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Eureka!

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There is TONS of FOOD for THOUGHT here on this thread. LIKE...LIKE.....LIKE Ripsaw - ClayDiggens - Tom_of_CA you fellas should get together for a Beer. Let me know if you do and where ahead of time because I'd have tickets printed for admission to the place.
 

Eureka!

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Thread is borderline politics, don't be surprised if it disapoears... American by birth, Patriot by choice. I would rather die standing on my two feet defending our Constitution than live a lifetime on my knees......

Aw come on TreasureHunter don't be a killroy. It's on a thread that concerns Law. Just leave it be. Pretty Please?
 

Tom_in_CA

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Aw come on TreasureHunter don't be a killroy. It's on a thread that concerns Law. Just leave it be. Pretty Please?

Agreed. Don't delete. Great thread. If there *is* any "politics" here, it's distinctly on-topic, and does pertain to detecting.
 

Treasure_Hunter

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Keep politics out of threads It has to pertain to treasure hunting to be allowed...

When you start discussing "the state" it is politics...





American by birth, Patriot by choice.

I would rather die standing on my two feet defending our Constitution than live a lifetime on my knees......
 

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Rick (Nova Scotia)

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I certainly did not read all of RipSaw's original post, no need, and way too much drivel. As it only takes one paragraph to figure he don't know much about anything. Basically saying that a cop isn't or can't be a "witness" in court...is ridiculous. Any third party is not needed if said cop sees evidence of holes, or "catches you in the act". PERIOD.

Where do people come up with this stuff...or are they just seeing what they can stir up ?
 

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Rick (Nova Scotia)

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Treasure Hunter maybe this thread on second thought should be deleted, and OP be banned.

I can see no real reason for such a thread, except for to start something ?

I ask ripsaw in this day and age why is it that someone can be charged, and CONVICTED of murder without a body ? Again suggesting that a cop or DA have nothing to do with anything does strongly suggest that Jason in Enid is right on the money, your an over educated jail-house lawyer, who actually knows little beyond your fantasies and I'd like to paraphrase,but don't want to go to the rude route.

Good luck on your release.
 

Eureka!

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LAW - CONSTITUTIONAL RIGHTS - TIME, PLACE, MANNER

The CONSTITUTION affords us certain NATURAL UNALIENABLE RIGHTS.

I would like to hear from anyone here if they can point to something in any current law with regard to METAL DETECTING that they feel violates any unalienable natural right laid out in our CONSTITUTION. A violation of a Right, which can be challenged in a Court of Law

VIOLATIONS to such things such as FREEDOM OF SPEECH are challenged in Courts of Law and decisions are handed down based on: TIME, PLACE and MANNER.

To understand this (Time - Place - Manner) better:

WE have the right to freedom of speech BUT you can't "falsely shout FIRE in a crowded Theater" when you know there isn't a fire. See: http://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_theater HENCE; TIME , PLACE, MANNER

The ultimate goal of every law that is created should be to pursue happiness and maintain peacefulness and our focus should be on that - What Makes Us Happy? What makes us peaceful?

WE would be happy if we weren't restricted to a TIME, PLACE or MANNER in which we are allow to Metal Detect

WE would be happy if our equipment would not have any chance of being unjustly confiscated.

WE would be happy if we were protected from having to pay hefty FINES for something so petty as digging a hole in the wrong place, in the wrong manner or being in the wrong place at the wrong time.

This Thread was almost deleted because of a TIME, PLACE and MANNER issue. So lets keep it on track - what are we here for? We are here to solve the issues and attitudes towards Metal Detection by LAW MAKERS. We are here to learn what our RIGHTS really are or what they really should be. We are here to learn and challenge. We are here because we believe that our Rights may be restricted in an unlawful manner.

We all have the Right to live our lives in any way we choose, so long as it does not INFRINGE on the rights of others to do the same. It seems to me that Archeologists are infringing on the rights of Metal Detectorists and this is something that needs to be addressed. Am I wrong in believing that most of the Restrictions placed on Metal Detectorists are the result of opinions sought out from Professors of Archeology?

Let's start with defining OUR (the Folks) RIGHTS.......that all men/woman are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are LIFE, LIBERTY, and the pursuit of HAPPINESS.

IN PURSUIT OF HAPPINESS...........

........................Let the games begin!
 

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Ripsaw

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I certainly did not read all of RipSaw's original post, no need, and way too much drivel. As it only takes one paragraph to figure he don't know much about anything. Basically saying that a cop isn't or can't be a "witness" in court...is ridiculous. Any third party is not needed if said cop sees evidence of holes, or "catches you in the act". PERIOD.

Where do people come up with this stuff...or are they just seeing what they can stir up ?

