Attorney Austin Tomlin wrote this article for Avvo.
Virginia's right to retrieve law, established in Virginia Code § 18.2-136, gives hunters the right to enter private property without permission to retrieve their hunting dogs that have strayed onto the land while pursuing game.
1. Retrieval Only
Unless a hunter is fox or raccoon hunting, Virginia Code § 18.2-136, only permits hunters the right to retrieve their hunting dog from the property of another without permission. The law does not allow hunters to turn dogs out onto property without permission to do so and only permits fox hunters and raccoon hunters to follow their hunting dogs across property lines without the intent to retrieve.
2. No Hunting
If a hunter enters the property of another to retrieve their hunting dogs, no hunting is permitted. When property lines are crossed without permission, hunting ends and retrieval of the hunting dogs must be one's sole purpose.
3. No Firearms or Bows
When a hunter goes onto property without permission to retrieve a hunting dog, they cannot carry a firearm or bow and arrow on their person.
4. No Vehicles
The use of vehicles to retrieve hunting dogs is specifically prohibited by Virginia Code § 18.2-136. Unless a hunter gets permission from the landowner, they cannot use a vehicle to retrieve their hunting dog.
5. Refusal to Identify
Hunters retrieving their hunting dogs from prohibited property must identify themselves when requested to do so by the landowner or the landowner's agent. Any person who willfully refuses to identify themselves after having been requested to do so is guilty of a Class 4 misdemeanor.