Run off for the 1st time near San Diego

Nugs Bunny

Hero Member
Mar 13, 2013
515
491
Ohio
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White's MXT Pro
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All Treasure Hunting
There's not a single city in the entire USA where, if someone looked long and hard, you won't find something that can be construed to mean "no detecting".


I think that's just a Cali thing Tom! It's probably easier to list what isn't illegal there! :laughing7: :laughing7: :laughing7:


do_not_read_this_sign_under_penalty_of_law.jpg
 

Ky Ed

Jr. Member
Jan 15, 2010
32
7
Louisville, Ky
Detector(s) used
Minelab
You can't hunt here

Although this one city person gave you the scram, as you can see, other city people simply "draw a blank" when asked about it. And I bet you that other city persons in Poway would probably say "sure, go ahead, just cover your holes!". So what does that tell you usmc? It tells you that far from being a "cut-&-dried" rule (that we must all go seeking sanctions on), that it's rather up-for-personal whims, depending on who you run into, how they feel mood-wise, how you phrase the question, etc..... I will not allow myself to be subjected to this russian roullette, and ... will instead, just pick low traffic times when busy-body lookie-lous aren't out and about.

We have the same problem in Louisville, ky. There is no law on the books but the Parks Dept. was using the Police to run us off. Had to go to the Chief Of police to warn him of breaking the law. I checked their law books first. Then the Police started running us off school grounds and I went back to the Chief of police to warn him the second time for breaking the law. He wanted to know how I knew about his law Dept and I told him I am not there to be interrogated but to stop breaking the law. He has now quit bothering us in the Parks and school grounds. Most parks Dept are using the wrong laws to keep you from hunting. The Civil Rights Law Prevents being singled out of a group to recreate in a park and all others are allowed to do their hobbies. We have got to get this stopped before it goes Nation wide. Caneyville Ky, put it in the newspaper that no one could be allowed on private property to metal detect. The Law called Color of Law was violated and the Color of Office was violated as well. People in office take on authority they have not been appointed for or elected to do. A detectorist went to one of their meetings and challenged their statement and they after several weeks retracted their stance. The private individual has a right to metal detect on his own property! Unbelievable what power we have allowed our leaders to get away with. Thanks for listening. KY. Ed
 

ivan salis

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Feb 5, 2007
16,794
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callahan,fl
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you can not "disturb --the sand , gravel, dirt --ect ,ect,ect " ie no digging ALLOWED -- AND since you cannot recover any item "FOUND" under the dirt BY YOUR DETECTOR --IN THEIR POINT OF VEIW NO METAL DETECTING IS ALLOWED SINCE LOGICALLY YOU MUST "DISTURB" THE DIRT TO RECOVER "FOUND " SUB SURFACE ITEMS --since LEGALLY SPEAKING IN THEIR VEIW all you can find /remove would be surface ITEMS where a detector would not be needed to see it... bottom line --NO DETECTING ACCORDING TO THEM. THE POWERS THAT BE.:BangHead:

SUCH RULES ARE GROSSLY UNFAIR to detectorist * soccer teams and baseball teams ,football teams --golfers all use shoes with cleats that can tear up the grass --dog walkers dogs use their paws to rip up the grass when taking a dump , to ban us from enjoying our hobby while others with equally or even move destructive hobbies freely roam all over the parks is "profiling /targeting" and is unjust. we must stand up publicly against such rules or face being "closed out of all public land use"..
 

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Tom_in_CA

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Mar 23, 2007
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Salinas, CA
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Kemper, you say : "The Civil Rights Law Prevents being singled out of a group..... "

This starts to sound akin to someone fighting a traffic ticket, who tries to cite the bill of rights, the constitution, etc.. And want to appeal his speeding ticket to the supreme court.

It's ok to admit that *technically*, something may be illegal (at lower courts, before $1,000,000 appeals). And that the real issue is: "does anyone really care?"

And you say: "Under that logic you would not be able to step in the park" While this may be sustained at the supreme court level, yet .......... lower courts would say (incorrectly) that md'ing -of-necessity causes damage. While "stepping" doesn't. I agree with your assesment that we don't cause damage. But just saying that I doubt this will ever make it to the supreme court.
 

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ivan salis

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Feb 5, 2007
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kemper --they (the powers that be ) would say that walking does not "disturb " the ground ..."iin the same way or amount that digging does" .. and since they both make and enforce their own rules trying to tell them differently one on one most likely would fall upon deaf ears --but the powers that be do often have to have "public meetings" to face the public that they think that they "rule over" this is the time to publicly question them and their so called "logic'..
 

Tom_in_CA

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Mar 23, 2007
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.... "public meetings" to face the public that they think that they "rule over" this is the time to publicly question them and their so called "logic'..

yes. We could certainly try to attend council meetings, court-appeals, etc... to get things "over-turned" and "clarified". Couldn't we ? Or..... face the facts that such "neon red-lights" aimed at us will simply cause more damage, than good. And then maybe realize it's better just to avoid those neon lights, to begin with :)
 

Fletch88

Silver Member
Mar 7, 2013
4,841
2,367
Valdosta, GA
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This I why I go after sunset or at 5-6am to do what little park hunting I do. It's not worth the hassle of lookie Lou's and park workers giving you a hard time. Drawing attention to the hobby will do nothing but get it banned more quickly by a desk jockey bureaucrat.
 

