Im Pd!!!

Re: I'm Pissed!!!

oldcoon brings up a good point, when he says "That would be a chance I would risk." Because:

1) Think of it: if all of us md'rs refused to go out to any place that someone "might take exception to", then you might as well stay home, and choose a different hobby. Because there is no gaurantee that you will ever find a public place, where the risk of some kill-joy coming out to gripe (or worse) won't happen. Just like driving a car: someone "might" flip you off, or you "might" get roughed up by an overzealous cop for a tail light out. So what? If it bothers you that much, don't drive, don't detect, etc.... There comes a point where you have to ask yourself, like oldcoon did: "so what?"

2) I can think of two situations where something like this did happen, and it turned out to be a good thing for the md'r. Here they are:

a)One time I was detecting in the back-country of an old army base, where some PT fields used to be. An MP came up and read me the riot act, was yelling at me, etc... (something to do with the fact that I'd parked my truck off on the dirt shoulder, when the rules require vehicles to stay on the pavement, or some bologna like that). He even pulled a gun on me, and ordered my wife and I to go to our truck, and remain there with hands on the dashboard, etc.... (while he ran my plates, called for backup, etc....). Eventually, he just let us go, but not before escorting us the entire distance the exit, etc.. I went and complained about the treatment, told his superior how he'd pointed his gun at us, etc.. The long and short of it is, that that officer was relegated to an office position for the rest of his career! Turned out, he'd had a few other "gun waiving" incidents in his folder, and this one was "one too many". So while it wasn't "fun" at the time of the encounter, it did give me a good feeling to know that justice had been served :laughing7:

b) There was a fellow I heard of who got a ticket for md'ing in a turfed park, in San Francisco. The md'r decided to fight the ticket. He signed up for his "day in court". It was a cattle-call kind of assembly line process (like traffic tickets, etc...). When the md'rs turn came up, the judge looked at the charge, and turned to the md'r to see what he had to say. The md'r just said something on the order of "I was detecting for loose change, and I don't know what the officer's problem was. I left no trace of my presense, etc... blah blah". He hadn't spoken longer than 30 seconds, before the judge interupted him, saying "Dismissed", and calls for the next person in line. Later, when the md'r got the paperwork with the "dismissed" stamp on it, he proudly carried it anywhere in SF he went, from then on, in case some other busy-body cop thought they could do the same thing :) So you see, it was a case where, in retrospect, the md'r was happy it had happened :)
 

Re: I'm Pissed!!!

oldcoon said:
I could handle the summons for trespassing. That would be a chance I would risk. My apologies to any law enforcement personnel and/or security persons reading this, grab my detector and you just made a bad career move. A very bad move.
With Twelve yrs Security experience, I take no offence to this. I am with ya 100% the "Confiscation" was nonsense!!! if he gave a tresspassing summons he had no right to take the Detector!!! Only if he was given a Detecting summons would this be anywhere near legal.
 

Re: I'm Pissed!!!

sadly now and then it seems that some poor folks run across a BWB * (BWB = bully with a badge. )---the sort of person that gives law enforcement type folks a bad name , sounds like you got one.
 

Re: I'm Pissed!!!

Write everything down exactly as you recall it happening. Exactly. He has no right to just grab your property without conducting an investigation. And declaring that. If there was a path, with no signs, your allowed to use it. Metal detecting is not illegal, and you should get yourself a good attorney and make him and the local cops look like assholes.

Again...a detailed record of the events is needed. Its evidence. They did not have to confiscate the machine as evidence. I would file theft/robbery charges.

HH. -Joe


28138digger said:
OK here's what happened. I got off work a little early and decided to try hunting around the RR bridge at the Yadkin River.. I was there about 20 mins and a Norfolk Southern Police Officer came out of nowhere! He told me to stop what I was doing. He proceeded to tell me I was trespassing.. I told him that I wasn't aware of that, I saw no signs and I was on what I thought was a path.. He grabbed my detector out of my hand and said that I was coming with him.. I proceeded to try to get my detector back not being belligerent or anything! I followed him to his car and he started making a phone call.. Me standing there the whole time looking like an idiot!! He finally got out of his car and said I would have to wait until the Local Police got there.. I asked him what was the problem.. He said he was sick and tired of having to come to the bridge for people metal detecting.. He had better things to do.. The local police (East Spencer PD) showed up. They talked and the ESPD issued me a summons for trespassing! I asked about my detector and he said he is going to hold it for evidence.. Now I gotta go to court!! I cant believe this!!!
 

