Home Forums Hunting & Shooting Africa WTF?US Fish Wildlife wants to meet 3yrs after my Safari

The content of this video is great. It should be posted in the "Hunter's Campfire" forum so more members could have an opportunity to watch it. While it makes mention of a statute (the Lacey Act) that pertains to Americans hunting/fishing abroad and the attached circumstances, I also found that it speaks to the larger anti-government/anti-law enforcement sentiment that seems to be finding a larger foot-hold amongst average Americans these days.

Intent = intent to do an act, not intent to break the law by doing that act.

And there are a host of laws with "strict liability" which require no act or intent at all. The Lacey Act is one of these.

If the gov't advised you that you could have your attorney present and that you could end questioning whenever you choose to, they are inviting you to excercise your fifth amemndment right to not incriminate yourself. The reason they are doing that is because you are a criminal suspect or close enough that what you say maight make you one.

Get your lawyer to the meeting. Let him do any talking.

{BTW, I am an attorney, but, while licensed, I don't practice and it has been a LONG time since criminal law classes.}

JPK

So, I'm not an attorney. I don't even play one on television. But I am wondering what, exactly, the attorney would say in one's place.

So, you bring one, what exactly does he do in a situation like this?

I just reread the original post. The agent stated that they are after the operator in South Africa. This sounds really fishy since I don't see how the US has jurisdiction over an outfitter in SA. Given this and the you may have an attorney present statement, I would not step into the room without an attorney who had been thoroughly briefed before the interrogation.

Brent, yeah, but did you sleep at a Holiday Inn Express?

The attorney will know what questions the Gov't must answer (and must answer truthfully) when asked. The key being "when asked" since there are many situations where the onus is on the suspect/interviwee/citizen to do the asking and not on the Gov't to do the volunteering. He will know his client's rights and when to excercise them and there are many situations where the Gov't does not bear the onus of informing the suspect/interviewee/citizen of his rights. In addition, knowing the regs and law and being a dispasionate participant, he will know what to listen for and will hear it.

ODay450, the US would have subject matter jurisdiction, in regards to the outfitter's actions, if the outfitter shipped or conspired to ship verbotten trophies to the US, maybe also if he took deposits or payments for the hunt or trophy fee payments in the US or through a US bank. For personal jurisdicition, they would need either a treaty with SA or his presence in the US (say, at one of the shows.)

{Remember, it has been a LONG time since criminal law classes in law school.)

JPK

Concur, Lawyer up, no question. jorge

Shakari

I`m a little busy at the moment,but when i get a moment i will scan the article for you.

Dave

Get a Lawyer. Talking to a Federal LEO without one is asking for a long vacation at the crow bar hotel.

Alright, I will weigh in and then the stones may be cast if needed. I have been a cop for almost 17 years. I watched the posted video and I wish I could say he is full of crap, but he is not. If you are a witness to something, by all means be a good witness and help the cops put everything together.
Ray is right in his statement that if you are a suspect and the investigation swings that way Miranda kicks in and they have to stop and advise of your rights, BUT... if they call you to try to garner info about this other guy and you unknowning tell them about something that is illegal, even though you didn't know and did not intend to break any laws, that info CAN be used against you.
At the department where I work, if we call you in to talk about a case and you maybe linked like this we will record and video AND advise you of your rights.
I want to see bad guys off the street like any decent cop, but I also don't want somebody drug down by some piece of crap PH. If you have an attorney at your side they will know when and what can be done to provide you the leverage to be sure you do not get rung up for something that a PH didn't do his job on, ie... immunity. Spend a couple bucks and have your attorney help you do the right thing, which is provide honest information at the right time for the right reason. Casey

Yeppers, time to lawyer up! If for no other reason than your lawyer will have a load of liability insurance, hopefully.

I would just decline the interview. If they depose you, then get the lawyer.

+1

But what type of lawyer should he have with him?
Criminal defense? International law?
General law?

Might be worth calling SCI to see if they could make a recommendation.

Excellent suggestion. SCI has a legal meeting at their conventions for attorneys. I just received the announcement for this years convention so I guess they send to most members.

Best advice given here.....

The property of intent in a crime only dictates a different type charge. Get an attorney.

Joseph

what w bunch of scared little girls and [bleep] house liars. Ray is the only one with any common sense.

purplefox66,

What law school did you graduate from?

i didnt go to law school.