Honest Samuel
Banned
- Sep 23, 2015
- 8,814
- 4,969
- Detector(s) used
- Minelab
- Primary Interest:
- All Treasure Hunting
Unless there are signs anywhere, I go detecting. I am never coming out of retirement and get jobs. Good hunting and good luck.
are school yards private property
- Thread starter 350firefighter
- Start date
- Status
bmacd88
Greenie
- Aug 8, 2016
- 19
- 19
- Detector(s) used
-
BH Quick Draw 2
Cen-Tech Pinpointer
- Primary Interest:
- Metal Detecting
DetectRights. Here in CA "No Trespassing" is not subjective. If there is a posted sign and someone asks you to leave and you don't, by law, you can be placed under private persons arrest. I've had to make that arrest multiple times in the last 20 years. Never for metal detecting though. Will it go to court? Probably not. I don't see a DA wasting his time and tax payers money on a metal detecting no trespassing arrest. But, is spending a few hours in jail and everything else that comes with it really worth it?
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- Jul 27, 2006
- 48,483
- 54,954
- Detector(s) used
- Minelab_Equinox_ 800 Minelab_CTX-3030 Minelab_Excal_1000 Minelab_Sovereign_GT Minelab_Safari Minelab_ETrac Whites_Beach_Hunter_ID Fisher_1235_X
- Primary Interest:
- All Treasure Hunting
DetectRights can't reply, he is already banned under several names.
January 20, 2017 A New Beginning!
January 20, 2017 A New Beginning!
bmacd88
Greenie
- Aug 8, 2016
- 19
- 19
- Detector(s) used
-
BH Quick Draw 2
Cen-Tech Pinpointer
- Primary Interest:
- Metal Detecting
Lol. Thx for the heads up. Makes sense cause I could not find his reply to my original post from a few weeks ago. Wonder if that was the reason for banning....
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- Jul 27, 2006
- 48,483
- 54,954
- Detector(s) used
- Minelab_Equinox_ 800 Minelab_CTX-3030 Minelab_Excal_1000 Minelab_Sovereign_GT Minelab_Safari Minelab_ETrac Whites_Beach_Hunter_ID Fisher_1235_X
- Primary Interest:
- All Treasure Hunting
He is banned under multiple names for refusing to follow rules.
January 20, 2017 A New Beginning!
January 20, 2017 A New Beginning!
- Jul 27, 2006
- 48,483
- 54,954
- Detector(s) used
- Minelab_Equinox_ 800 Minelab_CTX-3030 Minelab_Excal_1000 Minelab_Sovereign_GT Minelab_Safari Minelab_ETrac Whites_Beach_Hunter_ID Fisher_1235_X
- Primary Interest:
- All Treasure Hunting
SeabeeRon
Bronze Member
- Aug 5, 2007
- 2,076
- 2,052
- Detector(s) used
- ML Sov GT; Whites MXT & Surf PI Pro
- Primary Interest:
- All Treasure Hunting
Thanks TH! I thought something smelled fishy and familiar about that guy!
Tom_in_CA
Gold Member
- Mar 23, 2007
- 13,837
- 10,360
- 🥇 Banner finds
- 2
- Detector(s) used
- Explorer II, Compass 77b, Tesoro shadow X2
I think I know who this is 
Sure, maybe persons "shouldn't worry about no trespassing signs at schools" . If we can rationalize that they're nothing more than obligatory to keep perverts out, and lawsuits over banana peels. But that's far different than trying to persuade people that they still don't actually mean "no trespassing". See the distinction ?
Here's an example: if the speed limit is 55, then ALL OF US can probably rationalize that you'd be hard-pressed to get a ticket for going 56. But that is NOT to say that the speed limit isn't still 55. (or spitting on sidewalks laws, etc....). But that's far different from saying that the "speed limit isn't 55" etc.....
Sure, maybe persons "shouldn't worry about no trespassing signs at schools" . If we can rationalize that they're nothing more than obligatory to keep perverts out, and lawsuits over banana peels. But that's far different than trying to persuade people that they still don't actually mean "no trespassing". See the distinction ?
Here's an example: if the speed limit is 55, then ALL OF US can probably rationalize that you'd be hard-pressed to get a ticket for going 56. But that is NOT to say that the speed limit isn't still 55. (or spitting on sidewalks laws, etc....). But that's far different from saying that the "speed limit isn't 55" etc.....
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Tom_in_CA
Gold Member
- Mar 23, 2007
- 13,837
- 10,360
- 🥇 Banner finds
- 2
- Detector(s) used
- Explorer II, Compass 77b, Tesoro shadow X2
And upon "confronting you" guess what said authority would "cite" as their proper warning ? The sign. Hence it meant what it said.
