In most places you can’t hunt over a baited trap.
Which is what he did.
Sorry, but if a perp goes for bait, committing a CRIME, he is fair game.
Irrelevant — Montana Constitution:
Section 3. INALIENABLE RIGHTS.
All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities.
Section 12. RIGHT TO BEAR ARMS.
The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons.
In most places you can’t hunt over a baited trap.”
Funny, the Police hunt over baited traps every single day, hell in New York they leave wallets on the sidewalk and when a good citizen picks it up to turn it in to the authorities, they arrest and charge them with theft.