Another ad hominem attack. I told everyone already, I am use to it and it's the way most people act when their mind can't accept the truth. As for the cop when he, as you put it, catches you in the act of MD, he has made a legal determinations that you are breaking the law, committing a "Crime"....and since I don't know much about anything, maybe you should go look up what constitutes a crime in this country, try Blacks Law dictionary, it's the one they use in court against you.

Furthermore, any cop can be impeached and his testimony thrown out for making legal determinations,... he is not qualified to be an expert in the interpretation and application of the laws. If you don't believe this, ask him on the stand when they are prosecuting you for MD somewhere they think you shouldn't be. The prosecutor will jump up screaming objection, the witness is not qualified to testify to that....they will impeach him for you. Move for dismissal, because now they have no witness against you doing anything. An impeached witness' testimony cannot be taken. case closed. but what do I know, I've only done it dozens of times in a real court.

For others here trying to learn how to protect yourself....here's how it works. When you ask him on the stand when they are prosecuting you for MD, if he is qualified to make determinations, or if he is an expert in the interpretation and application of the laws of the state of Texas,..he can only answer yes or no, anything else is non-repsonsive and you should object to that. If he says no, move for dismissal of the case because he just testified that he is not qualified to make determinations. case closed. If he says yes, he is lying under oath, because the only person in the room qualified, under their rules and laws is the JUDGE ! But none of this matters because the prosecutor will object to the question if he is smart, but he isn't smart because when the judge sustains the objection, he has just impeached his own witness against you. The only witness they have. case closed.

In most cases the judge will allow testimony from an impeached cop in the court anyway, to help his buddy the prosecutor out of a pinch here, and railroad you..... in which case he has colluded with the prosecution and sided with them, and has violated your due process to a fair trial, automatic overturn on appeal and sanctions on both of them from the appellate court judges will follow. If the judge allows him to testify and he says he can be an expert, then ask him if .....when you decided I was breaking the laws, was that a determination ? He is hung right there. His decision to arrest and charge you is a "determination of the laws" on his part, and he is not qualified to make determinations because the judge has just ruled he isn't and has taken his testimony anyway......see how crazy it all is ?.....but what do I know ?.....not much of anything I guess.

Treasure Hunter maybe this thread on second thought should be deleted, and OP be banned.

I can see no real reason for such a thread, except for to start something ?

I ask ripsaw in this day and age why is it that someone can be charged, and CONVICTED of murder without a body ? Again suggesting that a cop or DA have nothing to do with anything does strongly suggest that Jason in Enid is right on the money, your an over educated jail-house lawyer, who actually knows little beyond your fantasies and I'd like to paraphrase,but don't want to go to the rude route.

Good luck on your release.

Judge, jury, and executioner ? You must work for the state in some capacity ? Second thought ? wasn't your first thought the same thing ? the same opinion that I know nothing according to you ? I have proof of what I write, do you have proof the cop can be a witness ? Please post it, I already have posted my proof above.

Ban em,... ban em all .....and let's get rid of these clowns that would speak the truth for all to see...is that it ? gee thanks.

Rude ? It's a little late for that don't you think. I have been in court 100's of times helping people to defend themselves from attack. Never been in jail to study law. You guys crack me up with this jailhouse lawyer stuff and spewing opinions about how crappy my character must be, without ever having met me.

As for murder with no corpus delecti...they can't be arrested and convicted....legally. They must have had a lawyer help them get to that point,....... railroaded them along with their buddy the judge and prosecutor. Doesn't matter though, can easily be overturned on appeal and challenging the original jurisdiction. Jurisdiction may be challenged at any time, including after a conviction.

over educated...... fantasies ?.....sorry, wrong on both counts. I never finished high school, and my fantasies as you refer to them,..... have actual proof from court documents. Do you have proof of your assertions here ? Please post them if you do.
 

Eureka!

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Ripsaw, I know a person who wrote Law Study Manuals and I think he'd be intrigued by some of your posts. Don't ever change - there's two sides to every story.
 

wingmaster

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Lets face it though you can be right all you want and still have a judge or 12 not so smart people still convict you, its do what I say not what I do. HH
 

Tom_in_CA

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Lets face it though you can be right all you want and still have a judge or 12 not so smart people still convict you, its do what I say not what I do. HH

Wingmaster, so true. Which is why I take care to never reach the point, where such a "judge" or "12 people" are there to consider the matter. I go out of my way to make sure that no such person who might get their panties in a wad, ever sees me to complain, to begin with. Presto, problem solved.
 

cudamark

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Wingmaster, so true. Which is why I take care to never reach the point, where such a "judge" or "12 people" are there to consider the matter. I go out of my way to make sure that no such person who might get their panties in a wad, ever sees me to complain, to begin with. Presto, problem solved.
More like problem avoided. The problem is still there and periodically someone will step in it. Like you, I try not to be the one.
 

