Spotlighting

[cmbbulldog]

I have heard from a few folks that it is perfectly legal to spotlight at night in NM as long as there are no weapons in the car.

I just chatted with a game and fish officer about my unit for this year, and he told me that while it is legal, he recommends strongly that I dont do it. He said that if they saw us doing it, they would pull us out of the car at gunpoint and handcuff us until they searched the vehicle.

That just seemed rather extreme to me, although I get thats how people poach at night. But Im not the one making the laws. Is it legal to even do that?

Any people run into this while in NM?

 

[dang302]

Im no lawyer, but I would be happy to take them to court over that one. Lets face it, law enforcement in this state is not going to get the benefit of the doubt from anyone.

For what its worth: They told me that a "slingshot would be considered a weapon"

They really don't want anyone spotlighting. It is however legal to spotlight for racoons now (with serious restrictions on how).

 

[cmbbulldog]

As a follow up for anyone who knows, does headlights on a truck count as spotlighting?

In the past, I have left early in the mornings listening for bugles, with bow in the truck. If I heard one worth going after, I would start to ease in close to the elk well before shooting light. So, would driving the truck around listening for bugles (considering the headlights would be on) be considered spotlighting. In these instances, I would absolutely have bow ready to go for a hike.

If I was actually spotlighting with a hand held spotlight, then I wouldnt have a weapon in the vehicle.

 

[massivecoues]

@cmbbulldog this is called a felony stop and is perfectly legal because it is reasonable to believe that someone who is spotlighting will have a weapon in the vehicle. Officers do this all the time whether it is game and fish or state police. This is considered a high risk stop. Headlights are considered spotlighting. The law only states that if you are casting artificial rays into a field where wildlife or livestock can be that is considered spotlighting. So if you are driving down the road and you see elk on the road then that's not spotlighting but if you turn your vehicle into the field to look at the elk that would be spotlighting. Hope this helps answer your questions.

 

[cmbbulldog]

Thanks for the reply. That makes sense for the headlights.

Seems excessive for following the law, but if they are allowed to hold people at gunpoint, then I guess I know heading into it that could happen.

I was trying to be nice to the guy letting him know where I was camping and what I was planning on doing. He was nice about it, just said he would hold me up at gunpoint. Should be exciting.

 

[dang302]

So its a felony to spotlight, but not to poach?

 

[smarba]

I suppose it ultimately rests with how much of a stickler an officer wants to be. Driving down the road and a game animal runs across in your headlights OK.

Swerving onto shoulder or making a u-turn to swing your lights over it = spotlighting and just like speeding may be a warning or may be ticket.

Simply making a u-turn or swerving back and forth so your headlights shine "where game animals or livestock MAY be" (paraphrase of wording in proclamation) could be considered spotlighting whether or not any critters show up in the headlights; again, probably depends on the officer's mood.

Heck, weaving back and forth just to figure out where to pull off and camp could be considered spotlighting if the officer is out to get you.

One thing to do in your favor would be to make sure any weapons are cased and if possible not even in the cab with you. Legally there is no distinction, because a weapon in the vehicle is still in the vehicle, but doing everything possible to reduce the odds of you actually being mistaken for a poacher might help...

 

[RabidRattleSnake1]

I wouldn't even try it. In no way would I give any of them an excuse to think I was up to anything. Law enforcement in NM is by far the worst I have seen anywhere I have traveled in the US. Doesn?t seem like any of them have any common sense. Just yesterday I was out shooting my bow in ?my? usual spot kinda near the ABQ airport. I shoot over in one of the arroyos away from everyone and everything mostly because it is convenient. Anyway I spot the same SUV and assortment of random beater cars that I see just about every day over there at 7:00 and decide to give them a look over with the binos. As I guessed they were selling ?something?. I saw money being exchanged for paper bags. I called it in to APD. They asked if I could meet them and point everything out so I said sure. I met them down the street at a gas station. The cop comes over and gives me ?keep your hands where I can see them, do you have any weapons? deal. I try to explain where the ?Breaking Bad? guys are and he is more concerned about me getting the drop on him and that I have a bow in my truck. At this point I tell him to go to hell and take off. He sits there looking at me while I drive off with a ?WTF?? look on his face. I am sure there are some good law enforcement officers out there, but it seems I always s run into the Lone Range Dips?..

 

[Ropinfool]

that's funny and sad. anymore i think that calling the cops just makes things worse. seems like they show up with the intent to shoot somebody. too many of them on roids or something.

 

[wyflyguy]

The regulations simply state:
"It is illegal to shine spotlights or other artificial lights into areas where big game or livestock might be, if persons using the light have in possession any firearm or implement capable of killing big game or livestock."

I agree with the poster above - I wouldn't give the game warden any reason to suspect that I may be doing something I shouldn't. Driving the roads listening for elk in the pre-dawn hours is probably fine so long as you're not driving off the road to try to see the elk with your headlights. It seems like there is quite a bit left up to the interpretation of the warden with the way it is written so I would err on the side of caution and just not give them a reason to suspect anything.

 

[overkill]

LAST EDITED ON Aug-22-13 AT 12:52PM (MST)[p]I asked this same question once.

While hunting in a very sought after unit for mule deer I witnessed at night a truck spotlighting several nights in a row. The driver was speeding around very fast covering as much territory as possible as he lit up the surrounding hilllsides with his spotlight. I eventually contacted the fish and game and was told that spotlighting was illegal regardless if any weapons were present. She asked for a description of the vehicle which I gave them. I was given a reference number that I could refer to incase anything became of the report. If I recall correctly it was explained to me the violation could have fallen under harasement of game or spotlighting was illegal during the hunt season.
During the hunt I came across the same truck and it turned out to be an outfitter.

 

[vthokee]

All states I have lived in except GA it has been illegal to spotlight regardless on when it was. I have never even thought about it here in NM. I will agree with the law enforcement comments. Def the worse I have seen in the US and I think Clovis PD is the worse.