Police called on me for curb strip hunting

[Chipk]

I hunt the strips a lot BUT I don’t if it’s evident that area is being cared for. Legal or not, it’s common courtesy. Also if someone objects I explain the law but still will move on.
Also I do it during working hours when most people are at work to avoid contact and hassle. And I wear a fluorescent vest for safety but also it makes me look like a municipal worker and people leave them alone.
It sounds to me like you wanted a fight. You got one. But now you’re on the police’s radar and you’ve been warned. If the same cops see you again you might get more than the warning. That’s why I would have avoided the issue.

 

[Mud-puppy]

Bummer...Good replies here though...A teachable moment....Although it would be sort of fun to push the issue? You know, go out and get yourself arrested intentionally? Cuffed and Stuffed! ....Judge would probably bust a spring when your case comes up!....

He's got his hands full with all sorts of violent cases all day long, and heres a demure Old Granny out looking for curb side pennies? Yeah! I wouldnt want to be the arresting Officer trying to explain that one!! Plus, All the guys on the force would be bussing his balz, probably call him "Granny Grabber" from there on out! "Scoot along now!" "Shoo!" "Git!" Oh damn that was funny!

 

[BRJ123]

Where I live the curb strips are not just the responsibility of the homeowner to maintain, they are legally our property.

I maintain you best ask permission before detecting ANYWHERE whether it is public or private. Just spend a minute checking with the right authority.

 

[BRJ123]

Hunt them at night. Out of sight is out of mind. So peaceful. So serene. Problem solved

disagree, don't ruin someones private property at night either

 

[SeabeeRon]

We all need to remember here that we are from many different states, counties, cities and other jurisdictions and "Public Right of Way" has many varying rules and conditions on them.

 

[Tom_in_CA]

disagree, don't ruin someones private property at night either

Hi there BRJ-123. If you "ruin" people's property when you detect, I kindly suggest you repeat the md'ing class: "Target Recovery 101".

So that you learn how to leave no trace of your presence, hence not "ruining" places. For me and most of us here, we leave no trace, cover/stomp/fluff our spots, thus not "ruining" anything.

 

[BRJ123]

Hi there BRJ-123. If you "ruin" people's property when you detect, I kindly suggest you repeat the md'ing class: "Target Recovery 101".

So that you learn how to leave no trace of your presence, hence not "ruining" places. For me and most of us here, we leave no trace, cover/stomp/fluff our spots, thus not "ruining" anything.

So I guess that gives you the right to detect on private property?

Did i miss that in "Target Recovery 101?"

 

[Tom_in_CA]

So I guess that gives you the right to detect on private property?

Did i miss that in "Target Recovery 101?"

Wait, hold on ..... aren't we talking about curb-strips ? The right-of-way between the sidewalk to the street ? If so, this debate has been played out in endless threads on the subject. There's no doubt you can be there. Otherwise how does a passenger get/step out of their vehicle ?

And as an extension of that legal ability to "be there", I would extend to other innocuous activities akin to simply stepping out of your vehicle. Ie.: I consider md'ing to be equally innocuous. Unless of course you "ruin" things. Then .... sure .... don't that there.

Thus we were not talking about private property, if I understood the post sequence/topic correctly.

 

[BRJ123]

Wait, hold on ..... aren't we talking about curb-strips ? The right-of-way between the sidewalk to the street ? If so, this debate has been played out in endless threads on the subject. There's no doubt you can be there. Otherwise how does a passenger get/step out of their vehicle ?

And as an extension of that legal ability to "be there", I would extend to other innocuous activities akin to simply stepping out of your vehicle. Ie.: I consider md'ing to be equally innocuous. Unless of course you "ruin" things. Then .... sure .... don't that there.

Thus we were not talking about private property, if I understood the post sequence/topic correctly.

take a few seconds and read through the rest of the thread. I stated in my reply above that in places, including where I live, the curb strip is owned legally by the home owner. You can bet if i saw anyone digging my curb strip without permission i'd be calling the police as well and i'd be 100000% within my rights to do so. If they asked politely of course I'd tell them to have at it.... little do they know they'd find nothing....

anyways...stick with the topic at hand and read through replies before telling someone to go to "target recovery 101" next time please.

 

[jerr-man]

I dont want to offend anybody, just my thoughts. I dont know why ANYBODY in this hobby would be detecting on property they dont have permission. Regardless of who owns the curb strip, I know how I would feel if I looked out my window and seen somebody in MY Yard detecting, and I am in the hobby. And since I mow the curb strip, THATS MY YARD. We get a bad rap a lot of the time and confrontations with on lookers and police has a very negative impact on our hobby.
For the most part our hobby is contingent on "others" allowing us to be on their property. So I promote and practice :

1) Always obtain permission before hunting
2) Leave the area as well OR better then when I started.

Just my two cents.

