Trespassing with permission?

[maipenrai]

I agree with Tom, and remember, he wasnt on the runway, he was outside the airport! Lets not let this obtaining permission, to get out of hand. He asked, and he got permission!

 

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[New Orleans Relic]

Wow! I missed the lengthy original post, but did enjoy all the other 100/word or less posts.
Ray

 

[ivan salis]

time to go to her ;'boss" and explain the problem... tell them you had the ok from the airport manager (heck have her boss call him and ask the airport manager) ---- then tell them if you are needlessly harassed again that you will file an "official complaint" --that should solve the problem.

 

[Pointman]

I live pretty close to you and I have detected all over the place and I have never had an issue like that. All my dealings with police while detecting has been very cordial. Seems like she may have wanted to prove a point for whatever reason and there may have been issues with people by the airport before. I know during the pecan season homeowners are really fussy about giving me permission to detect and I have seen folks run off property before for picking up pecans.

I would have done exactly the same as you, and just kept my cool, but I would have probably went back to detecting if I knew that I was in the right by having permission. I was told by a police officer that you cannot be arrested for just being on someone's property unless it is posted "no trespassing". The most that can be done is you are asked to leave. I'm not sure if they can get you for "vandalism" for digging, but it would seem like this could be contested.

Once I left a bar not intoxicated and police officer pulled out on me from across the street (he was waiting in the parking lot). I was pulled over without probably cause and he asked me if I had been drinking. I passed the test and then he told me "I better not see you out tonight or you will go to jail". I cooperated, but kind of scoffed at that. First of all he had no reason to pull me over and then I hadn't been drinking. Sound to me you were completely legal and they probably couldn't really do more to you than tell you to leave anyway.

 

[etex]

People get real testy if you pick up their pecans

 

[Guest 1551]

Holy crap what a *****! If that lady had done all that **** to me i probably would have been in danger of being arrested.

 

[littleneckhalfshell]

Like it or not, cops are people, and people can be at all ends of the spectrum. In high school, you have the bullies, the nerds, the wallflowers, the friendly ones and the quiet ones, plus a host of others. All these variations can go on to different jobs and be more or less successful in their chosen occupation. You can find the pushy ones in offices, churches, and the police force. Unfortunately some of the 'more assertive' can gravitate towards law enforcement. We used to call it "Ricky Ranger syndrome" after meeting some pushy NJ state park rangers. We were camping at a state campground with my family and my brother's family in adjoining campsites. The 8 kids were sitting around the campfire "burping" and laughing, having consumed a number of cans of Mountain Dew (the soda, nothing stronger) These two park rangers hiding in the bushes come out and accuse the kids of drinking booze (alcohol is forbidden in NJ State campgrounds) Well they couldn't make a case, since there was no alcohol containers in evidence. But the following day, a lady was taking bottles and cans to the recycle garbage area, and one of her bottles was a single wine bottle, Ricky Ranger came by and asked her about it, and being an honest kind of person, said 'yes it was her bottle and that she and her husband had drank it the night before in celebration of their 45th wedding anniversary. I know this because she and her husband were on a neighboring campsite and the Park was only lightly attended at the time we were there. Ricky Ranger gave her a $100 ticket! Many cops I know would have let her go with a smile, a congratulations on being married 45 years, and a warning, after all she and her husband were not a bunch of college kids having a keg'er and running around in drunken abandon. These so called Rangers were not really protecting the Park or the Public but were Bullies pushing their weight around and getting their twisted jollies harassing the public. I know that most police academies have psychological tests to weed out the nut cases, but invariably some will always get through. Reporting them is necessary that they may be instructed again as to who they serve and that protect does not mean 'Harrass'. If we don't stand up for our rights, you know that the bullies of the world in all walks of life, will never back down on their own.

 

[nomad 11]

I have never had and trouble yet *tap on wood* but if I ever get in a sticky situation I have some things lined up to say. I am 18 but I look like im 13-14 literally. If I ever have someone approach me to start trouble im going to say, "I am looking for my moms ring wedding ring she lost here."

and they'll say can you describe this wedding ring to me ?and then they'll call your mom and ask her and the description will be different and then the cops will arrest you on the spot.