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Higgy

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Jul 21, 2014
1,415
1,264
NH
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Xp Deus, Tesoro Tiger Shark, Garrett AT Pro, Garrett Pro-Pointer
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All this fuss because one peckerwood decides he didn't like someone enjoying their hobby while he had to work.
 

Loco-Digger

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Jun 16, 2014
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Northern O-H-I-O
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In the town where I live, there is only one officer that has an issue with detecting the park down town. He ran me off last July. I was being very careful with my plugs, was even using a hand towel to make sure all the dirt went back in the hole. He stormed across the grass shouting "what the H#LL are you doing"? I politely stated that I was not doing anything illegal or immoral. He told me "someone might see you" to which I replied, again I am not doing anything illegal nor immoral and then I left the park to diffuse the situation. Since the weather was great on Christmas and the day after, and thinking that there would be limited police presence over the holidays I hit the park on those days. Only found a couple wheat pennies and other clad. This park is used for a couple of craft sales, and 2 festivals every year. I am certain it has been pounded over the decades and knowingly detected this park for the clad. Not many quarters were dug. I pulled over $15, mostly dimes and pennies. I dug over 220 plugs those 2 days and none were noticeable. the new crop of police officers in town are young and friendly. I have met a few of them at different locations as they pulled up and asked if I was having any luck? One stated that he received a metal detector for Christmas last year. I plan on working with this officer in the future since he is very green at dirt fishing. He is a local that may assist in getting permissions to doing some farm fields in the township. I look forward to hunting with him when the weather changes.

I agree to stay low key and not escalate the situation.
 

boogeyman

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Jun 6, 2006
5,016
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Out in the hills near wherendaheckarwe
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I agree with you and would not question their opinion. I would look up what were written in the code and if metal detecting was not clearly prohibited I would detect. I would not ask them and would certainly not go to a public meeting in regards to metal detecting unless a park were already banned and I were trying to get it opened back up. If the park would be posted I would know how they felt and would abide by that too.
Basically what this boils down to is, You've got a park employee who's probably been stuck there with no chance of advancement. He told you not to detect and that made him feel important and he had some perceived authority. Simply, you could go back with a buddy or two. IF he doesn't go up to each one of you and tell all of you to stop or leave, that's selective enforcement. The legal beagles can look it up, and it's in the Calif. Penal Code. If he persists, you are well within your legal right to call the police & have him cited for harassment! Been there done it. An easier route is to have him call or call yourself to have a park ranger come out. In my area I've made friends with the rangers & have a card with their direct numbers. More than once I've had them come and slap down a park employee overstepping his authority. Sometimes just pulling out your cell phone and asking Can I have your managers number... Oh wait I have it will send them scurrying back to their pickup. Plain & simple this guy is a bottom of the list civil servant looking to feel important.
 

Boatlode

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Mar 30, 2014
1,728
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Florida Treasure Coast
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I would have told that city worker assbag to either arrest me or mind his own business.
 

Dennisjf12

Jr. Member
Dec 18, 2014
21
4
Massillon, Ohio
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Garrett AT Pro, Garrett Pin Pointer AT, Garrett bags
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One thing we all need to remember, while most of fill our holes to the point you can't tell you dug the hole, but theres a lot of people out there that think, if he can do it, I can do it and then we could have dozens of people doing it and some of them don't bother filling there holes, First go get written permission, Then when some says your not aloud to do that, you just show them the paper.
 

Tom_in_CA

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Mar 23, 2007
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One thing we all need to remember, while most of fill our holes to the point you can't tell you dug the hole, but theres a lot of people out there that think, if he can do it, I can do it and then we could have dozens of people doing it and some of them don't bother filling there holes, First go get written permission, Then when some says your not aloud to do that, you just show them the paper.

Dennis, on your first point, you're right: Just because you can get the person to admit you PERSONALLY are neat, clean, and leave no trace, yet ........ in their mind's eyes ....... it just opens a pandora's box. Eg.: "what's to stop every other yahoo from coming here and doing the same thing, and perhaps the next md'r isn't *quite* so neat and clean ?" So this is why the mere legal distinction between "damage" and "damagED", won't fly when disputed with the person who accosts you. Oh sure, it may be totally legally defensible semantics, but you will still end up on the loosing end of that debate.
 

Tom_in_CA

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However, I do not go from the above agreed upon truth, to your conclusion. I do not think that the solution this, is to go get "written permission". And for pete's sake, "written"? To put some legal paper/contract in front of some city desk-jockey to sign, is the FASTEST way to get a "no". All that's going to do is put some sort of legal ramifications, risk, etc... in their mind. And even if you leave out the "written" part, it's still not a sure-fire way to avoid encounters. For starters, they might simply say "no" at the git-go, even though there's not verbage that disallows it. And even if you got a "yes": There's been no shortage of md'rs who still get accosted. So they proudly whip out their permission name-to-drop. Only to be told silly things like "yes but you can't dig". Or "that person did not have the authority". Or they get on their cell-phone, call to city hall and say : "But he's tearing the place up!" (which isn't true of course). And then guess what happens to your "permission" ?

