I'm back, but still pissed.

[RealJeep]

Q: "How are we all detecting on public land (and yes, digging up our targets) and it's apparently a total non-issue ? What's going on ?"

A: In my National Forest (Beaverhead-Deerlodge NF) in Montana, there were 3 LEO's for 3 million acres of forest and 2 Forest Protection Officers. That's how. The chances of you getting caught are almost zero. When I saw people out with their metal detectors, I just told them to not leave big holes. National Forest rules fall under a completely different "Code of federal regulations" (CFR's) than National Parks.

 

[Tom_in_CA]

.... there were 3 LEO's for 3 million acres of forest and 2 Forest Protection Officers. That's how. The chances of you getting caught are almost zero. ....

I can't speak *exactly* for those "3 LEOs" ^ ^, but I can say that at other places (which is every speck of public land), that : Even when LEOs or city personnel, etc.... DO see us md'ing, that : They don't care. You and I probably don't even register on their minds (unless we were being a nuisance and leaving holes or something). So then, it's not even really a matter of "not getting caught". It's a matter of "No one really cares" . Despite the boiler plate catch-all minutia.

So when I see people cite the "dig" language on our forums (as if that prohibits our hobby ) I say : Sometimes you have to read between the lines. Yet it continues to come up, whenever the question of legalities is floated, as if it somehow forbids us.

Because if we were to take that to necessarily mean : "No detecting", then you can kiss every single park, school, forest, beach, desert, etc.... goodbye.

 

[chillforlife]

Still wondering how this turned out?

 

[Xxray]

Maybe he got unpissed ?

 

[hoser]

Maybe he got unpissed ?

Remember the old saying Xxray; It's better to be pissed off, than pissed on.

 

[stetam]

I'm calling BS on this story..

Steve

 

[Martin_V3i]

I can't speak *exactly* for those "3 LEOs" ^ ^, but I can say that at other places (which is every speck of public land), that : Even when LEOs or city personnel, etc.... DO see us md'ing, that : They don't care. You and I probably don't even register on their minds (unless we were being a nuisance and leaving holes or something). So then, it's not even really a matter of "not getting caught". It's a matter of "No one really cares" . Despite the boiler plate catch-all minutia.

So when I see people cite the "dig" language on our forums (as if that prohibits our hobby ) I say : Sometimes you have to read between the lines. Yet it continues to come up, whenever the question of legalities is floated, as if it somehow forbids us.

Because if we were to take that to necessarily mean : "No detecting", then you can kiss every single park, school, forest, beach, desert, etc.... goodbye.

Cops have to care if some busy body calls about someone digging in the public ground. Until someone calls, I agree, nobody cares.

I will say this though, a state park ranger gets my respect here in Texas. I stay out of of all Texas state parks and our COE lake parks. The word confiscation has been in their verbiage, unless a permit is gotten. I never actually knew of anyone getting one taken, and certainly nobody fined. The OPs story is harsh, if not actual illegal theft.

 

[Cfmct]

He was here Saturday.... why he hasn't responded, no clue.... He isn't in jail

 

[Tom_in_CA]

Cops have to care if some busy body calls about someone ...

You bring up a good point. A lot of times, when someone posts a "scram" of some sort, it is NOT that the cop or ranger etc.... ever "cared". It was merely because some lookie-lou called it in. And now the authority figure has to justify his call out, and "please Miss Jones"

For example, one time I got a "scram" from a cop at a San Francisco turfed park (and there's no muni code that says "no md'ing"). But , you know the song & dance was "holes". But after a minute of casual conversation with the cop, he confided in me that the ONLY reason he was there, was because there was a certain lady's upstairs apartment window across the street from where I was, who thinks it is her job to be "park monitor". So this lady was constantly calling in anytime she thinks anything is amiss in the park.

So the cop told me, with a wink-wink, to simply go to the other side of the park, outside of her view range.

^ ^ Point being ^ ^ that if I hadn't engaged the cop in further conversation, I wouldn't have known this detail. Too many people just tuck their tail between their legs, and assume that the mere action of a "scram" means: "Not allowed". When in fact, it is often time just flukes, or some busy-body who thinks you're harming the earthworms, etc.... So : You give lip service, and merely come back later when singular said lookie-lou isn't around. Presto: Problem solved

 

[hoser]

For example, one time I got a "scram" from a cop at a San Francisco turfed park (and there's no muni code that says "no md'ing

AHHH you are talking about the invisible dagger theory right. I had the same issue several years ago at one of our state parks. If you look at the park map for where detecting is allowed it encompasses the entire campgrounds, day use boat ramp area and outlying forest as well. Wife and I was detecting the campground area BEFORE the formal camping season was started. All of a sudden, a ranger came over and wasn't very pleasant at all and told us to leave or get ticketed. I did try to inform him of the park map, but he was right, and I was totally wrong. Next day I went to the park office and told the head ranger what happened and who had confronted me. He was called in the office, showed the map and was told; these people were definitely within their rights. I saw him a few times after that and if looks could kill ya'll are talking to a dead man. Tom is right, if you know you are in the right, diplomatically state your case.

 

[Xxray]

Remember the old saying Xxray; It's better to be pissed off, than pissed on.

thats a good one, many moons under my belt [not literally], don't think I have heard that one - Sounds like something old Honest Abe would have said !