Yes I agree that you (or the jogger or the person walking their dog or the person shooting hoops) will be HARD PRESSED to get anything more than a scram. But again, this is different than saying you're not trespassing till told that you are. The sign-alone constitutes "being told". I agree that school yards are hunted (and people jog and fly kites there etc...). And sure, all of us are low-down-rotten "trespassers". Just admit it !
Yes I agree that you (or the jogger or the person walking their dog or the person shooting hoops) will be HARD PRESSED to get anything more than a scram. But again, this is different than saying you're not trespassing till told that you are. The sign-alone constitutes "being told". I agree that school yards are hunted (and people jog and fly kites there etc...). And sure, all of us are low-down-rotten "trespassers". Just admit it !
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bmacd88
Greenie
- Aug 8, 2016
- 19
- 19
- Detector(s) used
-
BH Quick Draw 2
Cen-Tech Pinpointer
- Primary Interest:
- Metal Detecting
In some states, criminal trespass is being on the property when the property is clearly posted with no trespassing signs that can be reasonably seen. So yes, there are places where the sign alone constitutes being told.
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bmacd88
Greenie
- Aug 8, 2016
- 19
- 19
- Detector(s) used
-
BH Quick Draw 2
Cen-Tech Pinpointer
- Primary Interest:
- Metal Detecting
There are several subsections of CA penal code 602 under which you could be arrested. Maryland Criminal Law Code Ann. § 6-402(a)(1)) states you are trespassing merely if there is a sign posted. I'm not gonna google every state for you. I don't see a MD getting arrested, but it CAN happen. Will it go to court? Probably not. But again, why go through the hassle of spending a few hours in jail?
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bmacd88
Greenie
- Aug 8, 2016
- 19
- 19
- Detector(s) used
-
BH Quick Draw 2
Cen-Tech Pinpointer
- Primary Interest:
- Metal Detecting
What are you talking about? You said that a no trespassing sign does not mean you are automatically trespassing. I posted the Maryland law that says it is....
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foiler
Sr. Member
- Mar 17, 2013
- 395
- 389
- Detector(s) used
- Fisher, Wilson-Neuman, Whites, Minelab, Tesoro and others I've long since forgotten
- Primary Interest:
- Metal Detecting
Government entities must post property restrictions at entrances and boundaries of all government held land. Restrictions of use from No Trespass to No Swimming must be posted by law so says the Supreme Court on 7 separate case brought before them. If no such posting you cannot be held liable they can only ask you to leave. There is also a 'phantom law' case law which holds liable government employees citing non existent laws denies use, goods or services to the public.
bmacd88
Greenie
- Aug 8, 2016
- 19
- 19
- Detector(s) used
-
BH Quick Draw 2
Cen-Tech Pinpointer
- Primary Interest:
- Metal Detecting
§6–402.
(a) A person may not enter or trespass on property that is posted conspicuously against trespass by:
(1) signs placed where they reasonably may be seen
The exact words....please tell me how that does not say you can't trespass against posted signs...
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(a) A person may not enter or trespass on property that is posted conspicuously against trespass by:
(1) signs placed where they reasonably may be seen
The exact words....please tell me how that does not say you can't trespass against posted signs...
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Tom_in_CA
Gold Member
- Mar 23, 2007
- 13,837
- 10,360
- 🥇 Banner finds
- 2
- Detector(s) used
- Explorer II, Compass 77b, Tesoro shadow X2
It is possible to "trespass" on "public" land. Example: If you gain access to the "public" library, through the window, after it is closed for the night, you have "trespassed". Another example = the governor's office when he's having private session meetings. So , yes, a "sign" (or closed doors or fences, etc...) do indeed constitute "being told".
That's not to say I wouldn't hit public school yards despite signs btw. But for different reasons than you are trying to advance here.
bmacd88
Greenie
- Aug 8, 2016
- 19
- 19
- Detector(s) used
-
BH Quick Draw 2
Cen-Tech Pinpointer
- Primary Interest:
- Metal Detecting
Well I for one am going to leave it at that. I spend the better part of my day listening to people tell me they know the law better than me. Not gonna do it on my off time. I'm ok with people like detect rights trying to find loopholes or just straight out break the law. It's job security for me....
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- Jul 27, 2006
- 48,483
- 54,954
- Detector(s) used
- Minelab_Equinox_ 800 Minelab_CTX-3030 Minelab_Excal_1000 Minelab_Sovereign_GT Minelab_Safari Minelab_ETrac Whites_Beach_Hunter_ID Fisher_1235_X
- Primary Interest:
- All Treasure Hunting
Digrights also known as kemper has been banned from every detecting forum out there as well as several non detecting forums for refusing to follow forum rules. It's always "the mods fault too".
Thank you for your service bmacd.....
January 20, 2017 A New Beginning!
- Status
