Spotlighting Private Fields

[hunTer06]

I know it is legal to spotlight if you do not possess a weapon and are not operating a motor vehicle. Is it legal to pull over at a field (and get out of the car) that is privately owned and shine it? You arent technically tresspassing. Just wondering

[Buckmaster]

You probably need written landowner permission. .....And what if someone (neighbors) saw your ray of light?

Here's a scenerio......

How would you feel if I drove past your house, got out of my car, and shined a spotlight across your front yard into your backyard in the middle of the night? It probably would make you a little nervous, wouldn't it?

[hunTer06]

yeah, your right. But what if there are no houses around? I wouldnt shine a field where there is a house.

[hunTer06]

I'll just tell ya the story

There is an abandoned house with a large field across the road from it. The woman who used to live in the house died, and the house has sat empty for 4 years. It is in a secluded area, there isnt another house within a few miles. There is large bucks in the area, and I'd like to at least get a look at a few and see if any still have their antlers. It is on a township road (they own so many feet off of the road dont they?) I just wanna make sure its legal before I go and do it.

[Buckmaster]

When in doubt call, 1-800-WILDLIFE

They will have your answer.

Let us know the outcome.

[M.Magis]

Like Buckmaster mentioned, I would HIGHLY recommend contacting the proper people to find your answer. The internet is an extremely poor place to look for legal advice. Ask your county game warden, he's the one who will likely be writing the ticket.

[hunTer06]

Well I just called 1-800-WILDLIFE

I talked to a woman who was no help at all, she didnt know what she was talking about. First she said "Spotlighting all together is illegal"

I said "Well in the law book it states that it is illegal from a vehical or possesing a weapon, so wouldnt it be legal when not in a vehicle and not posessing a weapon?"

She said, "Well Im not sure..."

She looked through her law book and said she couldnt give me a definate answer. So I didnt even get to the private land part of it. I'll try again sometime when I am talkin to someoen else.

[countyroad]

hunter,
Try contacting your countie's game warden.

[CritterGitter]

I have heard that spotlighting altogether is illegal. Unless using it for navigation at night on a waterway then it is illegal. That is what I heard, but I dont' know the regulations for sure.

The best advice is to talk to the game warden about it.

Kyle

[Freedomrules3]

this is what the regs book says :

"Spotlighting of wild animals from vehicles, including illuminating with headlights, is prohibited. Spotlighting is illegal whether hunting implements are carried in the vehicle or not."


it doesnt address when you are on foot. looks like they discourage it.
http://www.dnr.state.oh.us/wildlife/regs/default.htm

[hunTer06]

I have always been told that it is OK as longs as you are not in a car. I heard that even if you are leaning on the car they can get you.

I still havent got an answer but ill get to the bottom of it.

[hunTer06]

called 1-800-WILDLIFE again


I talked to another woman and she said it is OK to spotlight when not in a car.

Jezz ya can, ya cant, ya can, ya cant:dizzy: :dizzy: :coco:

[OHBOW76]

I have always thought spotlighting was illegal in Ohio period unless hunting varmints at night. I know in PA its legal, including from a vehicle, and many people consider it a hobby. I personally do not care for it. I know many landowners who get sick of it as well. If I was a property owner I would get sick of people shining my fields. Besides do the deer really need the added stress of being harassed by spotlighters while feeding at night. If you want some pics of the deer go buy a trail camera.I know many states do not permit spotlighting.

[trail blogna]

I thought it was always illegal no matter what It has something to do with messing up the rods and cones of there eyes and it screws up there vision or nite vision thats just what I heard from somebody somewhere sometime or something like that:dizzy: :dizzy: :dizzy:

[hunTer06]

it cant always be illegal

that would make it illegal to shine a light in your yard, or use a flashlight while walkin to the stand

[Thunderflight]

It's legal in NC.

[BradU20]

it cant always be illegal

that would make it illegal to shine a light in your yard, or use a flashlight while walkin to the stand

I think its illegal when your target is wildlife, not when you are attempting not to trip and fall on your face. There is difference between spotlighting and using a flashlight.