 

[graybeard]

The landowner is responsible for the taxes and the upkeep of the property, and the sidewalk in some places. The easement is actually just for the city workers to do their job and maintain the trees and waterlines etc.
City easements are not put there for a loophole, just for people to do what they want.

 

[Jeepfreak81]

I'm new to this hobby and have mixed feelings on this issue. Mostly because as has already been stated, the laws/rules/what's accepted, is different for each state/county/municipality. When in doubt, get permission. When you know a certain rule or law exists in your favor, carry a copy of that rule/law and have a civil conversation with the person. Most of all, move along if asked. IMO it's best to stay off peoples radar or else you welcome increased interaction and trouble from all the wrong people.

I for one, will not be hunting curb strips. For me it's just too exposed, even with proper permission obtained, I don't like to draw attention and really hate talking to people.

 

[woodbutcher]

In Pennsylvania it’s called borough rite of way,,and the homeowner does not own it.,,hasto maintain it but doesn’t own it.Thats for the whole state of Pennsylvania only,your state may vary..I own a tree service,and need to get a permit from the borough before I’m allowed to touch any tree between the sidewalk and the road..Actually the shade tree committees give the ok,,but it’s all through the borough offices because it is borough property

 

[Tom_in_CA]

... where I live, the curb strip is owned legally by the home owner.

..... The easement is actually just for the city workers to do their job .....

Question for you two: Let's say you have a passenger in your vehicle. Let's say you pull over and park along the street. Your passenger gets out and (gasp) steps on the grass, in order to exit the vehicle. Has he/she "trespassed" ?

Thus I believe there is public right of way along this stretch.

... not put there for a loophole, just for people to do what they want.

No, not "anything they want". But yes, they can do things that are not illegal. They can do "innocuous" things, like step out of a vehicle, right ? Thus the debate is: "Is md'ing innocuous" ? If you start with the assumption/definition that md'ing = inherently evil, harmful, ruinous, etc.... then yes: Everything else you're saying logically follows.

But by the same token, if that's your starting definition of md'ing, then likewise don't do it in parks, schools, forest, beaches, or any other speck of public land. There would equally be laws to forbid "ruining" the park, right ?

 

[BRJ123]

Question for you two: Let's say you have a passenger in your vehicle. Let's say you pull over and park along the street. Your passenger gets out and (gasp) steps on the grass, in order to exit the vehicle. Has he/she "trespassed" ?

Thus I believe there is public right of way along this stretch.

you can type out worthless hypothetical situations all day but the short answer is yes if they step on my property/curb strip that I own they are trespassing and I could be a jerk and run outside every time i saw it and tell them to go away and be 100% within my rights to do so. People just don't generally bother...with the exception of the people in the OP.

in another hypothetical If you're cool with people doing innocuous things on your property would you be cool with someone coming in your house and checking things out, watching the TV you have on maybe eating their takeout on your counter (they wiped up afterward so its innocuous). Hitting up the toilet (but flushing and washing their hands so its innocuous)...you'd never even know they were there right? so it must be fine.

 

[Barry]

Well I can see to prove some kinda point some guys are really getting in the grass about getting in the grass...How bout this, how about just a bit of just plain COURTESY and stay away from where you can be seen from their window...You know, the same way when your blood pressure goes up when some stranger parks in front of YOUR house in the STREET. You need to be smart not right...

 

[woodbutcher]

Well I can see to prove some kinda point some guys are really getting in the grass about getting in the grass...How bout this, how about just a bit of just plain COURTESY and stay away from where you can be seen from their window...You know, the same way when your blood pressure goes up when some stranger parks in front of YOUR house in the STREET. You need to be smart not right...

I see your in Pennsylvania..Me too.And we don't own that strip of grass,trust me I'm posative.. Although I would move on before a major conflict,it's not totally necessary

 

[Tom_in_CA]

you can type out worthless hypothetical situations all day but the short answer is yes if they step on my property/curb strip that I own they are trespassing .....

Really ? I think you are out-numbered. I don't think you'll find any allies on this forum who agree with you that: A passenger who steps on to the grass, while exiting a vehicle from the passenger side door, has "trespassed".

If what you are saying is true, then sure: Everything else you're saying logically follows.

 

[Tom_in_CA]

... You need to be smart not right...

.... I would move on before a major conflict....

Correct. We/I should not do this (assuming the "it's public access" position is the correct position) should do it if it's in an area that's asking for trouble. JUST LIKE ANY PARK or beach, etc.... you don't go "asking for trouble" by waltzing over beach blankets, wandering through ball games, or being in the middle of deep retrievals when busy-bodies are watching.

 

[BRJ123]

I see your in Pennsylvania..Me too.And we don't own that strip of grass,trust me I'm posative.. Although I would move on before a major conflict,it's not totally necessary

Actually I am well aware we do because of a conflict our neighborhood got into about removing trees from the strips. I was surprised to find out that indeed the land is owned to the street by the homeowner and removing the trees was within the right of the neighborhood and such they won the court battle...a battle I hope nobody else has to endure.