WDFW LE Great Resource for HuntWA - Please Be Respectful

[Knocker of rocks]

This guy was a total *censored* and was going to write me a ticket. I told him he had better get the highway patrol or take me to jail because I was not signing his ticket. He did not know a thing about hunting or he would have understood that is how it is sometimes. I don't care if you are hunting with a rifle or bow hunters sometimes come out with a flash light. The warden finally gave me a warning and said he was going to be watching me.  If you are going to have wardens, they should know the laws. Theirs no law saying I can't use a flash light to come out of the woods.

And why did you ask for "highway patrol"? You do realize that another agency can't overrule another agency correct? If WSP did show up he would have been on WDFW's side, not yours.. This isn't the 1800s where you can call in the sheriff for everything. WDFW Officers actually have more jurisdiction then any officer in WA and have federal authority as well.

And if you read the law for spotlighting RCW 77.15.450:  A person is guilty of spotlighting big game in the second degree if the person hunts big game with the aid of a spotlight, other artificial light or night vision equipment while in possession or control of a firearm, bow and arrow, or cross bow.

You were hunting big game and you were using an artificial light. If the officer really wanted to he could've easily written you a ticket. However, this is where officer discretion and common sense comes in 

All I can say is WOW. 

[pd]

This guy was a total *censored* and was going to write me a ticket. I told him he had better get the highway patrol or take me to jail because I was not signing his ticket. He did not know a thing about hunting or he would have understood that is how it is sometimes. I don't care if you are hunting with a rifle or bow hunters sometimes come out with a flash light. The warden finally gave me a warning and said he was going to be watching me.  If you are going to have wardens, they should know the laws. Theirs no law saying I can't use a flash light to come out of the woods.

And why did you ask for "highway patrol"? You do realize that another agency can't overrule another agency correct? If WSP did show up he would have been on WDFW's side, not yours.. This isn't the 1800s where you can call in the sheriff for everything. WDFW Officers actually have more jurisdiction then any officer in WA and have federal authority as well.

And if you read the law for spotlighting RCW 77.15.450:  A person is guilty of spotlighting big game in the second degree if the person hunts big game with the aid of a spotlight, other artificial light or night vision equipment while in possession or control of a firearm, bow and arrow, or cross bow.

You were hunting big game and you were using an artificial light. If the officer really wanted to he could've easily written you a ticket. However, this is where officer discretion and common sense comes in 

BigTex, I have to take exception to your comments.  (In the spirit of PianoMan's thread, I will be respectful, of course.)

Let's leave aside the statement about "calling in the WSP."  Also, let's mutually agree that the hunter in question only used the flashlight to aid his way out of the dark forest, as he claims.

If these assumptions hold true, then your comment "You were hunting big game and you were using an artificial light. If the officer really wanted to he could've easily written you a ticket. However, this is where officer discretion and common sense comes in..." is ridiculous on its face. 

As you well know, most (should be all?) responsible hunters carry a wide range of safety equipment in their packs, headlamps/flashlights amongst them--I certainly do so as well.  And, successful hunters know to hunt the 'golden hour' (the last few moments before dark), up until the close of legal shooting hours.  Therefore, to use a flashlight to find your way out of the dark is the normal way of things.

For you, an experienced hunter and a seasoned veteran of law enforcement to state that the hunter "could easily have received a ticket" because he was both hunting big game (prior to darkness) and using an artificial light source is laughable.  That he did not receive a ticket is NOT an example of officer's discretion--this was not an infraction to begin with.

PianoMan is correct in the spirit of this thread: The law enforcement officers (themselves hunters) who frequent this site are truly a benefit to us all, and you, BigTex, are the most visible and valuable officer that I know.  I very much appreciate your diligence and information.  However, I believe you are very much mistaken on this point.

Respectfully, PD

[bigtex]

I'm with Curly on this one...

We wasn't hunting big game anymore.  He was headed to his truck.

I for one don't think the individual was hunting, at least from the evidence he provided. However I have known officers that have cited for similar incidents and the case has stood up in court.

How is this different then someone running around with a rifle in the front seat and using a spotlight? Couldn't he simply say he wasn't hunting? There is no provision in WA law saying you must be driving in order to spotlight, or that the light must have hit an animal.

WA's spotlighting law is a very open-ended law and simply how an officer can justify making the case can depends on it's success.

I personally would not have cited this individual. And I agree with others that most people have lights with them to start/end the day.

[Gringo31]

Bigtex is only reading the law.  I see it as he is saying "someone" could read it and easily write a ticket.  He does a good job of staying pretty neutral.  I agree that someone could easily write a ticket.  I happen to feel pretty strongly that a guy who writes that ticket is not helping anything only causing tension between "us" and "them".   

Driving with a rifle and USING a spotlight is a simple no brainer.  Not allowed during modern big game seasons.  Rifle better be unloaded regardless.  Seems simple to me 

[Knocker of rocks]

, and you, BigTex, are the most visible and valuable officer that I know

Bigtex has on numerous occasions declined to confirm that they are in fact a LEO.  I would suggest that a person not assume anything.