Brad

[hunTer06]

There is difference between spotlighting and using a flashlight.

Brad

True, but you cant control when a deer jumps out in front of you, what are ya gonna do, turn the light off?

[hunTer06]

There is difference between spotlighting and using a flashlight.

Brad

True, but you cant control when a deer jumps out in front of you, what are ya gonna do, turn the light off?

The last few times ive called they said it is OK as long as you are not in a car or have a weapon

[OHBOW76]

I would highly recommend you dont go wandering around at night by foot spotlighting fields on private property, some old farmer jsut might put a bullet in your a@#.

[hunTer06]

I would highly recommend you dont go wandering around at night by foot spotlighting fields on private property, some old farmer jsut might put a bullet in your a@#.

thats not what I mean...:nono: :coco:

[OHBOW76]

If you have to ask, and cant get a straight answer from the folks enforcing the laws I wouldn't recommend it.

[lacure]

My personal opinion is that it is never legal to spotlight fields in Ohio. When I lived in Pittsburgh, we did it every now and then, but it is legal there. In my opinion, the people who say it is ok as long as you are not in a car are trying to manipulate the letter of the law. It is the same problem we have with our legal system in general...we forget to take a step back and look at the intent of the law. In my opinion, the law, as quoted in this thread, says spotlighting is illegal in ohio. That seems like the intent. I also believe it was written b/c most people associate spotlighting with being in/around a vehicle, so they included "vehicle" in the letter of the law. I believe if this issue was raised with the ODNR to the extent that it caused alot of public debate, they would simply re-write the law to say what it is intended to do...keep people from spotlighting deer in Ohio...in a car, by a car, or standing 100 miles from a vehicle.
Just my 2 cents....

[Hot Dog]

if i saw some yaho spotliten my corn field i would call the law

[coonskinner]

NO...:mischeif:

[hunTer06]

well, sorry to say that i do it. I shine lights out of my bedroom window all the time to see whats there. arrest me.

[sportsman34]

Spotlighting is illegal a deer no matter what anyone says. It screws up deers' eyes and can make them blind, thats why u can't shine them with your headlights, why do you think deer stop when they are shined, because u are blinding them and they don't know where to run, because they don't know where they are. Now a flashlight isn't going to blind a deer or have the affect of a spotlight or head lights....Plus a flaslight isn't a spotlight, thats y its called a flashlight and not a spotlight......Come on you know that there is a HIGH watt difference between the bulbs....so i don't even know why we are comparing flashlights and spotlights, because they aren't even close........I don't think people use flash lights to spot deer 200 yards away in a field.....just don't spotlight, its illegal to shine a spotlight on a deer. Thats why at the local game reserve they set up a mechanical deer and set it in a field to see if people shine it with head lights and get out and shine it with a spotlight, so theres your anwser again obviously its illegal if game wardens around here do that.

[sportsman34]

"Spotlighting of wild animals from vehicles, including illuminating with headlights, is prohibited. Spotlighting is illegal whether hunting implements are carried in the vehicle or not. " - Ohio Division of Wildlife Regulations...

Hunter:

That right there says it all....I know it sounds like if your in the vehicle or not, but being a Law Enforcement major thats where they get ya. That means anytime other than hunting yotes....Sorry about your luck Hunter, but ya can't do it....Believe me i have study the Ohio Revised Code, and some of the laws in there you think u can do something and get away with it but ONE word changes the whole meaning

[hunTer06]

Hunter:

That right there says it all....I know it sounds like if your in the vehicle or not, but being a Law Enforcement major thats where they get ya. That means anytime other than hunting yotes....Sorry about your luck Hunter, but ya can't do it....Believe me i have study the Ohio Revised Code, and some of the laws in there you think u can do something and get away with it but ONE word changes the whole meaning


SPOTLIGHTING IS LEGAL WHEN NOT IN A VEHICLE. AND YES, I AM A CRIMINAL JUSTICE MAJOR AS WELL. I KNOW HOW WORDING CAN BE TAKEN IN DIFFERENT WAYS.