 

[Nugs Bunny]

The next day I told my neighbor what had happened and he called his boss and told him what had happened and his boss got just as pissed as I was and my neighbor actually new the person the officer had called and asked her about the previous day and explained to her that I had been given permission by the airfield manager. This lady told my neighbor that she had not told the officer that we could not be there that in fact she told her that as long as we had permission from who we said we had permission from and that we were not inside of the airport fence then we could metal detect all we wanted.

Sorry about such a long story but I had to explain it thoroughly. Just wondering if any of ou have had a similar experienece and if you have how did you handle it and if you were me how would you have handled it and what do you think my next move should be?

And that cop had the audacity to call me a liar. I personally think this woman has no business wearing a badge but perhaps a name tag a mc Donald's she would probably fit right in with their customer service criteria.
Again sorry for the long post.

Get permission in writing on Airport Stationary with their letterhead (if possible get it notarized), get a copy of the Alabama Code on trespassing, get a copy of any regulations pertaining to metal detecting, if possible get a boundary map showing property lines, get copies of Alabama Code on unlawful arrest. Carry all this with you in a folder along with your credentials.

Then go back and detect that spot, when she comes back and confronts you calmly and politely show her your paperwork. Do not leave if you have permission, if she arrests you then comply politely and calmly, even while detained at the jail. Then when you get out sue the hell outa them, either way you win, unless you don't think a night in jail is worth ten or twenty grand.

Section 15-21-27
Section 15-21-27[h=4]Penalty - Unlawful detention or arrest after discharge order; civil action for damages.[/h]Any officer or other person who has the custody of a party produced on habeas corpus and who detains him after an order of the court or judge for his discharge or enlargement or afterwards arrests him without a legal and proper cause, warrant or other process shall be fined, on conviction thereof, not less than $50.00 nor more than $500.00, and is also responsible in a civil action for any damages the party may have sustained.
[h=5](Code 1852, §738; Code 1867, §4289; Code 1876, §4965; Code 1886, §4788; Code 1896, §4841; Code 1907, §7036; Code 1923, §4335; Code 1940, T. 15, §31.).

Alabama Code on Trespassing
Section 13A-7-2
Section 13A-7-3
Section 13A-7-4

Alabama Code on Habeas Corpus
Section 15-21-27
Section 15-21-31
Section 15-21-24
Section 15-21-30[/h]

 

[Tom_in_CA]

and they'll say can you describe this wedding ring to me ?and then they'll call your mom and ask her and the description will be different and then the cops will arrest you on the spot.

First off, I highly doubt that scenario. Anytime I've ever heard of someone using the "looking for a friend's ring" story, they are actually wished good luck, etc.... Anything's possible, but ....... have never heard of an authority dis-believing it. Or to the extent they did, to go to the extreme you say. And then on top of that "arrest you on the spot" for such a ruse? No. Tell you "scram" ? Sure.


But this is much to easy to solve, if someone is this worried: You merely run a "lost" ad on craigslist the day before. Have a buddy list it if you're all-fired worried they'll trace email addresses blah blah. CL ads are free Eg.: "lost ring at such & such campground, with red stone and flower engravings"

Have it ready to dial up on your smart phone web connection if need be. Or print it out before you go, etc...

Dunno why people make it more difficult than it is. Or fear "imminent arrest" for the silliest minor things. I mean, sheesk, let's all not even leave our front doors in the morning "lest a lion attack us"

 

[cudamark]

Get permission in writing on Airport Stationary with their letterhead (if possible get it notarized), get a copy of the Alabama Code on trespassing, get a copy of any regulations pertaining to metal detecting, if possible get a boundary map showing property lines, get copies of Alabama Code on unlawful arrest. Carry all this with you in a folder along with your credentials.