Eureka!

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Lets face it though you can be right all you want and still have a judge or 12 not so smart people still convict you, its do what I say not what I do. HH

Wingmaster, so true. Which is why I take care to never reach the point, where such a "judge" or "12 people" are there to consider the matter. I go out of my way to make sure that no such person who might get their panties in a wad, ever sees me to complain, to begin with. Presto, problem solved.

Tom_in_CA - I somewhat agree (for the moment) that it's easier NOT to fight City Hall by avoiding situations which would cause one to defend an action that turned out to be the wrong action due to a "TIME, PLACE or MANNER RESTRICTION" ("when, where, and how") of a Law with regard to MD'ing.

I say this only because some of the RESTRICTIONS or LIMITATIONS imposed on MD'ing are nothing but a SHAM and according to our CONSTITUTIONAL RIGHTS may not be enforceable at all. It is my quest as over time, to identify the ambiguities (vagueness) in written Laws designed to LIMIT the TIME - PLACE - and MANNER in which MD'ing can be conducted then at some point in life (in 5-10 years from now), I plan on possibly pulling a "Rambo" that'll effect changes by reducing the limits on Places one can search for "undiscovered underground objects" (UUO's), getting rid of the Time restrictions of when one can recover UUO's, and bring some uniformity to the "Manner" prescribed by Law in recovering UUO's("the means or equipment used by one to recover UUO's") or any unjust limitations set on MD'ers at the present.

We all should pay attention to the RESTRICTIONS in LAWS with regard to MD'ing. They are not in line with our PURSUIT OF HAPPINESS. Why should it even be a question in any MD'ers mind of whether or not is is RIGHT or WRONG to visit any site with armed with metal detector? What caused the stigmas placed on Metal Detecting? We should enjoy our pastime and work on changes beneficial to the MD'ing community.

HOW CAN THIS BE DONE?
How can you eat an Elephant? answer: ONE BITE AT A TIME......
 

Eureka!

Full Member
Mar 11, 2014
159
79
Northeast Coast USA
Detector(s) used
Garrett AT PRO 5x8 Coil - VULCAN 360 Pinpointer -Lesche Shovel
Primary Interest:
Metal Detecting
Lets face it though you can be right all you want and still have a judge or 12 not so smart people still convict you, its do what I say not what I do. HH

Wingmaster, so true. Which is why I take care to never reach the point, where such a "judge" or "12 people" are there to consider the matter. I go out of my way to make sure that no such person who might get their panties in a wad, ever sees me to complain, to begin with. Presto, problem solved.

Tom_in_CA - I somewhat agree (for the moment) that it's easier NOT to fight City Hall by avoiding situations which would cause one to defend an action that turned out to be the wrong action due to a "TIME, PLACE or MANNER RESTRICTION" ("when, where, and how") of a Law with regard to MD'ing.

I say this only because some of the RESTRICTIONS or LIMITATIONS imposed on MD'ing are nothing but a SHAM and according to our CONSTITUTIONAL RIGHTS may not be enforceable at all. It is my quest as over time, to identify the ambiguities (vagueness) in written Laws designed to LIMIT the TIME - PLACE - and MANNER in which MD'ing can be conducted then at some point in life (in 5-10 years from now), I plan on possibly pulling a "Rambo" that'll effect changes by reducing the limits on Places one can search for "undiscovered underground objects" (UUO's), getting rid of the Time restrictions of when one can recover UUO's, and bring some uniformity to the "Manner" prescribed by Law in recovering UUO's("the means or equipment used by one to recover UUO's") or any unjust limitations set on MD'ers at the present.

We all should pay attention to the RESTRICTIONS in LAWS with regard to MD'ing. They are not in line with our PURSUIT OF HAPPINESS. Why should it even be a question in any MD'ers mind of whether or not is is RIGHT or WRONG to visit any site armed with a metal detector? What caused the stigmas placed on Metal Detecting? We should enjoy our pastime and work on changes beneficial to the MD'ing community.

HOW CAN THIS BE DONE?
How can you eat an Elephant? answer: ONE BITE AT A TIME......
 

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Treasure_Hunter

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I personally have no desire to see metal detectors in any national parks or national battlegrounds...... I have no problem with it in national recreational areas or national forests.






American by birth, Patriot by choice.

I would rather die standing on my two feet defending our Constitution than live a lifetime on my knees......
 

Eureka!

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159
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Garrett AT PRO 5x8 Coil - VULCAN 360 Pinpointer -Lesche Shovel
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I personally have no desire to see metal detectors in any national parks or national battlegrounds...... I have no problem with it in national recreational areas or national forests.

American by birth, Patriot by choice.

I would rather die standing on my two feet defending our Constitution than live a lifetime on my knees......

