Originally Posted By: fairwater
49er so if you don't have a light you can not be charged with night hunting? I guess just hunting after legal shooting hours right?


Having all the elements (or even most of them) of the prima facie case in place literally puts you in a position of having to prove you were not hunting is how I understand it. Like troy said, they have to have a reasonable suspicion that a crime is in progress to even stop you to begin with.

Lawyer up and help cut this kind of crap out. The case I cited had a kid for a defendant.

Quote:
Section 15-5-30
Authority of peace officer to stop and question.

A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions.

(Acts 1966, Ex. Sess., No. 157, p. 183, �1.)


Quote:
Section 6-5-170
Definition.

False imprisonment consists in the unlawful detention of the person of another for any length of time whereby he is deprived of his personal liberty.

(Code 1907, �4238; Code 1923, �7967; Code 1940, T. 7, �962.)