Then go back and detect that spot, when she comes back and confronts you calmly and politely show her your paperwork. Do not leave if you have permission, if she arrests you then comply politely and calmly, even while detained at the jail. Then when you get out sue the hell outa them, either way you win, unless you don't think a night in jail is worth ten or twenty grand.



Alabama Code on Trespassing
Section 13A-7-2
Section 13A-7-3
Section 13A-7-4

Alabama Code on Habeas Corpus
Section 15-21-27
Section 15-21-31
Section 15-21-24
Section 15-21-30[/h]

I can imagine a few things that could happen in jail overnight that I'd be willing to pay more than 20K to avoid!

 

[Nugs Bunny]

Can't be too safe eh? I would suggest if a person would do all that they should get fingerprints too. Personally I would just ask for and detect if I received permission. I would not argue my case in the field but would maybe talk to the chief of the authority if I felt like the officer were wrong. This line of reasoning---"Then when you get out sue the hell outa them, either way you win, unless you don't think a night in jail is worth ten or twenty grand."--Nugs Bunny does not seem to be proper.

Well if fingerprints pertained to what one is doing... then ABSOLUTELY!

If you quote my COMPLETE statement I also stated to calmly and politely presents the law to the officer. They will then call their superior and ask how to proceed in most cases. I never implied to argue the case in the field, what I am claiming is to present information that is unknown, the officer will confirm if it's legit with his boss.

This is common practice for a lot of us prospectors, and a MUST for prospectors West of the Mississippi. Agencies such as the BLM and USFS routinely exceed the bounds of their authority or simply just don't know the law in some cases.

There are times we need to challenge and question authority, we both agree on that. The difference is you challenge it by ignoring the law and I challenge it by enforcing it.

I'm saying don't let a cop run you off property you have legal permission to be on. I had the police order me to leave my own yard and one officer threatening to arrest me if I didn't. Did I leave my yard? No... Did I go to jail? No... Why? Because I knew the law and enforced my rights.

Would I have went to jail instead of submitting to a bully? You're damn well right I would have!!! And I would have gotten paid for it too! Should we break the law? No!!! Should we challenge corrupted law officials? Absolutely!!! It's our duty as Americans to resist tyranny!

We both challenge authority Kemper, but like I said you do it by ignoring the law... and I do it by expecting to live by the law. There are laws for Government too ya know...

 

[Nugs Bunny]

I can imagine a few things that could happen in jail overnight that I'd be willing to pay more than 20K to avoid!

There is a difference between jail and prison. I've been arrested several times, sitting in jail waiting to bond out is boring and uneventful. Everybody is locked up nice and safe and most times you never leave the holding cell.

The police around here are corrupt and so are many of the prosecutors. I challenged the prosecutor in open court and the judge sat there snickering the whole time. The look on his face said it all though. Consequently all charges were dropped!

Sometimes as Americans we must stand up and enforce our rights... even if it's an inconvenience!

 

[Tom_in_CA]

..... Agencies such as the BLM and USFS routinely exceed the bounds of their authority or simply just don't know the law in some cases ..... The difference is you challenge it by ignoring the law and I challenge it by enforcing it.......

Well, in this case, I have a one-upped better way to handle such "interpretation" and "exceeds" etc... type issues: Simply detect at night, when such lookie-lou confrontations aren't gonna happen in the first place! It's gotten to the point where I do most of my turf hunting at night, in the first place (d/t turf has the most ... uh... "connotations"). So peaceful ! So serene !

Or put another way: If it's only going to be 1 person in a city of 100,000 that's bound to "have an issue" with what you or I are doing, then ask yourself: Is it more fruitful to try to get this one person to love and condone you ? Or is your time better spent just to AVOID that "one individual" ?

As much as I would love to have every last person in my city "sign off" on what I'm doing, yet ....... I've faced the reality of things. Oh sure, like Kemper, I too will rationalize it legally. However, when push comes to shove, I'll admit that *not every* lawyer, or city clerk, or gardener would see and interpret things that way. Sure I can try to persuade and convince-them-otherwise. OR.... I can just do my best to pick low traffic times, and ..... presto: Problem solved

 

[littlewheaty]

lol this post is from aug 2012 and the op is from arkansas not alabama.

