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Police called on me for curb strip hunting

pplinker

Forum Supporter
Joined
Feb 21, 2010
Messages
678
Location
WV
Today I got in a confrontation about curb strip hunting and had the police called on me.

To start with there was a guy across the street hanging over his upstairs porch railing who asked what I was doing. I told him I was hunting the curb strip which is city property. He said you better stop it, that is private property. Then he walked away. I continued. A younger clone of him from the same house then, came and started telling me the same thing. And I told him the same thing, that the curb strip was city property. So he said he was going to call the cops, I bravely or it turns out stupidly told him to go ahead.

So, he called them and they showed up shortly. They're pretty quick to respond when it's a 62 year old granny they have to confront. The policeman agreed with landowners, said the sidewalk has to be repaired by the landowners and the grass to street is their responsibility. Said I was digging up these peoples yards. I said I wasn't in the yards and do you see any damage. That's beside the point it is part of their yard. Said he can show it to me in writing. I didn't like the way that city policeman talked down to me. He said "now you scoot on out of here." To boot there was a smug crowd of four people watching. I said I'm not detecting now, are you saying I have to get off the sidewalk? He said no, you can stand there all you want.


Anyway, I should have left at the first objection of the bossy guy across the street. It's just that it wasn't even in front of his yard. He just knew the guy who lived there and wanted to appear like a hero.

I've posted about curb hunting problems before. The hassle doesn't seem worth it.
 
Sorry for your troubles. I'd see if you can get some verification on that law , and hopefully in your favor, and go back and tick'em of even more. Or that's what I would do anyway. Good luck.
 
I've also thought that the curbs are part of landowners property and have to get permission....but may vary within every city. Laws are getting tougher for this hobby....even beaches can be off limits and historical sites can give you some large fines if they want to prosecute.

Have to retrieve objects fast in questionable places and not dig too deep of holes else you attract attention.....reason I don't like the VCO pinpointer on the Equinox....not as fast as the old school detuning of the audio signal method. I like fast and accurate pinpointing on detectors.
 
"The homeowner is responsible for that section of right-of-way ...You poked the bear, what do you expect...? I know, Ill catch flack for it, but perhaps discretion was the better part of valor and ya should have moved off when asked...."

"The homeowner is responsible for that section of right-of-way"

To maybe mow! What other responsibilities? Plus...the owner of that strip wasn't even the complainer. Let's face it. We are "red-headed stepchildren" in many issues like this. It's easier for a cop's paperwork to run off the old retired tector doing this hobby. jm2c
 
That's exactly why if I am hunting curb strips in a residential area that I ask for permission. I know a lot of people will tell you to just go for it but I know if I had a nice house and yard and was responsible for the upkeep of the curb strip, I wouldn't want to look out my window and see someone digging it up. You can be right and still have to face the hassle of the land owner and to me it's just not worth it.
 
It is a right of way,but you got to look at it this way.It was easier for the cop to tell you it’s his property than for the cop to tell him he don’t own it..No big deal,I hunt curb strips all the time.And When somone asks me what I’m doing,I hear them,,but just act like I don’t.they see the headphones and just assume I guess.
 
It is a right of way,but you got to look at it this way.It was easier for the cop to tell you it’s his property than for the cop to tell him he don’t own it..No big deal,I hunt curb strips all the time.And When somone asks me what I’m doing,I hear them,,but just act like I don’t.they see the headphones and just assume I guess.

Yep, no reason to even acknowledge them. Move on to the next strip and enjoy your hunt. It's not worth dealing with simpletons, be it the residents or law. GL and HH!
 
That's exactly why if I am hunting curb strips in a residential area that I ask for permission. I know a lot of people will tell you to just go for it but I know if I had a nice house and yard and was responsible for the upkeep of the curb strip, I wouldn't want to look out my window and see someone digging it up. You can be right and still have to face the hassle of the land owner and to me it's just not worth it.

"That's exactly why if I am hunting curb strips in a residential area that I ask for permission."

You literally asked each home owner, on every street address which you hunt strips? Really?
 
"The homeowner is responsible for that section of right-of-way ...You poked the bear, what do you expect...? I know, Ill catch flack for it, but perhaps discretion was the better part of valor and ya should have moved off when asked...."

"The homeowner is responsible for that section of right-of-way"

To maybe mow! What other responsibilities? Plus...the owner of that strip wasn't even the complainer. Let's face it. We are "red-headed stepchildren" in many issues like this. It's easier for a cop's paperwork to run off the old retired tector doing this hobby. jm2c

Yea, that's it...Cops love to hassle old people..All these attitudes do is lead to county/city ordinances as nuisances because ya gotta get a quarter from that strip of grass...and ruin it for everybody...Sometimes its better to be smart than right....:p
 
Yea, that's it...Cops love to hassle old people..All these attitudes do is lead to county/city ordinances as nuisances because ya gotta get a quarter from that strip of grass...and ruin it for everybody...Sometimes its better to be smart than right....:p

Not purposely hassle, but "dumps" one as, the easier one to run off...the defendant who is "us." I think I might also in their job loads.
 
I have been confronted many times. It's really easy to gauge their tone by how they approach me. Even if I only see them in my peripheral vision. If they say something or approach in a tone I don't really feel comfortable with, I keep my headphones on and ignore them as a leave. Not worth even a conversation with some of them.

The first few months of detecting, I used to always talk to people that approached me. I found out real quick that I have a problem responding to them in a way that turns into anything positive. I usually get... "what do you think you are doing?" I can't help myself by not responding something like... "just minding my own business. Maybe you should..." or something like that.

Now I just ignore and move on. Like I didn't even see them. If they don't want to see me in "their" Curbstrip, there are plenty of other areas to search.

