I'm Pissed!!!

[28138digger]

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!!!

[JW15]

That pisses me off just hearing it!!! If the cops are sick and tired of going out there then common sense would dictate to put up a no trespassing sign! Just to be safe, I would talk to an attorney if I were you and see what your options are. As far as talking to the law is concerned,be cool,polite and intelligent and educate yourself as much as possible on the law you allegedly broke. Good luck with all of this NONSENSE!!! This is a general law in MA, see if your state has this or something similar~

Chapter 265 Section 37. No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with, or oppress or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him by the constitution or laws of the commonwealth or by the constitution or laws of the United States. Any person convicted of violating this provision shall be fined not more than one thousand dollars or imprisoned not more than one year or both; and if bodily injury results, shall be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than ten years, or both.

[DirtSurgeon]

That really sucks dude. Sorry to hear that happenned to you. The first think I would do is to go there and take a lot of pictures of the area BEFORE they put up any signs to prove your case. I would hope at least you will get your detector back. Good Luck

DS

[Dman]

Sounds like you were on RR property without permission. If you fell and got hurt on their property who would be responsible? Don't ever assume it is OK to detect just because there isn't a, "No Trespassing", sign on the property.

[lostcauses]

Sorry to here this.

What you will now encounter is "Ignorance is no excuse to break the law. "

good luck.
I hope they let you have your detector back.

[jeff of pa]

I'm Sorry to tell you
all railroad property is Private Property
no trespassing.

Including Crossing it in your car at a Road or driveway.

yes they allow it where necessary But it Protects
them from Law suits.

Unless you have a very good lawyer
Expierenced in constitutional Law,
I'm afraid your out of Luck.

Hopefully they won't use it for an
Excuse to steal your detector.

[diggummup]

How close were you to the RR tracks? I'm with you and I know it sucks, but legally (posted or not) the R.R. owns the land on either side of the track, somewhere between 25-50 feet depending on where your at. It's a class 4 misdemeanor for the 1st offense. If you were further than that, then I would consult an attorney. You said it was a Norfolk Southern Cop, I don't think he would be out there at that particular spot if someone hadn't notified them of others tresspassing there recently, unfortunately you happened to be the one there, at the wrong time.

[lostcauses]

I would also advise you to find out if it is a historical or archeological site. So far trespassing seems to be what they are going with. It could get worse if it is a historical or archeological site.

[jeff of pa]

If it were me, first thing I'd do
is go to the district Justice where
you pay the fine.

then I would ask IF I Plead guilty
& Pay the fine, do I get my detector back ?
(No need for evidence then)

If they say Yes, I'd pay it.

If they say no, Then I'd get a lawyer.

Unless you Figure the fine & lawyer is more then
your detector is worth of course.

which they may Bank on

[Eddie Lomax]

Railroad tracks are a no-no. My friend's 10 year old was arrested for walking on the tracks behind his house belonging to Southern Railway and was dragged thru family court and had to pay a $2800 fine.

[lennon631]

"He said he was sick and tired of having to come to the bridge for people metal detecting.. He had better things to do.." ummmmmmmm, apparently not!

[dirty digger dude]

So if you pushing a baby carridge while tresspassing would they confiscate the carridge as evidence. What about your wallet, can they take that too? I bet that wedding ring is evidence too - cough it up. Sounds like theft to me. Sue the SOBs.

[Chug And Red]

Some one called them Probably because of all of the thefts of Metal, Good thing your vehicle If you drove Up in one was not Identified our they Would have taken that Also!!!!! Good luck on getting your detector Back Jeff is Giving you good advise!!!!


My self I would go in and Have a fit Cry like a baby!! With real tears to Get Mine Back Chug!!!!

[28138digger]

Thanks to all who replied!! I went back and took pictures! No signs! There is alot of construction going on for the new I 85 bridge. I will call the courthouse in he AM to find out what I can do to resolve this asap.. Thanks for the support!!

[truckinbutch]

It is incumbent on any individual to secure written permission from the landowner to enter any property beyond a public right of way that is not owned by themselves .
Ya screwed up , dude . Unfortunately , railroad companies push this to the max . Courts generally
uphold their complaint .

[mrs.oroblanco]

Well, that sucks the big one.

I, too, would check with a lawyer.

Got a couple of questions, though - are their actually tracks that are used?

It's an important question - because there is a Federal deal about "rails to trails", which affects any railroad lines that are no longer used for trains.


Either way, check with a lawyer.

Beth

[poorhunter78]

Wow! So a guy jus walkin the tracks could be fined and/or arrested? I have walked the tracks at harpers ferry so many times. Even moved off of em while a train passed, Never knew that! I guess we learn by our mistakes, Unfortinately sometimes we don't even know we are making one!

[truckinbutch]

Wow! So a guy jus walkin the tracks could be fined and/or arrested? I have walked the tracks at harpers ferry so many times. Even moved off of em while a train passed, Never knew that! I guess we learn by our mistakes, Unfortinately sometimes we don't even know we are making one!

Ya got some freebies , Ben . RR will prosecute to the max just as a matter of principle .

[poorhunter78]

I can't count the number of times I walked them. Packin stringer loads of catfish. Hope lots read this. Hope it works out for the best for Dman.

[NaturalJWL]

I would also advise you to find out if it is a historical or archeological site. So far trespassing seems to be what they are going with. It could get worse if it is a historical or archeological site.

This is a real good possibility.

There was a fort on one side of the bridge and a little altercation with some of Stoneman's Raiders.

You might want to take a better look around for signs.

I have no idea if it is posted or not, but in all likelyhood it is.