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| New requirement to convict for baiting!! http://www.mudmotortalk.com/mmt_v2/viewtopic.php?f=7&t=61168 |
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| Author: | dguidry [ Wed Apr 08, 2015 9:56 am ] |
| Post subject: | New requirement to convict for baiting!! |
Listen up everyone. Previously to this recent new appellate case, all that was required to convict one of hunting over a baiting field or duck blind was the existence of bait in the area and no criminal intent on the part of the hunter was required. In other words, it did not matter whether one knew or not that the blind was baited in order to be convicted. There will now be more emphasis placed on the accused's specific criminal intent in order to meet the appropriate threshold to convict someone of hunting over a baited field. So any of you currently charged with this or any other crime for that matter, should be able to take advantage of the court's re-emphasis of this essential prerequisite element of a crime, at least in Louisiana. State v Prince 14-0740 (La. App 3 Cir 12/10/2014) |
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| Author: | JD145 [ Wed Apr 08, 2015 10:26 am ] |
| Post subject: | Re: New requirement to convict for baiting!! |
It sounds good. But wouldnt it still just basically be your word against theirs? How could you win? |
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| Author: | dguidry [ Wed Apr 08, 2015 10:39 am ] |
| Post subject: | Re: New requirement to convict for baiting!! |
| Author: | netman [ Wed Apr 08, 2015 10:59 am ] |
| Post subject: | Re: New requirement to convict for baiting!! |
Now if you have a receipt in your pocket from the Tractor supply for thirty bags of corn when arrested for hunting over bait you might have some problems. Or if you have loose kernels of corn in the floor of your boat you might be in trouble. |
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| Author: | dguidry [ Wed Apr 08, 2015 11:03 am ] |
| Post subject: | Re: New requirement to convict for baiting!! |
| Author: | prodrivinggatortail [ Wed Apr 08, 2015 11:24 am ] |
| Post subject: | Re: New requirement to convict for baiting!! |
Now you have to realize that what Guidry is talking about is not hunting at all. He probably got one of his sponsored politicial buddies to help get that passed. What he is really doing is helping out his practice by getting help to represent his Black clients. He will later use this, when one of his Black clients gets caught stealing. He will try to prove that the victim left the stuff that was taken as bait and his client was set up. 
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| Author: | mmayes [ Wed Apr 08, 2015 12:50 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
Curious it is noted in your post "at Least Here In LA" if you are going to federal Court wouldn't this emphasis apply to all 50 states or is it a district by district thing? Mayes |
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| Author: | dguidry [ Wed Apr 08, 2015 1:02 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
| Author: | Terraboat [ Wed Apr 08, 2015 1:12 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
Migratory game bird. Feds don't give a shit about state rules which may conflict with federal rules . Trust me. Been there, done that, paid that fine. 
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| Author: | JD145 [ Wed Apr 08, 2015 2:22 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
Exactly, you're gonna come out the loser no matter what when you are talking about the DNR. I don't live in LA but, I damn sure wouldn't want to be the guinea pig on that one 
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| Author: | Russ [ Wed Apr 08, 2015 3:12 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
This only applies when the STATE of LOUISIANA has charged you of baiting and is posecuting you. How many times is it the state game warden that shows up when you're duck hunting? 90% of the wardens I get checked by or even just get visited by are federal. |
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| Author: | Trousertrout [ Wed Apr 08, 2015 6:37 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
Up by me they go by a percentage of, waste in the field. My buddy has been ticketed for it. All because the farmer used an old combine |
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| Author: | Terraboat [ Wed Apr 08, 2015 8:58 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
| Author: | Russ [ Thu Apr 09, 2015 8:14 am ] |
| Post subject: | Re: New requirement to convict for baiting!! |
Can't say I have. Terrible with names though. Couple years ago it was dry at our blind but foggy as hell. Water was a good 150 yards away. My dad and uncles would fire one shot, because they could only see the ducks long enough to shoot once. Then they'd watch for it to fall or not. Game warden was sitting 20 yards from my dad the whole time, finally walked out in his ghille suit and went through the whole check with them. Thought he had them because of all the one shot volleys (" you shoot only once, you must have hit what you shot at" principle). He was surprised to find they weren't over limit. Lol |