[bigtex]

The spotlighting law is probably one of the ultimate color of the law vs the intent of the law when it comes to wildlife.

Color of the law is black and white, "hunts big game with the aid of a spotlight, other artificial light or night vision equipment while in possession or control of a firearm, bow and arrow, or cross bow."

However as we all know, the intent of the law is for the "spotlighter" that we all know and hate

[bigtex]

, and you, BigTex, are the most visible and valuable officer that I know

Bigtex has on numerous occasions declined to confirm that they are in fact a LEO.  I would suggest that a person not assume anything.

I am an LEO living in WA, but will not say which agency I work for.

[Knocker of rocks]

, and you, BigTex, are the most visible and valuable officer that I know

Bigtex has on numerous occasions declined to confirm that they are in fact a LEO.  I would suggest that a person not assume anything.

I am an LEO living in WA, but will not say which agency I work for.

I think that is the first time you have confirmed that.

[bigtex]

, and you, BigTex, are the most visible and valuable officer that I know

Bigtex has on numerous occasions declined to confirm that they are in fact a LEO.  I would suggest that a person not assume anything.

I am an LEO living in WA, but will not say which agency I work for.

I think that is the first time you have confirmed that.

In that manner yes. However several of the moderators know I am an LEO and which agency I work for via PM. And I have frequently said "fellow officers" etc.

[Knocker of rocks]

As well as:

I have never said what my agency, position, or location is, heck I may be retired. And no I am not violating any agency policy that I am/was governed by.

[bigtex]

As well as:

I have never said what my agency, position, or location is, heck I may be retired. And no I am not violating any agency policy that I am/was governed by.

Yup. And I am still not violating any policy

Now lets end the discussing on me, unless you want to PM me.

[Curly]

I'm with Curly on this one...

We wasn't hunting big game anymore.  He was headed to his truck.

I for one don't think the individual was hunting, at least from the evidence he provided. However I have known officers that have cited for similar incidents and the case has stood up in court.

You were hunting big game and you were using an artificial light.

Which is it?  You said he was hunting big game and then you say you don't think he was. 

It is issues like this where innocent people get written up and called liars by the LEO that really irritates people. 

[bigtex]

I'm with Curly on this one...

We wasn't hunting big game anymore.  He was headed to his truck.

I for one don't think the individual was hunting, at least from the evidence he provided. However I have known officers that have cited for similar incidents and the case has stood up in court.

You were hunting big game and you were using an artificial light.

Which is it?  You said he was hunting big game and then you say you don't think he was.

My first statement was going by what the officer must've been going by. The officer must've believed he was hunting

If that was my situation I don't think he would've been hunting by what we know here.

[Curly]

Thanks for clarifying.  I see what you mean now.  I took what you wrote a little different than what you were trying to say.

He had been big game hunting and had a light, therefore the officer had reason to suspect spotlighting.

[Elkaholic daWg]

This guy was a total *censored* and was going to write me a ticket. I told him he had better get the highway patrol or take me to jail because I was not signing his ticket. He did not know a thing about hunting or he would have understood that is how it is sometimes. I don't care if you are hunting with a rifle or bow hunters sometimes come out with a flash light. The warden finally gave me a warning and said he was going to be watching me.  If you are going to have wardens, they should know the laws. Theirs no law saying I can't use a flash light to come out of the woods.

And why did you ask for "highway patrol"? You do realize that another agency can't overrule another agency correct? If WSP did show up he would have been on WDFW's side, not yours.. This isn't the 1800s where you can call in the sheriff for everything. WDFW Officers actually have more jurisdiction then any officer in WA and have federal authority as well.

And if you read the law for spotlighting RCW 77.15.450:  A person is guilty of spotlighting big game in the second degree if the person hunts big game with the aid of a spotlight, other artificial light or night vision equipment while in possession or control of a firearm, bow and arrow, or cross bow.

You were hunting big game and you were using an artificial light. If the officer really wanted to he could've easily written you a ticket. However, this is where officer discretion and common sense comes in 

I'm with Curly on this one...

We wasn't hunting big game anymore.  He was headed to his truck.

I for one don't think the individual was hunting, at least from the evidence he provided. However I have known officers that have cited for similar incidents and the case has stood up in court.

How is this different then someone running around with a rifle in the front seat and using a spotlight? Couldn't he simply say he wasn't hunting? There is no provision in WA law saying you must be driving in order to spotlight, or that the light must have hit an animal.

WA's spotlighting law is a very open-ended law and simply how an officer can justify making the case can depends on it's success.

I personally would not have cited this individual. And I agree with others that most people have lights with them to start/end the day.

 As I have said before a time or two. Some LEO should not be, most are fine, and some just need to step around to the other side of that badge they are wearing !