I SPOKE TO A WILDLIFE OFFICER ON THE SUBJECT, HE SAID THAT IT IS OK WHEN NOT IN A VEHICLE, BUT YOU CANT JUST PULL OVER ANYWHERE AND SHINE A FIELD. SORRY SPORTSMAN 34, BUT I BELIEVE HIM OVER YOU

DONT GET YOUR PANTIES UP IN A BUNCH

[lacure]

Hunter,
This is really an interesting little discussion. I have spoken with DNR officers in the Toledo area and in the Columbus area and both said that spotlighting is illegal in Ohio, from a vehicle or otherwise. I would be interested in chatting with the officer you spoke with.

Another curious question...why would it matter if you are in a vehicle or not? Do you think the law was written to keep people from running deer down with their vehicles? Who drives 200 yds into a field to try to run down a deer??? Seriously, think about it...the law is intended to protect the deer from negative effects of spotlights...vision problems, disorientation and simple annoyance. That has nothing to do with vehicles (except for their headlights).

Don't spotlight...it is not leagal or ethical. Go out and scout during the day...you can figure out more that way.

Just my opinion.

[sportsman34]

My panties in a bunch??

[sportsman34]

Hunter:

For one of my classes we had to pick a Law Enforcement occupation that we wanted to be and ride around with them.....I decided to go with a game warden. At the Wildlife Reserve about 5 miles away from my house....one night we setup a mechanical deer and wait for people to spotlight it driving by or what not.....Well we had 5 people shine it with there headlights, and 2 ppl get out of there vehicle turn it off and walk off the road into the field and shine it.......ALL PEOPLE!!! were arrested for it.....So there is your answer.......So who you going to Believe now???? I have seen it done first hand......Im not gettin my panties in a bunch......im tryin to keep ur @$$ out of jail and paying fines just to see if u could see if the deer you hunt still have antlers or not......think about it.....is it worth the chance???

[hunTer06]

Hunter,
This is really an interesting little discussion. I have spoken with DNR officers in the Toledo area and in the Columbus area and both said that spotlighting is illegal in Ohio, from a vehicle or otherwise. I would be interested in chatting with the officer you spoke with.


Im not lying. I honestly spoke with a wildlife officer who said you are OK if not operating a vehicle. He said that even if you are leaning on the vehicle, you can be fined. That was his exact words. Now maybe he was wrong, or didnt fully understand the question but that is what he said.

Now dont get the idea that I go around spotlighting all the time, I dont. The only spotlighting I do is in the yard from a window in the house.

[hunTer06]

Hunter:

For one of my classes we had to pick a Law Enforcement occupation that we wanted to be and ride around with them.....I decided to go with a game warden. At the Wildlife Reserve about 5 miles away from my house....one night we setup a mechanical deer and wait for people to spotlight it driving by or what not.....Well we had 5 people shine it with there headlights, and 2 ppl get out of there vehicle turn it off and walk off the road into the field and shine it.......ALL PEOPLE!!! were arrested for it.....So there is your answer.......So who you going to Believe now???? I have seen it done first hand......Im not gettin my panties in a bunch......im tryin to keep ur @$$ out of jail and paying fines just to see if u could see if the deer you hunt still have antlers or not......think about it.....is it worth the chance???


Dude just calm down. we can have a civilized conversation about this.

you've been banned once dont make it twice.
:tsk:

[hunTer06]

Being that there is any question at all about the law, I am better off not doing it.

[hunTer06]

Just emailed the dnr. Let you know when I get a reply. The issue is no big deal to me, just want to get it cleared up.

[SouthernOhio#9]

A couple of my buddies were driving home and about 300 yards from his house a big buck crossed the road.:yikes: The passenger shined a little mag light at the buck to have a short look, right when they pulled in the driveway a gamewarden gave him a $500 ticket for spotlighting:cheeky-smiley-022: , even though he didn't have a weapon in the car and he wasn't even using a spotlight, just a small handheld maglight!