 

[SirFrancesDrake]

Doesn’t seem like there’s much I can do. When I called the court to see about getting my gear back they said they have no record of confiscating any equipment from me. They advised me to consult an attorney. An attorney will cost me more than the equipment I am trying to get back. It’s a US government sponsored scam. Also, the dude that took my gear didn’t give me a receipt or anything so I have no proof anything was taken from me. There’s no mention of it on the citation. Apparently they have no way to track down any info since the citations were never entered into the system. Seems a bit odd to me but they refuse to say much more than “consult an attorney”.

Geez this sucks - I've been getting kicked out of a lot of parks lately too and its getting really annoying - but these are county parks.

 

[chillforlife]

We're still waiting for the whole story from the OP.

 

[backwater]

"Doesn’t seem like there’s much I can do. When I called the court to see about getting my gear back they said they have no record of confiscating any equipment from me." I'd be pissed enough to report it as a robbery scam to local sheriff and let them try to get answers. Could you imagine a lineup of fed park narks got to be a pic of them all he could go through

 

[SeabeeRon]

We're still waiting for the whole story from the OP.

The OP last posted on Jan 30th and was last on the forum on Mar 4th.
Hoping he returns to give us an update.

 

[chillforlife]

The OP last posted on Jan 30th and was last on the forum on Mar 4th.
Hoping he returns to give us an update.

I guess we're still waiting.

 

[RealJeep]

Still a major BS story. No federal LEO will lose his job over some stupid metal detector. There are rules we were required to follow when confiscating things and those rules were cast in stone! To get your confiscated items back, you went to the district office, paid your fine and got your stuff back. I would routinely confiscate fireworks in the national forest for obvious reasons. Few people bothered to come get them back.

 

[GroundHogg]

So, I have been away from the forum for a while. My brother, who lives in Atlanta Country Club Estates, took me to detect a new spot where he frequently rides his mountain bike. This place is not far from his house and he goes there several times per week. I have never been there but I did look it up on Google Maps and it's a really big wooded area. It's a wooded area with bike trials all throughout. I wasn't planning on doing much detecting. I just wanted to see the area and would plan to come back when I could spend the day there. Anyway, after about an hour, we started to leave and he said there was a better way out which was a short trek through the woods to a dirt road that would lead back to where we were parked. Once we got on the road and were walking back towards the car, we were approached by a Park Ranger. Yep, it turns out this area was NPA land and they do not allow detecting. Google Maps did not list this as NPA land. I know better and would not have gone there if I knew that. Actually, it's not NPA land, it's just managed by the NPA. I did a web search and found it listed as NRA land and the website said it was open to everyone for recreational use. There was no mention of Metal Detecting being forbidden. I guess my brother knew it was NPA/NRA land but he didn't now detecting was not allowed and he has never seen a park Ranger there before. Not only did I get $860.00 in citations for "Possession of a Metal Detector" and "Destroying Plants" which I did not do. I dug one hole in a dirt area and properly filled it back in. He never even saw me digging. I was just walking with the detector turned off. But this jerk took my AT Pro, 2 Pro-Pointers, a Lesche Samson Pro, my edge digger and Garrett digger's bag, rechargeable batteries, gloves and everything else I had with the exception of my phone and my clothes. The odd thing about this is that so far, the U.S. District Court has no record of the citation or my gear being confiscated. It's been nearly 6 weeks since this happened. It looks like I got robbed by a Federal Cop. He did make the comment "This is MY metal detector now" when he confiscated it but I took that as a smart remark rather than his true intentions of keeping my gear. He was also careful to tell me brother to go ahead and walk back to the car, obviously so he wouldn't be a witness to the theft of my gear.

Well, I have an AT Gold but rarely use it and without a pin-pointer, shovel and edge digger I just wasn't interested in doing any detecting. I bought a new AT MAX and Pro-Pointer AT which I got Sunday and the new Lesche Samson Pro is scheduled to arrive today. I am going to go buy an edge digger and some gloves tomorrow morning the head out to do some detecting.

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LWYRUP! (Better call Sal) Seriously don't mail the citation in go to court and force him to comment under oath. You will most likely have to pay for having the metal detector on restricted land. As for the destruction of plants, the burden of proof is his responsibility and based on what you said...he can't provide it. Going to court will also afford you the opportunity ask about your equipment. Be sure to bring your receipts(no pun intended). It's not easy walking into a court room when you have broken the law, whether you meant to or not, but the truth shall set you free. If he doesn't show and the case is dismissed you have the right to a counter suit for your equipment. I am NOT a lawyer but it would be worth the time to contact one. Just friendly advise. Best of luck

 

[chillforlife]

Still a major BS story. No federal LEO will lose his job over some stupid metal detector. There are rules we were required to follow when confiscating things and those rules were cast in stone! To get your confiscated items back, you went to the district office, paid your fine and got your stuff back. I would routinely confiscate fireworks in the national forest for obvious reasons. Few people bothered to come get them back.

I'm glad I'm not the only skeptical one here.

 

[Cfmct]

This member was last here March 4th and has not posted on the thread since Jan 30th...

Why keep asking questions or posting on it?

If his last post was Jan 30th he has had plenty of opportunity to respond with an update which he has not...

Lets give it a rest... I even tried contacting him which went unanswered...