I'm with you. Here in the Northeast there are plenty of private properties and public places (not designated) that were overrun with soldiers fighting the Revolutionary War (Oct. 1776) un Geo. Washington.

I've done my research and planned on MD'ing those area's but I feel that one still has to wonder if there will be a violation of some sort by doing so or and obscure law that was over looked. This bothers me.

-SO-



I'm with you TreasurHunter. Here in the Northeast there are plenty of private properties and public places (not designated) that were overrun with soldiers fighting the Revolutionary War (Oct. 1776) un Geo. Washington.

I've done my research and planned on MD'ing those area's but I feel that one still has to wonder if there will be a violation of some sort by doing so or if there may be an obscure law that was over looked. This bothers me.

Here is a premise of my position on LAWS with regard to MD'ING

I somewhat agree (for the moment) that it's easier NOT to fight City Hall by avoiding situations which would cause one to defend an action that turned out to be the wrong action due to a "TIME, PLACE or MANNER RESTRICTION" ("when, where, and how") of a Law with regard to MD'ing.

I say this only because some of the RESTRICTIONS or LIMITATIONS imposed on MD'ing are nothing but a SHAM and according to our CONSTITUTIONAL RIGHTS may not be enforceable at all.

It is my quest over time, to identify the ambiguities (vagueness) in written Laws designed to LIMIT the TIME - PLACE - and MANNER in which MD'ing can be conducted then at some point in life (in 5-10 years from now), I plan on possibly pulling a "Rambo" that'll effect changes by reducing the limits on Places one can search for "undiscovered underground objects" (UUO's), getting rid of the Time restrictions of when one can recover UUO's, and bring some uniformity to the "Manner" prescribed by Law in recovering UUO's("the means or equipment used by one to recover UUO's") or any unjust limitations set on MD'ers at the present.

We all should pay attention to the RESTRICTIONS in LAWS with regard to MD'ing. They are not in line with our PURSUIT OF HAPPINESS.

Why should it even be a question in any MD'ers mind of whether or not is is RIGHT or WRONG to visit any site armed with a metal detector? What caused the stigmas placed on Metal Detecting? We should enjoy our pastime and work on changes beneficial to the MD'ing community.

HOW CAN THIS BE DONE?
How can you eat an Elephant? answer: ONE BITE AT A TIME......
 

Eureka!

Full Member
Mar 11, 2014
159
79
Northeast Coast USA
Detector(s) used
Garrett AT PRO 5x8 Coil - VULCAN 360 Pinpointer -Lesche Shovel
Primary Interest:
Metal Detecting
I personally have no desire to see metal detectors in any national parks or national battlegrounds...... I have no problem with it in national recreational areas or national forests.

American by birth, Patriot by choice.

I would rather die standing on my two feet defending our Constitution than live a lifetime on my knees......

I'm with you. Here in the Northeast there are plenty of private properties and public places (not designated) that were overrun with soldiers fighting the Revolutionary War (Oct. 1776) un Geo. Washington.

I've done my research and planned on MD'ing those area's but I feel that one still has to wonder if there will be a violation of some sort by doing so or and obscure law that was over looked. This bothers me.

-SO-




Here is a premise of my position on LAWS with regard to MD'ING

I somewhat agree (for the moment) that it's easier NOT to fight City Hall by avoiding situations which would cause one to defend an action that turned out to be the wrong action due to a "TIME, PLACE or MANNER RESTRICTION" ("when, where, and how") of a Law with regard to MD'ing.

I say this only because some of the RESTRICTIONS or LIMITATIONS imposed on MD'ing are nothing but a SHAM and according to our CONSTITUTIONAL RIGHTS may not be enforceable at all.

It is my quest over time, to identify the ambiguities (vagueness) in written Laws designed to LIMIT the TIME - PLACE - and MANNER in which MD'ing can be conducted then at some point in life (in 5-10 years from now), I plan on possibly pulling a "Rambo" that'll effect changes by reducing the limits on Places one can search for "undiscovered underground objects" (UUO's), getting rid of the Time restrictions of when one can recover UUO's, and bring some uniformity to the "Manner" prescribed by Law in recovering UUO's("the means or equipment used by one to recover UUO's") or any unjust limitations set on MD'ers at the present.

We all should pay attention to the RESTRICTIONS in LAWS with regard to MD'ing. They are not in line with our PURSUIT OF HAPPINESS.

Why should it even be a question in any MD'ers mind of whether or not is is RIGHT or WRONG to visit any site armed with a metal detector? What caused the stigmas placed on Metal Detecting? We should enjoy our pastime and work on changes beneficial to the MD'ing community.

HOW CAN THIS BE DONE?
How can you eat an Elephant? answer: ONE BITE AT A TIME......
 

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