Cops ran us out again!

[ryaan21]

Hey all. Posted about this same subject last year from the same park with the same woman. We contacted the city officials and they told us that there is no laws against metal detecting and aslong as we are not leaving a mess and huge holes it would be ok.

The "woman" in question could find no evidence of us even being there when she was asked to. She was told by the city manager that she didnt have the authority to ask us to leave the park. She told my brother and i that as far as we were concerned she IS THE POLICE.

So fast forward to this year. Got out for about an hour and half. She drives by and pulls a U turn onto the sidewalk near where we detecting and drives atleast 20 miles an hour with children present on bikes and playing.

She gets out and tells us that this isnt happening again this year and that she is calling the police. I politely asked her for some form of documentation that says we cant be here. I know there is such thing because I checked repeatedly online and with the city itself.

So the pigs come down and after talking with them they ask us to leave. We were respectful and polite. They told us to go through the same crap we went through last year.

Im not about starting trouble with law enforcment, but if there is no law against it and we were told it was ok should we leave?

I know the majority would say we should leave, but when is it gonna frickin stop? She was told to leave us alone and that it was ok for us to be there and the cops keep telling us to leave.

Im not the type to fold simply because some woman on a power trip says so. I am doing nothing wrong in the eyes of the statutes and law so why the hell should I leave.

Could a cop arrest me when Ive broken no law? What are my rights in a situation like this? Im really close to going down to her office and calling her on the carpet with a lawyer.

The woman is director of the parks and was told to leave us alone. She was told she had no authority.

I am considering filing a harrassment charge against her. Any ideas?

[jeff of pa]

File the Harassment
(Restraint) Order if Possible
.

But until then Leave when the police say to.
If you refuse you are Disordley.

[SC_hunter]

Well first thing...I take a bit offense to the use of the word "pig". And as far as when it it "frickin stop". When you get it in writing from someone in charge. Can you be arrested Not sure, but do you want to take that chance? I wouldn't. I'm sure if they went through most of the state laws and town ordinances, they could come up with something.

[Old Dog]

Wow Jeff,

took the words right out of my mouth.

Randy,
I don't like the term either in this application.
I am however quite fond of a nice roast pork.

LOL
Thom

[mastereagle22]

I agree with what Jeff said.

File a formal complaint but when the police say to leave just do as asked.

[ryaan21]

Well thats where im having the problem. Just because some is wearing a badge and gun doesnt give them the right to trample someone else's rights. And if he asks us to leave that is exactly what he is doing. Ive checked it and rechecked it. There is no law against it.

Pig is a term I use to describe police who dont know their ass from a hole in the ground. No offense meant to anyone here.

Im wondering when the crap is gonna stop. I have just as much right to metal detect the park as people have to walk in it. Yet a person with a badge and gun tells me to leave and if i dont i could be charged with being disorderly?

How is enjoying my rights as a citizen being disorderly. I could see the point if i was breaking a law, but im not. I will be filing charges against the woman in question aswell.

Thanks for the advice.

[teverly]

If the city manager has spoken to this woman,then have that person speak with the police also.
I would ask the person that told you it was ok to detect for a note saying that and with a contact# in case there are any problems.
as for disorderly conduct,as the officers on here will tell you,you can be charged with that for anything from arguing with the police to loud music bothering your neighbors ect......when the police show up and tell you to leave,even though you know you can be there,you are better off to leave and get it in writing so that next time you have the proof......sounds dumb i know but that is the way it is these days.....
And i would also mention to the police that this lady has stated as far is she is concerned she is the police when it comes to you..that i would think shows that she is harrassing you.

[eagle77]

100% agree with Jeff & teverly

[Sandman]

100% agree with Jeff & teverly

Next time you are there have someone video tape it and get that lawyer.

[stevesno]

I wouldn't be surprised to find out that this complatent has some pull with the city council....or at least drops names when making the complaint to seem to have more pull than she really has....I would ask the police officer....what law am I breaking....my taxes help maintain this park....If you must ....write a ticket and we will settle this in court.....But that's just me.... Steve

[CGMaddog]

I'm sorry but I spent 22.5 years serving this countryfor freedoms. If the police are wrong you need to go to the police chief with there names and badge numbers. I know law enforcement have it pretty tough bu they also forget the are their for and work for the law abiding citizens. I would also file a suit against the lady involved. I know many here say don't argue just leave. But this is a free country and right is right and wrong is wrong. By giving up our rights to appease others means that they will eventually be taken from us.
A little at a time. I am not talking about rights that are for the good of the country on a short term basis.
Mike

[SC_hunter]

I wouldn't be surprised to find out that this complatent has some pull with the city council....or at least drops names when making the complaint to seem to have more pull than she really has....I would ask the police officer....what law am I breaking....my taxes help maintain this park....If you must ....write a ticket and we will settle this in court.....But that's just me.... Steve

Steve, Just one note on the comment about telling the officers "if you must" write the ticket...My friend, not all city or county officers write tickets for violations other than traffic...and if that the case, there option is taking you to jail until bond can be set....so, if it is a small town or county, the judge might not come in til the next day...so that means a night in jail....makes little difference if you end up winning the case in court..you have already spent one night in jail. I am in no way saying we should give up our rights, but remember, we must pick our fights on OUR terms and not their terms. Again, just get it in writing and there will be no further problems. Good luck

[DFX-SCOTT]

OK , HERE IS MY OPPINION, I LIKE TOO TYPE IN CAPS SO BEAR WITH ME.

