Tom_in_CA said:
The issue with that fellow (who was in an uposted public park or turf of some sort) was "digging" (ie.: damage to the ground), NOT the act of metal detecting itself. Now if, to make this link apply to my question of "tickets and confiscations for detecting on unposted lots", if the question had been one of causing property damage (open holes), then yes, it would apply.
You're throwing around semantics.
Metal detecting presumes digging (unless you just like hearing beeps, then wondering what might be down there without bothering to find out)
The Naperville ordnance in question does not make exception for "digging, but filling your hole". The 'digging' itself is the crime and no matter how neatly you fill your hole, there will be disturbed dirt, killed flora, etc, which to some is considered 'destruction', ergo, the ordnance. This is why he got the ticket. Because he dug... and because he ran into an
--deleted-- cop who apparently didn't have anything better to do (which is no shock in Naperville). Period, end of story.
We all agree that metal detecting a vacant lot is a pretty low risk thing, but I can tell you this... I own a few vacant land properties and if I saw someone trespassing on them with a MD and digging holes without my permission, I would call the police and swear out a complaint against them, which is a lot further than I'd go with a regular trespasser. Those things belong to me, not them, and its at my sole prerogative to dig them up or leave them buried.
The fact is, that land isn't yours, nor are the things that may be buried there.
Just because you bought a metal detector does not give you carte blanche to run it over any open space and dig up whatever's there. We all live by our own conscience and there are more or less offensive scenarios here, but at the end of the day, going on to another mans land and digging it up without permission isn't something that's a desirable practice. These are the people who blacken the eye of the whole hobby.
There's plenty out there to find in places where its permitted, without having to resort to going on someones property without permission. I'm actually much more sympathetic to the man who gets in trouble for detecting on public land- paid for with his tax dollars- because of some well-intentioned bureaucratic regulation than I am to the guy who trespasses on private land.