Other times, I've had nice folks approach me, genuinely curious, and I even have gotten permission to search their property.
 
"That's exactly why if I am hunting curb strips in a residential area that I ask for permission."

You literally asked each home owner, on every street address which you hunt strips? Really?

Actually yes, or I don't hunt the strip. There were enough around my old residence that bordered University property or that I had permission to hunt to keep me busy. Would you want someone digging in front of your house on a curb strip that you are responsible for the upkeep and maintenance of ?
 
It was the guy or guys from the opposite side of the street?
yeah many cities have different laws or codes,
you could ask your city administrator for a copy of the code,
and if there isn't any then maybe correct the police, or nosy nellies next time?
But do it in a proper fashion ....:D
if a curb that looks promising that maybe in front of an older home,
do a door knock, ask the home owner if it would be okay
or you would like to detect it. just don't say the word dig or holes,
say how you like to look for history of the area....
also informing them that there isn't any laws against it.
Hope you don't give up.... there's always a few like that. :mad:
 
"The homeowner is responsible for that section of right-of-way ...You poked the bear, what do you expect...? I know, Ill catch flack for it, but perhaps discretion was the better part of valor and ya should have moved off when asked...."

"The homeowner is responsible for that section of right-of-way"

To maybe mow! What other responsibilities? Plus...the owner of that strip wasn't even the complainer. Let's face it. We are "red-headed stepchildren" in many issues like this. It's easier for a cop's paperwork to run off the old retired tector doing this hobby. jm2c


Paranoia !!! First of all I doubt seriously that you know what is easier paperwork or otherwise for a police officer to do. The curb strips are not always the property of the City as many think and it just depends on the ordinances of the individual City so unless you research them you don't know. The property owner is required to provide an easement in the strip for the running of pipes, putting up telephone poles, etc. or in other words for Utility Company purposes. It does not allow anyone that wants to to come and dig up the strip to find a quarter. In this case the strip is still the property of the homeowner.
 
Paranoia !!! First of all I doubt seriously that you know what is easier paperwork or otherwise for a police officer to do. The curb strips are not always the property of the City as many think and it just depends on the ordinances of the individual City so unless you research them you don't know. The property owner is required to provide an easement in the strip for the running of pipes, putting up telephone poles, etc. or in other words for Utility Company purposes. It does not allow anyone that wants to to come and dig up the strip to find a quarter. In this case the strip is still the property of the homeowner.

You know what, that makes good sense. Thanks.
 
"The property owner is required to provide an easement in the strip for the running of pipes, putting up telephone poles, etc. or in other words for Utility Company purposes."

And mow, if even that was covered. What resident of any strip with old history,,,hasn't given all that easement away long ago, with little choice?

The property boundaries are set by the deed to the property so they would not give up the property just because the change of ownership and the easement would still be in effect because they are done by City Ordinance. I am not claiming to be an expert or a lawyer but just saying that you should know what the ordinances say about curb strips before you start stating facts about ownership. I also would recommend to anyone before criticizing police officers or their tactics to try walking in their shoes. They might gain a little more respect for them when they see the !!!! they go through on a daily basis. I find it hard to criticize anyone who puts on a uniform either military, police or fire and takes an oath to protect me even if it means they may lose their life doing so. Sure, there are bad cops, we all know that but in my experience, which is extensive, most of them are just good people trying to make a difference no matter how small.
 
Hunt them at night. Out of sight is out of mind. So peaceful. So serene. Problem solved :cool:
 
OK, I will go all lawyer on you. Generally, the sidewalk is on a right-of-way, which is another way of saying 'easement'. That means the city has an easement to put the sidewalk down, and people have an easement to walk on it. An easement is not an ownership or possessory interest, it is just a right to use the land of another for a particular purpose - in this instance, a sidewalk. Actual ownership of the ground covered by the sidewalk, and the strip between the sidewalk and the street, still belongs to the owner of the property over which the sidewalk easement passes. If the sidewalk was ever taken up, the land that used to be under the sidewalk would still be owned by the adjoining lot owner - as well as the curb strip. If you are really curious about who owns it, you may be able to see a plat. Here in Texas most county Tax Appraisal or Assessor's Offices are accessible online. On that site you can usually get to a map of the entire county showing who owns each tract of land and showing the boundaries of the lot/tract. You can even do an overlay of the satellite image. It also shows you the last conveyance of the tract (volume and page of the county deed records - which is also often accessible on the internet). You can therefore figure out the boundaries of each lot. Here in Texas, most sidewalk strips are owned by the owner of the lot on the other side of the sidewalk.
 
OK, I will go all lawyer on you. Generally, the sidewalk is on a right-of-way, which is another way of saying 'easement'. That means the city has an easement to put the sidewalk down, and people have an easement to walk on it. An easement is not an ownership or possessory interest, it is just a right to use the land of another for a particular purpose - in this instance, a sidewalk. Actual ownership of the ground covered by the sidewalk, and the strip between the sidewalk and the street, still belongs to the owner of the property over which the sidewalk easement passes. If the sidewalk was ever taken up, the land that used to be under the sidewalk would still be owned by the adjoining lot owner - as well as the curb strip. If you are really curious about who owns it, you may be able to see a plat. Here in Texas most county Tax Appraisal or Assessor's Offices are accessible online. On that site you can usually get to a map of the entire county showing who owns each tract of land and showing the boundaries of the lot/tract. You can even do an overlay of the satellite image. It also shows you the last conveyance of the tract (volume and page of the county deed records - which is also often accessible on the internet). You can therefore figure out the boundaries of each lot. Here in Texas, most sidewalk strips are owned by the owner of the lot on the other side of the sidewalk.

Thanks for the clarification !!!
 
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