CHIEF OF POLICE SAYS MDING IS ILLEGAL IN SO CAL!!!! (HB)

[capndan151]

I need everyone's help to fight this. Please contact Huntington Beach Mayor's office and let them know how you feel about metal detecting being criminalized. This is OUR hobby and we need to stand together to show them we are not going away. I received a ticket for vandalism on Sunday and have a video showing the cop's tire track burnout across 100 yards of the field he says I vandalized!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! He could not identify a single plug I had dug but wrote the ticket anyway!!!!!!!!!!!!!!!!!!!!!!!!See NEED HELP please read in Today's Finds Thanks Daniel


Please take the time to fight for our freedom to enjoy this great hobby!!!

 

[SeaninNH]

Fight that ticket!

Take pictures of the "vandalism" and his tire tracks. Then tell the judge that HE is the one that vandalized the property. You were enjoying a perfectly legal hobby in a public field.

 

[Monty]

I don't know enough about what happened to give an opinion but here are some things you might consider. Is there a specific statute or ordinance that forbids metal detecting? Did you check before you started digging? Have you received the go ahead from some offical in the past? What other types of activities are permitted on the property that might have damaged the surface or left evidence of being destructive or more destructive than metal detecting, even animals such as squirrels or gophers? Did you check your citation at the library and see how vague the ordinance cited may be? Were there any witnesses? Have you metal detected there before and have been seen by Officers and nothing was done? Do you know of anyone else that has got permission to metal detect there? Did you take pictures of the field to show there was no damage done by you? Did anyone complain on you and if so, who? I have been to court on the other side of the coin and all the things I listed are good reasons or might uncover good reasons to dismiss the citation. You also need to talk to your elected official(s) who is resopnsible for the area in which you were detecting to get their attitude on the citation, but be businesslike when you talk to them and control your temper even though you might be upset by what they say. Some cities have legal aid entities that might give you some pointers for free before you go to court. If you go to court, dress well and look as good as you can. Don't try to be a Perry Mason, take notes and be prepared to ask some pertinent questions. I am not an attorney and cannot offer legal advice. Monty

 

[Ray S ECenFL]

The definition of vandalism is:

Willful or malicious destruction of public or private property.

If you did not destroy the property and you can prove by pictures or witness, then you have a good chance of beating the ticket.

You should check to be sure there is not some ordinance that you may have violated. Do your research before you go to court.

You should take pictures of the burn out mark left by the police and present that in court and mention that the police officer did more damage to the field than you did. A picture is worth a thousand words.

Good luck on your ticket. If there is an ordinance, you may be able to go before the county/town commissioners and have it changed.

Hope all works out for you.

 

[smallstuff]

A lot of times officers give out tickets and expect the people to pay them and never go to court. If you take this to court I will bet you the cop does not show up. If he does show up he will not have a leg to stand on. The only reason that MD'ing would be illegal is if it is on private or historically protected property. If this was public land and you fill your plugs, you did nothing wrong.

 

[SeaninNH]

I agree 100%. I would fight this with a smile. The judge won't be happy that a police officer is wasting his/her time with someone that is enjoying a harmless hobby while cleaning trash from a PUBLIC park that is paid for by the tax payers.

Make sure you bring picture of you digging a plug (in your yard) and replacing the plug with the results.

Also make sure you show pictures of the officers tire tracks and how HE was the one that vandalized the ground JUST to come harass you. He could have walked over, but he had absolutely ZERO regard for the land he was claiming you were hurting and wanted to play the "authority figure".

PLEASE FIGHT THIS TICKET!

 

[Nugget Hunter Smith]

MAYBE Hunnington Beach is off limits to MDing but not entire So. CAL. Like others have said you need to research the citation and see if it is truly illegal to detect on the beach.
You might also contact the Federation of Metal Detector and Archaeological Clubs (FMDAC) and see if they can help.
Digging a small hole and refilling it does not constitute vandalism or willful destruction. Or the people that build sand castles would also be in violation.
Fight this!

 

[rginn]

It sounds like they don't have an ordinance against metal detecting so they used vandalism to nail you. Have they had problems with irresponible detectorists in the area before? If so, they decided to make an example out of you since they didn't catch the vandals. By all means go to court. Monty's been in court a lot like me too I think (In a good way, folks) and I can't add to his advice.

 

[aa battery]

if its not posted

 

[crazyjarhead]

Illegal HAHAHAHAHAHAHA. Like the LAPD and other Law officials in such a populated area as Southern California have nothing better to do with our tax dollars. They should put this on the world news or CNN to make an ass out of themselves. Like it's OK for one rookie, biased rent-a cop to attack a harmless person enjoying an outdoor's hobby!!! Isn't there something else he could find better to do? , like Gangs, drugs and speeder's to start? I'm with you 110%

 

[Bum Luck]

Archie clubs are a waste of time - they hate us and call us grave robbers.

Your best bet is to take your story to the Huntington Beach City Council. Here's their web page.

http://www.ci.huntington-beach.ca.us/government/elected_officials/city_council/

I have to emphasize that all you need is one sympathetic official to get some action. They may not even be on the city council, but on the parks commission or whoever has the beaches.

I might add, this is the time to play your card that you've been volunteering on this or that community service issue or project or your relationship with your city councilman. If you don't have this, you realize how nice it would be to have now.

Don't hold out a lot of hope that the judge (or maybe a JP) will be sympathetic. They may just generate ticket revenue from the municipal courts, bad luck for you.

Good luck!

 

[Saturna]

Typical useless cop. Going after what's easy, rather than what's important.

 

[White Feather]

I think I would find out who is in charge of the area you were in and go get permission to detect that specific area before you have to go to court. If you show up and show that it not only is permitted but that you even went back again the judge will have no choice but to throw it out.

I did something like that once with a speeding ticket. A sign had been stolen,?, and when I went to court I went by the site on the way to court and took another picture. The courtroom was crowed with people fighting this same cop for speeding through the same area. The speed dropped from 45 to 20 and no sign was there. The judge sent the bailiff out to be sure I hadn't fabricated the picture. When he returned the judge threw 23 cases out.

Do your homework and get it in writing. It is not against the law if you can get permission today. If it's legal today it was legal last month!

 

[LM]

This is precisely why we have a court system.
Make use of it. If there isn't an ordnance against what you were doing and this cop made some bullsht case on some lame pretext, stand him before a judge. Even money he doesn't even show up for the case.