FIRST OF ALL FROM WHAT YOU ARE TELLING US, YES YOU ARE RIGHT AND YOU HAVE NOTHING TO PROVE!
SHE IS WRONG AND YOU HAVE ALL THE RIGHTS TO BE THERE.

SECOND, IS THIS SITE WORTH TH LAWYER FEES AND HEAD ACHE,

THIRD, IF THE COPS ASKED YOU TO LEAVE, THEN ITS NOT PROMISING FOR YOU.

AND FROM MY EXPERIENCE IF YOUR GOING TO GO IN TO COURT, ITS NOT ABOUT WHO IS RIGHT AND WRONG,
OR WHAT THE LAW SAYS, ITS ABOUT WHO IS GOING TO PAY THE MOST TO WIN!

MY OPPINION IS FIND A BETTER SPOT AND SUCK IT UP BECAUSE ITS ONLY GOING TO GET UGLY FROM HERE AND YOU DONT NEED THIS CRAP!
i AM ON YOUR SIDE BUT THIS IS THE SAME KIND OF CRAP I DEAL WITH IN LIFE AND ITS BETTER TO JUST LEAVE THIS UN WELCOME SITE ALONE!,

I AM NOT A WIMP OR COWERD, AND NEITHER ARE YOU BUT WHAT ELSE ARE YOU GOING TO DO
THIS LADY IS LOOKING FOR A FIGHT!!! ARE YA GONNA GIVE IT TO HER.
THIS IS A TOUCHY TOPIC AND I HOPE EVERYTHING GOES WELL!

[relichunters]

Ok first off. You should tell the police that you already received permission from the city manager and that this woman was ordered to leave you alone.

Second if they still kick you out, you need to call the police department and set up a meeting with the chief of police. Tell him the problem and that the police refuse to listen to you. He will most likely ask for a signed paper from the city manager. With that your home free.

You can always complain to the ladies boss about her actions, and she will either be ordered to stop, or she will be fired.

If you have a signed paper from the city manager in your pocket, they will escort the lady away, and you will be able to remain there.

[Bridge End Farm]

I think also it can be quickly finished if you just have the City Manager sign a permission slip for you.

And or ask him to call the police chief and let him tell his patrolmen/women that MDing is ok there

[Silver Fox]

Your best bet for future confrontations, 'cause you should not give up detecting as long as you're legally safe, is to get something in writing preferably on official letterhead. Once you have such, make a copy of it and carry the original in a protective plastic sleeve. When and if you are approached by this or any other person that make their own rule, whip out the copy, not the original. If the person says that the copy is not good enough, get the copy back in your hands and hand them the original. If they "capture" your original you at least have the copy which should be legally binding.

If after looking at the official document the person insists on continuiing to "persecute" you, YOU request that she or he call the cops (if they haven't done so or said they would) and show the cops your document. If they have any brains they won't take any action and may ask the instigator to respect your rights.

If the cops do not do this, write down their names from their nametags. If they are not wearing nametags write down their badge numbers. When they see you doing this and react negatively, by now you should have been taping all of this or at least taken photos or asked anyone nearby to be your witness.

Even if you don't want to, be respectful and creative.

Silver Fox

[Tom_in_CA]

Steve is right. If it came down to a battle, the parks dept. person will win. They will simply revoke your permission and invent a rule where none previously existed. This is why I do most of my metal dectecting at night. It's kinda of like picking your nose: as long you are discreet, no one complains or notices.

[Keachie]

Next time take along a video camera and have one person shot while the other person hunts. Explain to the cops that you are shooting a movie and that it is a free speech issue. Since the camera will be rolling as they pull up, you can include them in the scene. Previously you have videoed the lady with a bit of luck. Either or both parties will probably back down when they realize how foolish they would look in court.

Yes, if an officer wants to bust you, there is always some law that can be used to do so, so do follow orders. BTW some states have laws against videoing officers, so careful with this one. The pigs reference orignially came from George Orwell's "Animal Farm" as satire on how the Pigs who originally liberated the farm (Russia) became just as bad as the people they overthrew (the Humans).

[BuckleBoy]

So who told her that she had no authority?  The police?  You?  The Mayor? 

Since she's the parks manager, she could get a law passed--or something on the books.  I think you should cool it--even though there is no law against it...because otherwise there could SOON be a law against MDing there because of You.

Pick your battles VERY carefully here.  I'd go soooo far above her head for the letter that nobody could argue it.  And make sure that you explain your situation very clearly.  Proof-read it and don't let your emotions get out of hand.  Tell whomever you write it to that you would like for someone above her to speak with her--since you're considering a restraining order against her.  Tell them that this would be similar to the parks director calling the police on someone tossing a frisbee or hitting a golf ball in the park--another perfectly legal activity--and tell them that this is your hobby and leisure activity, and you in no way deserve such treatment from a government official.

[jeff of pa]

When you go to the District Justice to File the complaint.
you will probably need proof you were givin permission.
unless they are willing to admit there is no law against detecting.

however They will Probably try & Discourage you from Filing
against her, because of her position. and Maybe just sending here a warning First.

Either Way, she will Probably try to push a Law through
if she can't Confront you & the police start ignoring her
complaints to them.

However IF hunting this park is this important to you,
By all means Go to the District office & see what you can do.