a "trespass" story

Tom_in_CA

Gold Member
Mar 23, 2007
13,804
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Salinas, CA
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Explorer II, Compass 77b, Tesoro shadow X2
A thread below was about a fellow md'ing around an old abandoned FL mansion, (which apparently was not fenced or posted). A sheriff came up and chit-chatted/small-talked. The md'r asked about also hunting other spots in the area, and the sheriff answers that "as long as it's not fenced or posted, and .... or ... until told otherwise" etc.... Bumluck chimed in that some states don't require fencing or signs, yet you can STILL be trespassing. I don't know what states that would be, but it occured to me, that if that were the case, then HOW does the person know he was/is trespassing, to begin with? Anyhow, it made me think of the following encounter I had here in CA:

There's a little burg near me, where's there's a certain church that dates to around the turn-of-century. Next door to the church was a vacant lot/grassy field. Not sure if the church owned it, or if it was just a perpetually un-developed parcel (as this is a sort of rural area). My friend and I decided to give the lot a try one day, and found a few coins (perhaps fumble-fingers of the nearby church, etc...). Another time we were passing through this little burg, and decided to give the lot another whirl. But THIS time when we got there, we saw that there was now a little vegetable garden on it. Someone had it all tilled up, and was going to be planting veggies in it or something. But no one was there, and the tilled soil looked inviting (might have brought something else up), so we went ahead and hit it again. This time we found some more stuff, inc. a button from the 1840s (as there's a feature a few blocks from there that dates to the very early 1800s).

This went on for a year or two, that anytime we were passing by there, we'd stop off at this lot, and sometimes give in another whirl. However, one such day we showed up, lo & behold, there were signs "no trespassing" :( So as we studied the landscape, we saw that there was a dirt road that separated the church from the lot, etc.. We figured we could work along the peripheries, and perhaps no one would care. So we did. But eventually, I sort of edged my way in to the out rows of the lot itself (hard to resist, but ..... I figured "I'm close enough to the road that I can just step back, etc..."). About 10 min. in to our hunt, a truck pulled up to the curb, and a man got out. I could see gardening equipment and tools in his truck, so I instinctively thought "oh no, I'm gonna get chewed out", etc... So my friend and I sort of "slinked" back to the peripheries a bit more, and sort of ...... got out of there. As we went to our truck, which was right by his truck, the man said nothing, and totally ignored us (even though I was certain he'd seen us near or aside or in his plot). We left, and thought nothing more of it.

A few days later, I was talking to one of my employees, who happens to live in that little burg. I told him of the lot, the signs that had appeared one day, of the man, etc... He quizzed me about exactly which lot, by what buildings, etc.... Turns out the man was his DAD! And the lot was a lot where someone had given him permission to plant a garden. So I asked then, why his dad, after a long time of no signs, had one day put up signs. He said that the reason was, that shortly before this incident his dad had pulled up to the lot to tend his vegetables. He arrived just in time to see a person loading bags and bags of vegetables into their vehicle, that they had just picked from his garden! He got their license # and called the sherrifs.

The sherrifs came, heard his story, and got the license # from him. Then they surveyed the lay-of-the-land, and saw that there were no fences, and no signs. So they told the guy "we can't do anything" (even though they HAD a license #), because "the lot is not fenced or posted". So. .... the fellow therefore PUT signs up. Not because he necessarily cared about someone using the lot for a short-cut path, or someone md'ing it, or whatever, but simply because of how .... otherwise, he could not have the ability to keep people from taking vegetables.
 

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A 100 years ago the vegetable thief may have been shot for his trouble and the law would have been on the farmers' side. Now, the thief has rights.....crazy.
 

reply

Yes, well the story is not so much about the "vegetables". It was more-so to explore of how it can relate to metal detecting un-posted un-fenced land. But now that you guys mention it, if an "absolute parallel" were to be drawn between that vegetable thief to metal detecting, then my point was defeated. Doh! I hadn't been thinking of it that way. It wasn't supposed to be the point that if we can all agree the thief is wrong, then why are we, anymoreso to think that WE are ok to walk away with something from there? No, I hadn't thought of it that way. It was more to say that, when it comes to where you can metal detect, that technically, you can't be "trespassing", if there isn't a fence or a sign, etc......

But oddly, we can all agree that in this particular case, NO ONE would have anything nice to say about the veggie thief. Fence or no fence we ALL agree that .... clearly the result of one man's back-breaking labor, only to see someone else walk away with it, etc....