So your best bet is just to avoid those-who-might gripe, TO BEGIN WITH. As much as I would *love* every last person to condone & adore my hobby, and roll-out-red-carpets for me, it just aint gonna happen.
 

metalhealth

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Aug 6, 2014
150
80
N.C.
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excal
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I was detecting on the Rosemary beach in Florida just west of Panama City Beach last summer and one of those guys who puts out the chairs and the umbrellas told me I wasn't supposed to detect on the beach there. I told him I hadn't seen anything that said I couldn't and I had looked. He said well I'm supposed to tell you not to do it because it's private property here. I said well you can tell me that if you want to and who are you? He was the manager of one of the chair companies. I asked him why, he said because some years ago someone found a ladies ring and basically ransomed it back to her. I said so it's not an ordinance or law just something somebody thinks I'm not supposed to do? He said just promise me you'll do the right thing if you find something valuable. I said ok I promise and that was the end of it. Then he came up to me later and told me if I would look around there storage boxes on the beach he would give me a dollar for every key and five dollars for every lock I returned to him. I found four locks and three keys. I did the right thing and didn't charge him.
 

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Tom_in_CA

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Mar 23, 2007
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I was detecting on the Rosemary beach in Florida just west of Panama City Beach last summer and one of those guys who puts out the chairs and the umbrellas told me I wasn't supposed to detect on the beach there.....

Hah, great story metal-health. And I can just imagine a different outcome to that story:

Metalhealth gets booted from such & such beach. Informed that it's illegal. And being the law-abiding non-confrontational sort, he obeys and leaves. He gets on an internet forum, and makes a post for others (so that no one else "gets arrested"), saying: "such & such beach is off-limits". Then others, reading that, grateful that they just been saved the embarrasment and possible arrest, tell their freinds and post as well. Afterall, we're all doing each other a service to alert each other about laws, rules, etc.... That's what forums are for afterall, is the exchange of info! Ok. Then ...... 10 or 15 yrs, later, everyone's looking around at themselves saying/thinking: "says who?" "since when?". And the only thing anyone can cite as the authority for this is, ...... you guessed it: Forum posts!

This is not a remote silly possible chain of events. I have actually seen posts where someone comes on asking "is such & such country legal?" (like if they're getting ready to go to beach resorts on some island or country or whatever). And sure enough, someone else will come on with the "no" answer. And guess what they're citation/proof will sometimes be? Simply to link to a post where the subject had come up in the past! Doh! And trying to read closely in THAT post, and ... it's just like this: Someone got booted. Or someone asked a cop or desk clerk . Or lawyer, etc...... And no one questions it. Before long, when it's on the net long enough, it's just taken as gospel fact !
 

Treasure_Hunter

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Jul 27, 2006
48,461
54,904
Florida
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You can search the laws for the countries someone is wanting to visit and see if it is legal to hunt in said country and what restrictions there are if any.....

Posted From My $50 Tablet....




“A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
― James Madison

The Constitution of the United States of America
 

metalhealth

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Aug 6, 2014
150
80
N.C.
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excal
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I still don't know if he was telling me something he had actually been instructed to say or if it was just something he decided on his own. For all I know the property owners could actually have an ordinance. Those beaches do have signs saying they are private but I was paying to stay there. Wether that gives me the right to detect there or not I don't know either. I know several people there told me they had detected there for many years. What I do know is the next part of our conversation, if he didn't let it go, was going to be a go !&$@? yourself and find somebody with some real authority to tell me to quit detecting. Would I take that approach in every situation. No. But I felt I was right or at least needed to be proven wrong this time.
 

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Nugs Bunny

Hero Member
Mar 13, 2013
515
491
Ohio
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yes. We could certainly try to attend council meetings, court-appeals, etc... to get things "over-turned" and "clarified". Couldn't we ? Or..... face the facts that such "neon red-lights" aimed at us will simply cause more damage, than good. And then maybe realize it's better just to avoid those neon lights, to begin with :)


Sometimes we have to put down the detector, shut off the PC and make an effort. Everybody tries to interpret the law in our favor, instead of trying to write the laws in our favor.

It's time to stand up and make a difference. As the saying goes "If you can't beat em... join em!"


Parks & Recreation Advisory Committee | Poway, CA - Official Website

Parks & Recreation Advisory Committee Overview

Three Vacancies Currently Exist

Qualifications: Must be a Poway resident.

Purpose: To advise the City Council on the parks and recreational needs of the City of Poway and to provide a means of encouraging community involvement as it pertains to park development and recreational programming. The committee consists of five members. To be appointed to this committee, one must be nominated by a member of the City Council and approved by a simple majority vote of Councilmembers. The duration of the appointments correspond with the appointing Councilmember’s term of office. Three vacancies exist due to a newly elected Mayor and two re-elected Councilmembers.

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Meetings are on the 1st and 3rd Tuesday of the month at 7 PM at the City Council Chambers, 13325 Civic Center Drive Poway, CA 92064.
 

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