Arrested metal detecting.

[mikeraydj]

I went back to the high school this morning to do some more hunting. I pop a coin out of the grass, put it in my pouch. I stand up and there are 2 police officers standing behind me. They start giving me the third degree. They said someone called and said that I was tearing up the park. I told them I wasn't and they were free to inspect the whole field to find any evidence that I had done anything to the park. They agreed that I had done nothing wrong as they had been watching me the last 5 minutes. I told them if I wasn't being detained I would like to go back to metal detecting. They would not answer me. I asked again. Am I being detained? They still would not answer me. They said they wanted my ID. So I gave them my ID. It so happens last year I was given a citation for fishing in the wrong spot on the lake and I forgot about the fine. So the officers said I was under arrest. So I was taken from the field in handcuffs and booked. I paid my fine and was released. I was so mad as soon as I was released I went back to that field and went back to detecting. I came away with clad and a silver ring, a silver St. Christopher medal, and a silver bead.



I am going back to that high school until I have detected every square inch of it. I hope I run into the person who called the cops.

 

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[Terry Soloman]

The old "Outstanding Warrant" story. Some things we should just keep to ourselves..

 

[Treasure_Hunter]

Why is this posted under Fisher Research ? Moved to General
..

You were arrested for unrelated non paid fine, not for metal detecting.

 

[McKinney_5900]

Question that's been surely asked..."Could he have simply refused to give his ID?" There was no probably cause and he wasn't breaking any law detecting. martin

 

[fishnfacts]

No.
When asked for ID by PO you must identify yourself regardless or be detained until positive ID by law enforcement. Its the law as I know it.

 

[Red James Cash]

No.
When asked for ID by PO you must identify yourself regardless or be detained until positive ID by law enforcement. Its the law as I know it.

Wrong.

 

[McKinney_5900]

No.
When asked for ID by PO you must identify yourself regardless or be detained until positive ID by law enforcement. Its the law as I know it.

I watched a utube video about "right to open carry" firearms where the two people sporting the rifles on the street simply stated that if they weren't being detained for suspicion of braking a law, they didn't have to show ID, and the uniformed cop agreed. What's the deal?

 

[OWK]

No.
When asked for ID by PO you must identify yourself regardless or be detained until positive ID by law enforcement. Its the law as I know it.

Not only is this incorrect, but the perpetuation of this myth contributes to the growth of the police state.

 

[Treasure_Hunter]

Not only is this incorrect, but the perpetuation of this myth contributes to the growth of the police state.

Depends on where you are, some states have laws requiring you to show ID if asked by law enforcement....

You can still refuse based on 5th amendment but you can expect to be arrested.

States in red have such laws..

 

[OWK]

Depends on where you are, some states have laws requiring you to show ID if asked by law enforcement....

You can still refuse based on 5th amendment but you can expect to be arrested.

States in red have such laws..

Being the general advocate of human liberty that I am, I was leaning on the Supremacy of the Constitution. I personally consider any law which subjugates Individual Rights or the Constitution to be illegitimate, and therefore void.

I am however, enough of a pragmatist to seek to avoid having to test this premise where I can.

 

[McKinney_5900]

Depends on where you are, some states have laws requiring you to show ID if asked by law enforcement....

You can still refuse based on 5th amendment but you can expect to be arrested.

States in red have such laws..

This somehow tells me that we are all now "guilty until proven innocent." You'd think the Constitution would blanket-out and protect each of us, and when it fails due to local LEOs, healthy punitive monetary rewards would be in order. Say a friend or your employer sees you being wrongly arrrested. Doesn't that lean towards defamation of character and possible loss of personal revenue? It should!

Here we had a simple detector hurting nobody, who happened to have a puny fish and game infraction for crossing a line in the water to fish. I'm sure glad the cops gathered in that dangerous fella, while somebody else in the same park is possibly kidnapping some 4 year old. The laws are all messed up. martin

 

[Treasure_Hunter]

I was posting based on state laws....I know where your coming from and agree but this isn't politics forum so we can't go that route......

 

[OWK]

You'd think the Constitution would blanket-out and protect each of us

It does.

But only to the degree that it is not subjugated or ignored by the states or municipalities under it's domain.

Liberty is a condition which is generally established quickly, and then slowly eroded by tiny incremental encroachments.

 

[OWK]

I was posting based on state laws....I know where your coming from and agree but this isn't politics forum so we can't go that route......

Sorry if I diverted the conversation.

 

[Treasure_Hunter]

Gentlemen, no politics unless in politics forum...

 

[Doug H]

Yeah Mike...I'm glad they caught you out there detecting and got your sorry tail off the streets for a while, I mean its not like there was anybody out there raping, murdering, assaulting, breaking and entering or stealing that they could have caught. They got the real criminal off the streets.

 

[G.I.B.]

Y'all are missing an important point here...

Most cities have a law on the books where, absent an authorized school function or special permission, being on school grounds while closed is in itself trespassing.

Most schools have a notice posted concerning trespassing.

Here is a portion of Fl. law.

Is metal detecting a legitimate business on the campus?

It's simple folks- get permission first. Just like any other property you don't own.

810.097 Trespass upon grounds or facilities of a school; penalties; arrest.—(1) Any person who ) Does not have legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property; or
(b) Is a student currently under suspension or expulsion;
and who enters or remains upon the campus or any other facility owned by any such school commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4) Any law enforcement officer may arrest either on or off the premises and without warrant any person the officer has probable cause for believing has committed the offense of trespass upon the grounds of a school facility. Such arrest shall not render the law enforcement officer criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
(5) As used in this section, the term “school” means the grounds or any facility of any kindergarten, elementary school, middle school, junior high school, or secondary school, whether public or nonpublic.

 

[mikeraydj]

I am sorry. I did not start the post to start a political debate. I related my experience while metal detecting. Take from it what you will. I also posted my experience in the Fisher forum because I swing a F5 and know a lot of other Fisher owners there that I have been talking to since I have gotten into detecting. So I thought my friends there may be interested. I thought the title of my post was valid and brought up issues that any one of us could face while participating in this hobby. My experience hasn't been all nice and rosy, I find more trash than treasure, I haven't gotten that spanish reale yet, spent way more money than I have found, my knees are sore at the end of the day, have been cussed by people who have no idea what I do, growled at by strange dogs and tip toe over their poop. Yet in spite of it all I still love this hobby. I said what I said so others won't be surprised if a cop comes to them asking for their papers.

 

[Keppy]

As we all know cops will be big dumb & stupid .. All they know how to do is follow orders .. They could care less about your rights …. The only time they do not follow orders are when they are breaking the law there self… You know .. stealing , speeding , drunk driving , bothering women trying to you know what…………….. Then they wonder why no one has respect for them…….

 

[hunting deer]

I like after all that you went back to detecting and came away with some good finds. Dedication in my book!