[Redhunter1012]

A couple of my buddies were driving home and about 300 yards from his house a big buck crossed the road.:yikes: The passenger shined a little mag light at the buck to have a short look, right when they pulled in the driveway a gamewarden gave him a $500 ticket for spotlighting:cheeky-smiley-022: , even though he didn't have a weapon in the car and he wasn't even using a spotlight, just a small handheld maglight!

Not calling anybody a liar, but, what are the chances of a gamewarden being by your buddies house to see him shine a mag light of all things right when a big buck crosses the road at night?

[Thunderflight]

Hunter:

For one of my classes we had to pick a Law Enforcement occupation that we wanted to be and ride around with them.....I decided to go with a game warden. At the Wildlife Reserve about 5 miles away from my house....one night we setup a mechanical deer and wait for people to spotlight it driving by or what not.....Well we had 5 people shine it with there headlights, and 2 ppl get out of there vehicle turn it off and walk off the road into the field and shine it.......ALL PEOPLE!!! were arrested for it.....So there is your answer.......So who you going to Believe now???? I have seen it done first hand......Im not gettin my panties in a bunch......im tryin to keep ur @$$ out of jail and paying fines just to see if u could see if the deer you hunt still have antlers or not......think about it.....is it worth the chance???

Dude, why the anger?

[Elitest]

Hunter:

For one of my classes we had to pick a Law Enforcement occupation that we wanted to be and ride around with them.....I decided to go with a game warden. At the Wildlife Reserve about 5 miles away from my house....one night we setup a mechanical deer and wait for people to spotlight it driving by or what not.....Well we had 5 people shine it with there headlights, and 2 ppl get out of there vehicle turn it off and walk off the road into the field and shine it.......ALL PEOPLE!!! were arrested for it.....So there is your answer.......So who you going to Believe now???? I have seen it done first hand......Im not gettin my panties in a bunch......im tryin to keep ur @$$ out of jail and paying fines just to see if u could see if the deer you hunt still have antlers or not......think about it.....is it worth the chance???

Yeah we all know that the law is black and white and that every law enforcment officer interpets it to the letter. However, with your attitude you'll make a great game warden.

[sportsman34]

Hunter:

You can say im mad or whatever u want too, because that isn't what is intended out of all this. This is intended to let you know what is right and what is wrong. I'm not trying to start anything, it just seems to me that your having trouble realizing that is illegal to spotlight, being a 'Criminal Justice Major" you should realize what the law says and everything related to that, because laws are twisted by just one word, and that what makes laws sound small but in reality mean a lot more (CRAZY HUH?? LOL) that should have been taught to you in your Intro to CJ class. And your telling me because a game warden told you it was ok, that you can do it. Ever heard of "dirty cops". I don't ask a cop a single thing anymore because i have been told things were legal when in all they were illegal, because they didn't understand the law themselves.. haha i know its crazy.. The best person to ask any law question is a judge i will tell u that straight up, ask a judge by sending an email they know the law.....All my replys weren't intended to bash you......just too help you out with not just this issue but other legal issues.......ur just getting legal advice from me.......

[hunTer06]

In my Intro to CJ class yes we were taught how laws can be interpreted in many ways, but no we werent told that they have "other meanings".

Like I said, its no big deal to me. I dont go runnin around spotlightin everwhere. Just kinda wondered if i could.

I dont need legal advise either, I get enough legal jargon in class.

[sportsman34]

Yea but its not really other meanings. They just use one word that will cover all aspects of the law......Anyways where u go to school at??

[sportsman34]

A couple of my buddies were driving home and about 300 yards from his house a big buck crossed the road.:yikes: The passenger shined a little mag light at the buck to have a short look, right when they pulled in the driveway a gamewarden gave him a $500 ticket for spotlighting:cheeky-smiley-022: , even though he didn't have a weapon in the car and he wasn't even using a spotlight, just a small handheld maglight!


