Archie Phillips Wins Victory for Hunters
Take The Lead Or Become Irrelevant

The threat facing hunting today is not only from anti-hunters, but from hunters own complacence and refusal to take the necessary steps to lead today's conservation and enviromental movement as well as protecting hunting rights. The choice is clear. We either lead or we become irrelevant. Archie Phillips takes the lead...

Back in 1995 past NTA president and current board member Archie Phillips was charged in Shelby County Alabama with illegally hunting turkey over bait. Archie had purchased a beautiful 200 acre tract that backed up to his 3000 acre hunting club. Naturally this didn't sit too well with one of the locals that had previously hunted this property. A running fued ensued as Archie demanded that his property boundaries be respected. At this time a Conservation Officer was tipped off that Archie's property had been baited. The Conservation Officer went to the property with the informant and found five grains of wheat on the ground. Two days later the Conservation Officer returned to the property and charged Archie with illegally hunting turkey over bait.

Archie immediately knew he was set-up. He asked to see the bait and the officer advised him that all five grains of wheat he had found two days earlier had been removed. Achie wanted to see the area that was baited but was told it was on the opposite end of his 200 acres. Archie couldn't understand how he could be charged with hunting over bait if he wasn't hunting over the baited area and there was no bait in the area for anything to eat. There was no way Archie could or should have known he was doing anything wrong.

Archie now faced a misdemeanor fine of $180.00 for the illegal hunting charge. However, any of you that know Archie understand his motivation and determination to make things right. Archie has a nationwide audience that regularly views his television show "Outdoors With Archie Phillips" and he always stresses the importance of sound game management and playing by the rules. He could not, in good conscience, plead guilty to something he was not guilty of. Instead, he hired noted Birmingham Attorney David Cromwell Johnson and vowed to take his case all the way to the Alabama Supreme Court if necessary.

The case would be a jury trial in Shelby County Court. The judge ruled that the case should be tried as a strict liability case. That means the defendant need not have criminal intent or knowledge of wrongdoing to be convicted. Alabama law requires a 10 day wait after bait is removed before hunting is allowed. Tim Cosby, Chief of Conservation Law Enforcement of Alabama said his department was unable to establish that Archie knew that bait had been placed on the property, but that under the law they didn't have to. Using this strict liability ruling, the jury had no choice but to find Archie guilty. This matter next went to the Appeals Court which upheld the guilty finding. However, the Appeals Court stated they felt the Alabama law regarding baiting was vague and needed intervention by the Alabama Legislature.

True to his word, Archie took his case to the Alabama Supreme Court. His Attorney argued that Alabama has a statute that says any law intended to be a strict liability law needs to be designated as such by the Alabama Legislature. Alabama's baiting law had no such designation and therefore could not be used as a strict liability law. On Friday, March 10, 2000 the Alabama Supreme Court in a unanimous 8-0 ruling stated that baiting in Alabama can not be a strict liability case and that before charged, the hunter must have known, or should have been known that the area where he hunted was illegally baited. The Supreme Court said that the Shelby County jury should not have been instructed that Archie could be found guilty without proof that he baited the area or knew the area was baited. This Supreme Court decision overturned the Shelby County conviction and Archie was exonerated. This ruling closely follows a Bill passed by the U.S. Congress last fall and signed into law by the president that removes strict liability from the Federal laws regarding the baiting of migratory birds such as doves and ducks.

All sportsmen and women owe a great deal of thanks to the courageous effort and monetary expense incurred by Archie Phillips in standing up for what is right. It is a totally absurd law that would allow an individual to be convicted of hunting over bait in an area that was not baited and with bait that did not exist. This ruling should reach out to different states and hopefully change some of these laws that make absolutely no sense and are just used to entrap honest, law-abiding sportsmen like Archie Phillips.