Re: I'm Pissed!!!

I would have told them that I need to stop back at my house and secure my detector and then they could take me to jail . Otherwise they would have to pry it out of my cold dead hand. Flipin retards. With all the crap going down in this world jacking someone up for walking on a path. Yes it is true that all RR are a NO NO . Howver I wish I had a quarter for every time I fished off one as a kid . Bunch of snapper heads . More than likely they would have killed me first. But Hey I am a principle guy . Thats why I live in N.Y. They would at least give you a warning . :coffee2: Rob
 

Re: I'm Pissed!!!

Ask for Forgiveness. If you were inside of RR right of way you loose in court. If you dug near the base of bridge, big NONO, I think that one is also a federal crime if done with in a short distance. Do not remember how close you can be, 60'? You obviously had intent to dig, can not deny that.

The advice was given to go to superior and explain and ask forgiveness, that is the best advice given. period. Your not likley win but may get your machine back, probably cost a days wage and court costs, Shoot who knows you may just save the money and get another detector and yours back if done right.

Just My Two Cents

Good Luck
Jeff
 

Re: I'm Pissed!!!

Any new news from Digger?
 

Re: I'm Pissed!!!

I got into this late....but I avoid properties around the RR.....too much harrassement. In Kansas they won't hesitate to charge you with Tresspassing...(never happened to me but others I know)
 

Re: I'm Pissed!!!

Sadly, laws are passed to prevent one thing (somebody getting killed, walking on the tracks or whatever), but then the law gets written to perhaps forbid something else & it's not clear when something is enforced or should be.

Thousands of city parks & many county fairgrounds are located alongside RR tracks, with some large parks having the RR tracks through the middle of the park. So are we all risking arrest?

Do they arrest detectorists for trying to steal from RR or because they are in danger of being struck by a train they don't hear because they are wearing headphones? Are the picnicers, ballplayers, etc left alone?

They may have a row of bushes or trees by the track, but that only gives maybe a 5 foot buffer zone between the RR tracks & parks. Best wishes, George (MN)
 

Re: I'm Pissed!!!

NaturalJWL said:
poorhunter78 said:
Any new news from Digger?
mrs.oroblanco said:
We are all waiting - for the results of this travesty.

What's the word????? :dontknow:


Beth
He said he has to go to court over this. That usually takes a good 30 days or so before your on the docket. But i'm with you guys.... Fill us in when you can digger.
 

Re: I'm Pissed!!!

OK all went to court.. No lawyer.. Talked to DA or prosecuting attorney (whatever ya call Him) . Explained all and showed the pictures. He gave prayer of judgement.. I have to be a good boy for 6 months. Court costs. I will get my detector back in a couple of days. Lesson learned here. RR has right of way 50' from any active track!!! They have the right to charge with trespass anywhere on that area. Anyway I will be good and just do some door knockin when I get my detector back..Thanks to all who replied and all the support..
 

Re: I'm Pissed!!!

28138digger said:
OK all went to court.. No lawyer.. Talked to DA or prosecuting attorney (whatever ya call Him) . Explained all and showed the pictures. He gave prayer of judgement.. I have to be a good boy for 6 months. Court costs. I will get my detector back in a couple of days. Lesson learned here. RR has right of way 50' from any active track!!! They have the right to charge with trespass anywhere on that area. Anyway I will be good and just do some door knockin when I get my detector back..Thanks to all who replied and all the support..


( glad you are getting your detector back, im in ohio and they are cracking down on people trespassing on rr property, i live right where two railroads intersect and walk my dogs next to them all the time, its time for me to find a new path to walk the dogs on, although i dont think they would be to quik to approach me with my 1 an half yr old german rott that weighs 130 lbs lol, rules suck. now get out there and find some treasure :hello2:
 

Re: I'm Pissed!!!

Thanks for the update.

It could have been a lot worse if they considered it a historic site.

There is plenty of history all through that area.

Door knocking might lead you to some hidden cache from that time.

Glad you are getting your detector back.

Stay safe out there.
 

Re: I'm Pissed!!!

well probation for 6 months & pay court cost --not the best outcome , but at least you get the detector back .---chalk it up as a "ugly" lesson learned.
 

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