It is a situation where you are perfectly legal to take the shot (end of your porch, gate of your lease, etc. However, it's a deer you haven't scouted and you didn't even know existed and the situation in which you harvest this animal isn't actually hunting.
I have no clue what the part of the question of the deer being one you haven't scouted or didn't know existed has to do with anything.
But I will say no. Many years ago, on private land I had permission to hunt, I pulled into the drive, landowner owned land on both sides of the road. I parked looked across the road and a 150" plus buck was chasing a doe. Might have been over 160. He was a good one. I grabbed my 30/30 and eased across the road, stood in a fencerow that was lined with trees. Watched them. The doe made one circle and came within 30 yards. I yelled at the buck and he stopped and looked at me. I couldn't shoot him, I didn't and don't regret it. I hunted that part I had permission to hunt hard, never saw that buck again.
Another time, my brother and myself were coming home on thanksgiving. Many on here probably know the field. Close to Fall Creek on Priest with a circle of woods, field is right by 840, northeast of where 840 crosses Fall Creek. A big 10 pointer was chasing a doe. It was about 3 pm. When we got home, I am hurrying and my brother asked me what I was doing. I told him I was going to go kill that buck. He said he won't be there. I said you never know. He didn't carry a gun, I grabbed my percussion muzzleloader and we took off. We parked where people park all the time. I snuck down the fencerow and the doe made a circle that brought him right by me, maybe 20 yards. I yelled at him, he stopped and looked. When I got back to the truck, my brother said "why didn't you kill him?" I told him it was not hunting and would not have meant much to me. I later was told that if I had killed that deer (I walked about 250 yards before I found a spot to hide) but that would have been considered road hunting and a ticket if caught. I don't see that as road hunting, but also didn't think it was hunting which I why I didn't shoot.
The worst one, same field as with road separating land I could hunt, a giant, probably over 170" was chasing a doe. A giant. He had been seen by several others hunting farms around us. By this time the landowner had sold some land and a giant house had been built. A ridge ran right down the middle. As you looked from the road I could hunt the left side of the ridge and could not hunt the right side, the right side had sold. There was a block of woods on the land that sold and you could look through them at the giant house. I was told I could still hunt the one side but not to get on the side that sold. This buck was a giant. I was banging on the landowners windows, doors everything trying to see if he was home, before cell phones. I got no answer so I went ahead and eased around the side I had permission to hunt. Finally walked up to the ridge, right on the property line, and was looking through the block of woods at the giant house, where I was not allowed to go. A doe and the buck came out of the block of woods, about 50 yards, I had my 7mm stw. It was downhill to an opening behind the giant house, and I knew my luck, not only would the sound of the shot rattle the house, he would not drop, he would run down to the opening to die and I might lose that spot to hunt and it had a lot of land. He stopped and looked at me. I will never forget it, he was a great buck, I put the crosshairs on his shoulder, peeked up from the scope and could see the house through the block of woods which was well to the right of where the buck was and decided not to shoot. I yelled bang at him and they took off. Finally caught up with the landowner that night. The couple that lived in the house had separated and had not been in the house in several weeks and the husband had told the landowner (it was his wife that did not want anyone hunting) my brother and me could hunt his land also, we just had not seen the landowner for him to tell us. Never saw that buck again.
, I'm fine with that also. I don't hunt to appease them.
