Shoal Creek Is Private Property?

[FishinCricket]

Smallie, he wasn't brandishing the pistol, he was simply there to intimidate.. (just like the Deputies)

http://www.dnr.mo.gov/env/wpp/vmqmp/vwqm-intro05.pdf

http://ago.mo.gov/opinions/1971/264-71.htm

http://ozarksfishin.wordpress.com/2011/03/14/are-you-trespassing-while-fishing-in-missouris-streams-creeks-and-rivers/

http://mdc.mo.gov/fishing/places-fish/tresspassing

http://habitat4all.org/directory/Reference%20material/MDC%20Water%20Rights.pdf

I dunno about the rest of you, but I am printing off at least two of these links and mailing them to the Newton County Sheriffs office... I'm also laminating one to carry in my dry box..

I can see myself doing a few more floats down that stretch this year...

[FishinCricket]

The address is:

Sheriff Ken Copeland

Newton County Sheriff's Office

208 West Coler Street, Neosho, MO 64850-1437

(417) 623-2282

[Trout Commander]

Looks like you guys had a great float. I sure was a beautiful day to be on the water yesterday. Sorry we missed out on it. I think I might have enjoyed the harrassment part of the float. Prolly a good idea we didn't show...might have ended up behind bars for the night. I wonder if the conservation agent of the area would be interested in the fact that you guys were harassed while legally perusing game fish in the state of Missouri through an access that the state has provided for you?

I have a feeling I would have been in the same boat (pun intended as you). As it were I bit my tongue in fear of taking others down with me. I would have loved to have said more.

I would encourage everyone who might run into this problem to print the Chief's last link out and carry it with them when they float. I've never been able to get a straight answer from a CO or water patrol on this, but seeing this in writing clarifies things greatly. Wouldn't it have been nice to hand that ruling to the Sheriff's deputies? Great Job Chief! Looks like if you are fishing you are safe, if you pull up and are just loafing you may not be covered by this ruling.

Smallie, he wasn't brandishing the pistol, he was simply there to intimidate.. (just like the Deputies)

I dunno about the rest of you, but I am printing off at least two of these links and mailing them to the Newton County Sheriffs office... I'm also laminating one to carry in my dry box..

I can see myself doing a few more floats down that stretch this year...

I have been brewing, stewing, thinking, researching and printing all morning.

However, my research has been slow going this a.m. as I think I have continued emotional distress and physiological damages from when Prick Prader and his gun toting strong arm told me that I "would be in a world of hurt if I didn't move on down"...

I haven't made it to the statutes on harassment yet, but am curios of the statute of limitations might be on such an incident?

And hopefully I am recovered enough to do that float with you again Cricket

The address is:

Sheriff Ken Copeland

Newton County Sheriff's Office

208 West Coler Street, Neosho, MO 64850-1437

(417) 623-2282

Copy that.

[Gavin]

You were definitely not tresspassing. Set up a tent next time and wait for the deputies.

[ness]

I think I'd call the sheriff's office (or go if you're close enough) and politely ask a few questions and let them know what happened. Did you guys happen to get the deputy's name? I don't think I'd go in there with a 'tude asking for the deputy's head or spouting the law though.

I can see them wanting to avoid a confrontation, and maybe encouraging you to move along even though you had a right to be there. Depends on the overall situation. But a little discussion with the authorities may just get them to visit this guy and set him straight on the rules. And, threats (such as 'you'll be in a world of hurt') can sometimes be enough for a disorderly conduct charge.

[troutfiend1985]

However, my research has been slow going this a.m. as I think I have continued emotional distress and physiological damages from when Prick Prader and his gun toting strong arm told me that I "would be in a world of hurt if I didn't move on down"...

I haven't made it to the statutes on harassment yet, but am curios of the statute of limitations might be on such an incident?

Harassment.

565.090. 1. A person commits the crime of harassment if he or she:

(1) Knowingly communicates a threat to commit any felony to another person and in so doing frightens, intimidates, or causes emotional distress to such other person; or

(2) When communicating with another person, knowingly uses coarse language offensive to one of average sensibility and thereby puts such person in reasonable apprehension of offensive physical contact or harm; or

(3) Knowingly frightens, intimidates, or causes emotional distress to another person by anonymously making a telephone call or any electronic communication; or

(4) Knowingly communicates with another person who is, or who purports to be, seventeen years of age or younger and in so doing and without good cause recklessly frightens, intimidates, or causes emotional distress to such other person; or

(5) Knowingly makes repeated unwanted communication to another person; or

(6) Without good cause engages in any other act with the purpose to frighten, intimidate, or cause emotional distress to another person, cause such person to be frightened, intimidated, or emotionally distressed, and such person's response to the act is one of a person of average sensibilities considering the age of such person

http://www.moga.mo.gov/statutes/c500-599/5650000090.htm

You're going to have to find the SOL on your own TC. But this should start you on the right path. Anyways, is it just me or the "you'll be in a world of hurt" coupled with the fact that the guy had a friggin' gun just screaming (6) of the above statute.

[flytyer57]

You should find the statute/court ruling from the MO Supreme Court that grants access to give to any law enforcement officers. They can then look it up or radio in to dispatch to find the true meaning of the regs.

[FishinCricket]

You should find the statute/court ruling from the MO Supreme Court that grants access to give to any law enforcement officers. They can then look it up or radio in to dispatch to find the true meaning of the regs.

Somehow I don't see that working yesterday... I'd say that sidling over to that Deputy and citing law would've only infuriated him.. Even Jason's simple question of "Which conservation officer did you speak with?" was met with a brisk "they'll all say te same thing".. The deputy wasn't interested in debating the subject. (which is why I think he should receive a letter)

And I don't remember anyone asking for or receiving the name of any deputy..

[Gavin]

The deputy might be this guys kin...you never know.

[troutfiend1985]

So, after a couple of coffee's this morning and time to think about the situation, here is what I would do if I were you guys.

I would first call the sheriffs office, tell them what happened. TC, I would tell the sheriff that this guy threatened you and that he had a pistol on his hip, exact words and context and tell them you think you were harrased(quote the darn statute if you have to). I would also call the MDC, they have an interest in this as this is a floatable river and you guys were in the right. If nothing happens, that is when you start banging people's heads off the concrete by calling local representatives and possibly filing for a restraining order. That is what I would do, you can always play hardball, but sometimes sugar is easier to swallow for the other side.