Well my guess to this is that for some reason the game warden was watching that area for something, and/or possible that was a mechanical deer that you were shining that maglight on, but for him to give a $500 ticket for shining a deer with a maglight is pretty harsh I would say, because a maglight is a flashlight not a spotlight......your friend should have faught or should fight that charge because a judge will over turn that in a heart beat........if he wants to fight it, don't fight if you shined it or not, fight the fact that a flashlight isn't a spotlight, in which can't be considered spotlighting, because a spotlight has to be something that can conduct a beam of light over a 1/4 mile, and a flashlight can't do that.......

[coonskinner]

hunter...one warden may say this but another will arrest you for what the other warden said was ok...but what about hunting coyote at night ...many times you can shine deer thats curious to thr call...and at my sisters place in the country when you pull in her driveway your headlights illuminate her fields thats always full of deer...it cant be helped...game wardens need to use common sense too whether they like it or not...its really hard for them to win many cases in court as it is...even with those with ill intentions...:mischeif:

[hunTer06]

Anyways where u go to school at??


zane state

[sportsman34]

Coonskinner:

I mean there are some spotlighting u get away with.....Turing into your driveway and you have to shine a field with your headlights and a warden gave u a ticket for that i would punch him in the mouth.....because that is alittle excessive

[hunTer06]

i would punch him in the mouth.....because that is alittle excessive


actually THAT is a little excessive...

[10Gauge]

CoonSkinner hit the nail on the head.......what one warden will ignore another will ticket you for! I have talked to some county wardens are complete A$$ Holes and others who are really nice guys and you never know what some of them are willing to write a ticket for???? We had a similar discussion months ago about "straight walled" & "tapered" handgun cartridges, namely the .45-70 and some game wardens we talked to said "no" their not legal and a few others said "yes".

This is why we have a "Justice System" and everyone gets a chance to go to "Court"......don't bunch anybody in the mouth (I believe you wouldn't Sp34) if you get ticketed for pulling in your driveway GO TO COURT!

Here's a funny true story.....a guy I went to high school with pulled off the road at the entrance of a hay field one night in desperate need to relieve himself. He got out of the car (left it running w/lights on) and walked into the field out of sight of his headlights so passing cars would not see him "doing his business".....a game warden stopped....when my friend returned to the car the game warden said "Your getting ticketed for spotlighting"......my friend explained what he had been doing and that he was NOT spotlighting......the game warden said, "You can take my ticket for spotlighting or I can call the sheriff out here and he will give you several tickets starting with gross sexual impossition, trespassing and maybe public intoxication or DUI".....my friend took the ticket for spotlighting and paid the fine.....Irony here, this guy never owned a gun or hunted in his life!

[Thunderflight]

Ohio game wardens have the worst reputation. I've lived and hunted in several states and have never heard even half the horror stories that you here from Ohioians. One could say that mabye we have alot of poachers in Ohio, but believe me the buckeye state has NOTHING on South Carolina.

For our two kids in school with assperations of becoming a game warden I hope you'll treat people as you'd like to be treated and be firm yet tolerant.

[hunTer06]

From the DNR



Dear Travis,

Thank you for writing to us with your question on spotlighting. I am sorry if you received some conflicting answers previously. This law is described in Ohio Revised Code Section 1533.161. This law prohibits the spotlighting, or using any artificial light, including headlights, from a vehicle, to illuminate a field or woods with a purpose to locate a wild animal. This is illegal whether or not the person has a hunting device like a gun or bow. There is an exception to this law for landowners, who have a reason to use a light while engaged in the surveillance or protection of their property. This particular law is designed to prevent the illegal taking of wild animals at night. Many animals are vulnerable and often “freeze” when blinded by an artificial light.

Outside of a vehicle, such as in your back yard, from your house, etc. it is legal to use a spotlight or flashlight to shine the area. However, since the hunting of most game is not allowed at night, we would discourage persons form having a hunting device with them when doing this.