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| Author: | Walkers Bay Synd [ Thu Apr 09, 2015 9:24 am ] |
| Post subject: | Re: New requirement to convict for baiting!! |
I really can't see why you all make a big deal if baiting. I've fed ponds for years on and off and I wonder if it makes any difference at times. From gain to a ton of potatoes, all you do is get birds used to landing and keep condition on the animals going into breeding. However shooting over a fresh cut grain crop is about as much fun as you can have with pants on, but the limit is the same if you pull it up in 10 mins or 4 hours |
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| Author: | dguidry [ Thu Apr 09, 2015 9:54 am ] |
| Post subject: | Re: New requirement to convict for baiting!! |
| Author: | tchauvin [ Thu Apr 09, 2015 10:21 am ] |
| Post subject: | Re: New requirement to convict for baiting!! |
| Author: | tchauvin [ Thu Apr 09, 2015 10:30 am ] |
| Post subject: | Re: New requirement to convict for baiting!! |
On another note,,,,,i think most agents write everything up and its up to you to go to court and defend it. Other option is to pay it.....They very well know this, and know 90% of the time people will just pay the fine. Sadly,,,the court system doesnt seem to allow you to simply plead your case. First you have to go to court to plead guilty or not guilty. If you plead guilty you can pay your fine and move on. If you plead not guilty a court date is set. From my experience in court, they will cancell/delay your case about 2-3 times before you actually get your time in front of the judge. This is a huge inconvience to most that have jobs.... So its a huge headache to deal with as opposed to paying the fine. How simple would it be if you notifiy them online and/or by phone to let them know you plead not guilty and they set a court date.....You show up, plead you case and get your results....Simple.... They also leave the little fact out that if you plead not guilty, the shit never comes off your record.....I think more people would fight it if they knew this. |
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| Author: | Walkers Bay Synd [ Thu Apr 09, 2015 12:47 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
| Author: | Walkers Bay Synd [ Thu Apr 09, 2015 12:56 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
http://fishandgame.org.nz/ Have a bit of a read on this page Dean, the hunting regulations pdf is has the limits and areas. |
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| Author: | dguidry [ Thu Apr 09, 2015 1:14 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
| Author: | sanganois [ Fri Apr 10, 2015 9:57 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
Prior to this decision Louisiana law must have been more restrictive than Federal regulations. The Feds have have not had absolute liability for baiting since the 1990's. They changed their standards in 50 CFR when it hit the fan after some poor enforcement decisions in Florida, Illinois and Louisiana. The old standard of absolute liability meant they did not have to prove knowledge or intent. In other words, they did not have to do any police work, just find bait and write a ticket. |
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| Author: | cheniermudder [ Mon Apr 13, 2015 3:32 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
I have a question....if you plant something, say wild rice, which is native to Louisiana, on your duck pond and just let it grow and do its thing, is that concidered "baiting"? |
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| Author: | Paulox86 [ Mon Apr 13, 2015 3:46 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
No. But find one ungerminated seed and you are busted. |
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| Author: | Terraboat [ Mon Apr 13, 2015 4:02 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
| Author: | cheniermudder [ Mon Apr 13, 2015 4:30 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
So whats the difference between having wild rice or widgeon grass or milfoil. All grow naturally in south louisiana. |
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| Author: | cheniermudder [ Mon Apr 13, 2015 4:30 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
So whats the difference between having wild rice or widgeon grass or milfoil. All grow naturally in south louisiana. |
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| Author: | cheniermudder [ Mon Apr 13, 2015 4:37 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
Dont know why that posted twice. |
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| Author: | netman [ Mon Apr 13, 2015 4:43 pm ] |
| Post subject: | Re: New requirement to convict for baiting!! |
So my friend from La. tells me that one cold wet windy morning he yells out the back door of his hunting camp "hey Warden Olivarius, come on in and have some hot coffee and some breakfast". "It's cold out there come on in and warm up". A few minutes later Warden Olivarius came up and opened the door to my buddy's camp. The warden asked " how you know I was out there"? My buddy said I didn't. I yell out the back door every morning. |
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