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Originally posted by thirdbite:
From WDKN AM Radio -
A federal judge is deciding whether Dickson resident William “Spook” Spann should go to jail for violating his probation after pleading guilty to illegal hunting charges in Kansas. Following two days of testimony last week in Kansas City, U.S. Magistrate James P. O’Hara took under advisement the U.S. Attorney’s Office request to find the 50-year-old Spann in violation of his federal probation. Thursday and Friday Assistant U.S. Attorney Chris Oakley showed hours of videotape from hidden cameras allegedly showing Spann taking part in turkey hunts with NFL players and members of a country music band. Tennessee Wildlife Resource Agency agents set up hidden cameras on property owned by Spann after getting a tip from his former cameraman that Spann was conducting hunting activities. After pleading guilty to illegally taking a record whitetail deer on property he didn’t own in violation of his non-resident permit, Spann was assessed a total of $20,000 in fines and restitution and placed on probation for three years. As part of the plea bargain entered in February, Spann was banned from hunting anywhere in the US for six months. The video played in a Kansas federal court shows Spann dressed in camouflage using a turkey call and leading hunting groups that include Tennessee Titans quarterbacks Jake Locker and Rusty Smith, free agent Jerious Norwood, formerly of the Atlanta Falcons and St. Louis Rams, and members of country group Bush Hawg. Spann’s attorney argued that Spann did not carry a gun or weapon and therefore was not technically hunting. Tennessee officials said state law defines hunting as including aiding others who are hunting. TWRA and federal wildlife officials also testified Spann illegally spread “scratch grain” on his property to attract turkeys.

quote:

Originally posted by larrys:
There are more than a couple things going on here, I suspect. A lot depends on state law. I know in Kansas if you want to guide, you need a license for that. If you want to "go with" someone, you are still considered hunting and need a license appropriate to the game you are hunting to do that as well. For example, if I want to go deer hunting with my daughter, even if she is the only one with the gun, I still need a deer permit since I am also "pursuing" the game. I do not know about Tennessee law. In Kansas he is quilty of hunting without a license (that he is prohibited from having anyway) and baiting turkeys (you can bait deer but not turkeys).

The bottom line is that he knew what his probation was and he blatantly disregarded it, thumbing his nose at the law. While on probation, you lose your rights of illegal search (cameras) as well. At least in every state I know of. You can be searched without cause at any time since you are still in the criminal system as convicted. You are just not in the jail when they do it.

He knew the issues and ignored them. Now he needs to pay the price just like every other criminal that ignores the rules of their probation.

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Originally posted by larrys:
For big game hunting in Kansas there are two licenses required. One is the hunting license. It is required for all people 16 and older for residents and ALL non-residents. Secondly there is a permit for the big game species being hunted. If the child, of any age, is doing the hunting, the adult needs a license and permit as well. If the child is under 16 then the child does not need a license, only the permit, but the adult needs both in any case. If the child is 16 or older, they need a license and permit.

If YOU are the hunter, then when the child gets to the age where a license is needed for them, then yes, they need one too. Not before. In other words, I can take a 12 year old with me hunting, no problem. If the 12 year old is hunting, licenses are required for both.

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Originally posted by larrys:
I agree it is stupid, but I can not tell you the number of times I took the girls deer hunting, where they were the hunter, and the warden asked me for my permit, too. Basically, if you are on the hunt, you are considered hunting, since you are also "pursuing" the game.

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Originally posted by larrys:
I agree it is stupid, but I can not tell you the number of times I took the girls deer hunting, where they were the hunter, and the warden asked me for my permit, too. Basically, if you are on the hunt, you are considered hunting, since you are also "pursuing" the game.

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Originally posted by Norton:

quote:

Originally posted by larrys:
I agree it is stupid, but I can not tell you the number of times I took the girls deer hunting, where they were the hunter, and the warden asked me for my permit, too. Basically, if you are on the hunt, you are considered hunting, since you are also "pursuing" the game.

So does every member of the production crew for the myriad TV shows need a big game tag while filming the hunter? They are "on the hunt" as you say.

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F the Feds and F those wardens. This country is going to hell in a hand basket. Land of the free my ass

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Originally posted by Fury01:
Now that the subject of Freedom has been breached: A comment ONLY aimed at the topic of Law and it's effect on Freedom here; very few other bodies of law has been used to take away more of our basic Rights than Fish and Game Regulations that carry the weight of Law. Nobody cares about them it seems except the regulating agency and the gamesman and only the regulating agency has any power of lobby in place. Thus the laws continually restrict and forbid based on some view of "logic" and we edge closer and closer to truly King George's Forest once again. Having grown up in the vast west with all it's Federal Lands, you cannot recognize it now as the America we perceived it to be and there has been no true benefit to either Fish or Game. There however has been great loss of Freedom to the people who supposedly own the land, us.
Best Regards,