 

[Nugs Bunny]

lol this post is from aug 2012 and the op is from arkansas not alabama.

Ooops my mistake!

Everything still applies, one would just have to look up the same laws in their respective State. It may be from 2012 but people are still commenting on it.

 

[cudamark]

There is a difference between jail and prison. I've been arrested several times, sitting in jail waiting to bond out is boring and uneventful. Everybody is locked up nice and safe and most times you never leave the holding cell.

The police around here are corrupt and so are many of the prosecutors. I challenged the prosecutor in open court and the judge sat there snickering the whole time. The look on his face said it all though. Consequently all charges were dropped!

Sometimes as Americans we must stand up and enforce our rights... even if it's an inconvenience!

Interesting.....I've been detecting for over 44 years and have NEVER been arrested. I think I'll keep using my method.

 

[Nugs Bunny]

Interesting.....I've been detecting for over 44 years and have NEVER been arrested. I think I'll keep using my method.

I've never been arrested for metal detecting or trespassing, I've actually never been hassled by anybody while metal detecting. Why? Because I don't go where I don't belong!

Sometimes we must take a position and make a stand, even if it's an inconvenience. I'm not a victim, and I won't be intimidated by any individual, including a police officer. When they start making the laws up as they go along, it's time to defend ones civil rights.

I was pretty wild when I was younger, I spent a lot of time in court and a few nights in jail, I have calmed down since then.

 

[Nugs Bunny]

I don't think I would like having a criminal record.

You have to be convicted to have a criminal record. Being charged with a crime and being CONVICTED are two separate things.

You still go to jail if you are charged with something, then you bond out and appear in Court.

But I wouldn't really expect you to understand the law or the legal system!

 

[Nugs Bunny]

If you're charged with a low-level misdemeanor that's deemed to be more serious than a petty misdemeanor, you'll probably face a significant fine and may be required to participate in a community-service program. However, it's unlikely that you'll be incarcerated for such a crime. Low-level misdemeanors include vandalism, disorderly conduct and "disturbing the peace." Meanwhile, more serious misdemeanors like burglary and grand theft might be punishable by some jail time.

Law Dictionary: Will I Go to Jail for a Misdemeanor?

Will I Go to Jail for a Misdemeanor?

Are you saying stealing a car or breaking into a home is a misdemeanor? "serious misdemeanors like burglary and grand theft"

Are you saying... guilt or innocence is determined at the time of the arrest?

Are you saying that fines and community service are ordered without even going to court?

Are you saying one is guilty as charged even if they win in court?

You love quoting things out of context. What you have highlighted in your post it referring to going to jail after one has appeared in court... not prior.

What does it state in the very first paragraph at that link?

Will I Go to Jail for a Misdemeanor?
Will I Go to Jail for a Misdemeanor?
Written by James Hirby | Fact checked by The Law Dictionary staff

If you've been arrested and charged with a misdemeanor crime, you may be worried about spending a significant amount of time in prison. Chances are good that you've already been exposed to the penal area of the police station that processed you in the aftermath of your arrest. Depending upon the jurisdiction in which you were arrested and the time of day in which the arrest occurred, you may have been jammed into a cramped jail cell or given a semi-private room of your own. If you've already spent time with other accused criminals in a secure environment, you may be dreading the thought of returning to such a place after your conviction.

It's clear you do not understand the process.

Criminal Charges

Criminal Charges

Misdemeanors

A "misdemeanor" is a criminal offense, and conviction ordinarily results in a criminal record.

What Happens After I Am Arrested?

After being arrested, a person is "booked" by the police.

Legal-Aid
Arrest Processing

If you are arrested, you will be handcuffed, and except in unusual circumstances, you will first be taken to the precinct in which the arrest occurred for initial processing.At the precinct, a police officer will interview you and ask for “pedigree” information, including your name, address, date of birth, Social Security number, etc. Once you have been fingerprinted you will be taken to Central Booking and processed for arraignment, which is an appearance before a judge.