Thank you for writing to us and I hope this information was helpful. You may always contact the State Wildlife Officer assigned to the county where you live if you have additional questions. Their phone number can be found in the back of the hunting or fishing regulations or on our website.

[hunTer06]

Outside of a vehicle, such as in your back yard, from your house, etc. it is legal to use a spotlight or flashlight to shine the area. However, since the hunting of most game is not allowed at night, we would discourage persons from having a hunting device with them when doing this.
.


exactly what I was told by a wildlife officer before.

[CatDaddy]

But you have to be on your own property right?

[Thunderflight]

That's the way I understood it.

[hunTer06]

But you have to be on your own property right?

yes
otherwise you would be tresspassing

[Redhunter1012]

Don't you use a light at night for yote hunting?

[CatDaddy]

Don't you use a light at night for yote hunting?

Yes, which is kinda funny because it has to be on at all times and visible for 1/4 mile. We also use head lamps for coon hunting. The laws are great arnt they. :coco:

[Redhunter1012]

Exactly, I think the DNR needs to review their laws and figure out what's going on. And touching on what TF said, it's crazy how many horror stories you hear about Ohio's DNR officers. My brother in law got in trouble for hunting deer with the aide of a motor vehicle because he was watching a herd of deer 200 yards away in the middle of an open field during gun season. That's one law in our area that I think is pushed past the intentions of which is was initially enacted. We don't even slow down to look at them anymore during gun or ML for fear of getting ticketed.

[sportsman34]

RedHunter:

Its not only the fact of people getting ticketed, its wardens taken people off posts while deer drives are going on. I don't group hunt but i have seen it and heard it happen. I mean they can wait till the drive is over, because if a deer does come out they can see if they have a tag or not and a plug or not.......Plus the fact is that i hunt by myself in my tree stand. Every year the warden knows im up there. He will ask me to come down so he can check me every year. While someone is pushing the woods im in, that i have been waiting on all day, and the deer run right past us but i can't shoot because he is checking my gun.......:rant: Sometimes i wonder y i didn't punch him in the face or that lol

[Thunderflight]

Has anyone ever filed a complaint with the ODNR for crap like that? That's just ridiculous.

[sportsman34]

ThunderFlight:

Its out of control is what it is... I would like to become a warden, but I would NEVER treat people no matter what they did like I have been treated by wardens for doing NOTHING......Cops and all law enforcement agencies have the power but use it to a level that is way over their limit.....

[Redhunter1012]

ThunderFlight:

Its out of control is what it is... I would like to become a warden, but I would NEVER treat people no matter what they did like I have been treated by wardens for doing NOTHING......Cops and all law enforcement agencies have the power but use it to a level that is way over their limit.....

I agree to a small extent. For example, I fish the walleye run practically every day in the spring. Last year I seen one of the local wardens at the river at about 8:00am checking licenses. Later that evening my wife and I went to the Findlay resevoir to cast for some walleye. At 8:00 pm guess who comes strolling by..you guessed it, the same local DNR officer. We talked for awhile and I asked him about his hours. He told me he usually works 55-65 hours a week on the average during Weapons Seasons for deer and during the spring walleye run. And I know they make great money with benefits, but there is no overtime pay for these guys. So I guess those hours might have something to do with no sympathy or whats seems unfairness. But the cool thing about that evening was him telling me a great spot at that resevoir to pick up walleye in the evening, and he was right. Thinking about it, I guess it probably is more the individual we should look at rather than the whole. IMO

[sportsman34]

Thats what im saying too, is look at the individual and not the whole population. More and more in the news we are seeing cops using too much force, killing more ppl because they feel threated when the person is lying on the ground, with hands extended out, and they shoot and kill the person?? To me thats not feeling threatened thats murder, and the officer of that story only got 20 years for that. Just i feel that the power given to Law Enforcement Officals is ok if used correctly, but seems to me more officals use those powers at levels they aren't suppose too

[mrjbigfoot]

It's legal to hunt yotes & fox with a searchlight at night & yote season is open year round!