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Keeping illegal antlers crime, high court says
Spokane Spokesman Review
6/2/02
Boise _ The state Supreme Court has found that an Idaho man continued to commit a crime by holding an illegal set of elk antlers. The court rejected arguments that a two-year statute of limitations period began when the animal was killed.
The high court reversed a ruling by the Idaho Court of Appeals and sent the case back to 3rd District Court for review.
In 1996, Frank Maidwell had a permit to hunt for antlerless elk, defined as a cow or bull with antlers less than 6 inches long. That November, an Idaho Department of Fish and Game officer contacted him after receiving a tip that he had killed a fully antlered bull.
Maidwell told the officer he killed an elk but discarded the antlers. Maidwell showed the officer some meat in a freezer. Investigators used the animal's bones to determine they belonged to a branch-antlered bull, between 2 and 4 years old.
The agency seized the antlers in December 1998 and Maidwell was charged with unlawful possession of wildlife parts.
Canyon County Magistrate James Schiller determined Maidwell had illegally taken the bull on Oct. 26, 1996, but the two-year statute of limitations expired when he wasn't charged by Oct. 26, 1998.
The Supreme Court ruled that in writing the law, the Legislature clearly indicated an intent to make the possession a continuing offense.
"As long as the person had the wildlife parts in his possession, he is committing the crime," the court wrote. "The statute of limitations will not begin to run until he ceases possessing the parts.
Spokane Spokesman Review
6/2/02
Boise _ The state Supreme Court has found that an Idaho man continued to commit a crime by holding an illegal set of elk antlers. The court rejected arguments that a two-year statute of limitations period began when the animal was killed.
The high court reversed a ruling by the Idaho Court of Appeals and sent the case back to 3rd District Court for review.
In 1996, Frank Maidwell had a permit to hunt for antlerless elk, defined as a cow or bull with antlers less than 6 inches long. That November, an Idaho Department of Fish and Game officer contacted him after receiving a tip that he had killed a fully antlered bull.
Maidwell told the officer he killed an elk but discarded the antlers. Maidwell showed the officer some meat in a freezer. Investigators used the animal's bones to determine they belonged to a branch-antlered bull, between 2 and 4 years old.
The agency seized the antlers in December 1998 and Maidwell was charged with unlawful possession of wildlife parts.
Canyon County Magistrate James Schiller determined Maidwell had illegally taken the bull on Oct. 26, 1996, but the two-year statute of limitations expired when he wasn't charged by Oct. 26, 1998.
The Supreme Court ruled that in writing the law, the Legislature clearly indicated an intent to make the possession a continuing offense.
"As long as the person had the wildlife parts in his possession, he is committing the crime," the court wrote. "The statute of limitations will not begin to run until he ceases possessing the parts.
