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Post by bschwein on Dec 12, 2006 16:29:22 GMT -5
What do you need to arrest/write a ticket for Hunter harassment? Do you(Conservation Officer) need to see it, or video footage of it, or can I call my local officer and say someone is causing problems. Just need to find out so I can start the process the next time it happens.
Thanks,
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Post by icowinchell on Dec 14, 2006 7:02:16 GMT -5
Bshwein,
The elements needed to prove hunter harassment are the same as any other misdemeanor crime. There is a rule called the "misdemeanor witness rule". Which means as an officer I have to actually witness a misdemeanor to make a custodial arrest or in other words to take someone to jail on the spot. I do not have to witness the crime to prove it. I just need enough evidence to prove the facts then serve them a summonds.
Now to prove the crime you need evidence, witness statements, interview with the suspect, photographs, phyical evidence, video evidence, ect. The elements of Hunter Harrassment are that 1) the complainant was engaged in hunting, 2) that the suspect was attempting to scare away game animals from the area to prevent the hunter from taking them, ie. making loud noises, yelling, banging pots and pans together. or preventing the hunter from physically hunting. The suspect will sometimes follow the hunter through the woods or walk through the area to scare animals from the area.
Yes, video would be outstanding evidence to prove the case. Make sure you get things on the video by saying the date, time and location of the incident. The more information you could record on video the better. Take video of everything you think may be relevant to the case including yourself wearing hunting clothes and carrying a firearm or bow. Also if the suspect sees you video taping maybe you won't have any more problems. I would also contact the officer in your area and let him or her know about this situation before you return to the area and they may have further advice.
I also do not recomend getting into a confrontation with them. Document the incident contact our region headquarters at 1-800-TIP-IDNR and hopefully have them arrested.
ICO Winchell
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