have to drag i always gut first. I never gut a deer ever never. Take em home whole and gutless quarter em. I've never gut one in woods I thought that was for gurls... ![smile smile](/forum/images/graemlins/default/smile.gif) How far do y'all drag them before loading them up?
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Re: Proof requirements for hunting over bait
[Re: Powpow65]
#2740641
02/17/19 07:48 PM
02/17/19 07:48 PM
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Joined: Mar 2018
Posts: 16,939 Banana Republic
jb20
Old Mossy Horns
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Old Mossy Horns
Joined: Mar 2018
Posts: 16,939
Banana Republic
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I guess if the deer was gutted it would also be more believable. If i have to drag i always gut first. I never gut a deer ever never. Take em home whole and gutless quarter em. I've never gut one in woods I thought that was for gurls... ![smile smile](/forum/images/graemlins/default/smile.gif) How far do y'all drag them before loading them up? I drug 2 last year over 500 yards this year longest was 250..200 was down hill thank God
They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. Ben Franklin
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Re: Proof requirements for hunting over bait
[Re: Powpow65]
#2740655
02/17/19 08:08 PM
02/17/19 08:08 PM
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Joined: Sep 2004
Posts: 36,988 alabama
BhamFred
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 36,988
alabama
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I guess if the deer was gutted it would also be more believable. If i have to drag i always gut first. I never gut a deer ever never. Take em home whole and gutless quarter em. I've never gut one in woods I thought that was for gurls... ![smile smile](/forum/images/graemlins/default/smile.gif) How far do y'all drag them before loading them up? I try to shoot em in the road.... ![grin grin](/forum/images/graemlins/default/grin.gif) wife shot a big buck several years ago way out in a very wet muddy greenfield, gonna be an uphill drag too. She shot him with my 264WM and he ran 200 yards to the chert road and fell five feet off the road on a elevated shoulder. Dropped the tailgate and slid him in the bed. Nice.
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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Re: Proof requirements for hunting over bait
[Re: hvfs1118]
#2740662
02/17/19 08:14 PM
02/17/19 08:14 PM
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Joined: Jan 2015
Posts: 2,577 Dale County, AL
Groundhawg
10 point
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10 point
Joined: Jan 2015
Posts: 2,577
Dale County, AL
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I received a hunting over bait ticket today 2-16-19 (6 days after deer season). They have a FB post of mine printed off. In the post are 2 pictures of my 8point dead. One from my phone, one from my ATN digital scope. In the photos there is corn on the ground under his dead body. I killed him 120-140 yards away on a heavy trail where he was working a fake scrape I made that day. I cant drive to that location so I drug him to the closest place I can drive to (My feeding area) at this time I change the batteries in my scope and take a picture of him. Then I go get my truck and once back take a picture with my phone, load him up and head home. I dont see how I can get a ticket for hunting over bait when they have not physically caught me doing it.
What are your thoughts on this?
The gamewarden cant write a ticket for something he didnt see you do Fight it Yes they can.
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Re: Proof requirements for hunting over bait
[Re: War87Eagle]
#2740668
02/17/19 08:16 PM
02/17/19 08:16 PM
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Joined: Jan 2003
Posts: 15,407 Chilton County
Morris
Poppa Jon
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Poppa Jon
Joined: Jan 2003
Posts: 15,407
Chilton County
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I shot a doe with my bow years ago that expired about 40yds from my truck.
Last edited by Morris; 02/17/19 08:17 PM.
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