Then my point becomes sort of defeated, if I tried to make an exact parallel. In other words, the md'r who says that vacant land, no matter how abandoned or openly crossed with trails, etc.... is still not detectable, unless we've knocked ourselves silly down at the assessor's office, etc..... Then that md'r can say that "we are no better morally than that vegetable thief, and technicalities of getting away with it don't make it right".

Therefore, after giving this some more thought, I guess I have to say that I simply put the activity of metal detecting as in a different camp that someone "stealing vegetables". I would put us more in the camp of someone simply using the short-cut trail across a corner lot, for instance. Or here's another way to think of it: Technically, anything that is on city land (the old coins we find in the park for instance, or the ring in the sandbox, etc...) belongs to the city. I mean, sure, if you tried to walk in and say "hi, I found this dollar on the city sidewalk, does it belong to the city therefore?" of course they'd probably say "keep it". EVEN THOUGH if you sluethed through legal code long enough, the dollar probably belongs to the city. Or if you find an object over the value of $100, then most states have lost & found laws that require you to turn that in to the police, for proper lost and found procedures. Yet a simple look at the beach forum, and you'll see no one's running to police stations turning in their rings, right?

However, if you walked in to a city office and took that SAME dollar or SAME ring off someone's desk, then .... of course.... all h*ck would break loose, and we'd all agree that's "theft", right? So what was the difference? They are both things we are keeping, that "don't belong to us", right? Here's the difference, that we all subconsciously know: That when something is in the ground, un-seen, and no one knows it's there, it's almost as if that object DIDN'T EXIST till WE brought it to light, right? I mean, it will rot for another 1000 yrs., if not dug up. So.... who's been harmed? Who's lost anything? So for some reason, we all seem to think of taking a ring off of someone's night stand as theft, while picking up that same ring out of an orchard, vacant lot, park, beach, etc... as a different class of item. Not saying this is defendable in the eyes of the law , but just saying .. that there's probably no shortage of md'rs who might hunt a vacant lot, yet would NEVER dream of picking up a quarter off someone's night stand. They just instinctively know, that they're two different beasts.
 

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Wow would'nt think somebody would be stealing vegetables.. People never fail to amaze me.. Most people are decent and honest but the ones that are'nt ruin things for everyone.. Glad to hear that you guys were'nt the reason the guy put the signs up.. I have a spot like that a family owns it I asked the one brother if I could work the edges and he said yeah no problem go ahead.. Two weeks later I was out there and the other brother showed up and asked me what I was doing.. I told him and he came unglued and told me I was stealing from his land and not to come back.. I told him I had permission and he said he would take care of that.. Just goes to show you permission does'nt always mean you're in the clear..
 

Simple, if you don't own it and its not public property then its private property and off limits. Trespass and you can go to jail.
 

Here in illinois in cook county the police wont do anything unless you have posted no trespassing signs up and notified in person e person who has tresspassed not to tresspass. Even hen they will rarely do anything more then ask them to stay out.
 

My dad owned a hundred acre farm outside Grand Rapids, MI...we lived in the city and the farm just sat there unfarmed...he grew up there and inherited it. About 30 acres of it was wooded so my brother and buddies would go out there to hunt. One day when we were there some guy hunting there spotted us and came walking over asking what we thought we were doing. We told him hunting...he told us we couldn't be there....the owner had given him permission so we'd have to leave. He asked if we had permission...we told him we did, then he asked if we even knew the owner. We said..."yeah, our dad owns it." He just gave us a hard look, turned around and left. The land wasn't posted and my dad didn't care who hunted there, but if we were going out there, he'd tell us if friends of his were going to be there so nobody got shot. Occassionally before deer season people (not us) would put up signs posting the property to keep it to themselves, but we'd never posted it.
 

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Around where I live asparagus grows wild in the ditches and people will feud over patches of it. You have to be careful, people steal stuff in tough times even vegatables. Anyways tresspassing is tresspassing, sign or no sign. If it ain't public or don't have permission stay off it. Thats how people get shot!
 

arnofarrell said:
Around where I live asparagus grows wild in the ditches and people will feud over patches of it. You have to be careful, people steal stuff in tough times even vegatables. Anyways tresspassing is tresspassing, sign or no sign. If it ain't public or don't have permission stay off it. Thats how people get shot!

A neaw in illinois went i to effect jan 1. I dont have a opy of it here but it is about putting up a no tresspassong sign and putting a purple paint splotch on a tree. I do not know if other states have any laws like this.
 

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