
Quoting
aardvarc
Your private property doesn't become any less private just because a purposefully wounded animal comes onto it, nor does the presence of such an animal create any legal easement or right of passage to a hunter. Such hunters **should** seek the permission of the property owner before entering the property, whether there's a deer or not, and most importantly, before entering property while ARMED (which in most states will bump the misdemeanor of simple trespass up to a felony of armed trespass). Now, with that said, in most cases in which a hunter has maintained sight on the animal from the moment of wounding until it's down and can with relative ease and quickness be retrieved, **MOST** state attorneys won't bother pursuing such a case - if for no other reason than the defendant will simply say "I was so excited that I hit it that I failed to keep sense of my surroundings and didn't realize at the time that I was trespassing". If they hunter didn't have to open a gate, climb over a fence, or take some act where a normal person would be aware of change of ownership, states don't like to spend the money to prosecute because juries like to give the benefit of the doubt in such cases. Now if the hunter is searching, hoping to come across it, entering and REMAINING on the property, other than a quick jaunt in to grab the deer, that's likely to vastly expand the time spent roaming (aka trespassing), and chances that the state will prosecute start to go up.
The people who can give you the most truthful and accurate answer, given that enforcement can be selective, are the law enforcement officers and/or wardens responsible over the property in question. The bottom line being, no, the hunter doesn't have a right to trespass, but neither is law enforcement likely to intervene if it's a quick, one time event, with no hint of other wrongdoing or malice, or some other circumstance. If it's something happening habitually with the same hunter, then it becomes something even MORE likely to get scrutinized for action. Keep in mind that SUBJECT to arrest doesn't mean WILL BE arrested.