Does a Police officer's approval count as permission?

dlax

Elite Member
Joined
Apr 26, 2016
Messages
594
Location
Massachusetts
If a cop stops you digging on a town field and asks if you're "looking for metal?", and you say "yes sir, just metal detecting, finding old relics and such, it's a new hobby of mine", and then he follows up with "ok, nice, have fun", does that count as permission?
 
If a cop stops you digging on a town field and asks if you're "looking for metal?", and you say "yes sir, just metal detecting, finding old relics and such, it's a new hobby of mine", and then he follows up with "ok, nice, have fun", does that count as permission?

Unfortunately, no.
 
It means you were hunting on public land, I assume, and the cops have no problem with that, nor should anyone else.
 
Nope , that's just the officer being friendly and respectful and not hassling you. Unless he suspected you trespassing on private property or breaking the law then he had no reason to give you trouble. Had someone called and reported you then things may have turned out differently. Then he would have had to actually check the ordinance to see if you were supposed to be detecting there or not and follow through appropriately.

On the other hand it can still be a good sign , atleast he was not immediately aware that you were in violation of anything. Still not permission though.
 
Town-owned property/lawn, but I don't know if that translates into "public property"?. No signs posted saying "no trespassing", or anything of that nature. The town website doesn't say anything about metal detecting but I don't think it's super popular around here anyway (this place had clearly never been hunted). People I've met that sit on town boards and at the historical society think it would be cool for me to find stuff. I guess this is far from "official permission", but everyone I've meet has been supportive, including that PoPo.
 
Stay off private property without permission and you'll be fine. Around here, city-owned property is fair game. I even hunt courthouse lawns.
 
Town-owned property/lawn, but I don't know if that translates into "public property"?. No signs posted saying "no trespassing", or anything of that nature. The town website doesn't say anything about metal detecting but I don't think it's super popular around here anyway (this place had clearly never been hunted). People I've met that sit on town boards and at the historical society think it would be cool for me to find stuff. I guess this is far from "official permission", but everyone I've meet has been supportive, including that PoPo.

If , as you say, all sorts of city employee people, and passing cop have no problem or issue with your detecting , then ....... what more can you ask for ? Red carpets to be rolled out ? :wow:

To ask "does this constitute permission?" is just a semantics game/issue. No matter if you call it tacit approval, permission, or just "no one cares", then no matter how you slice it, I'd continue.

In fact, why does metal detecting "need permission" anyhow ? No more so than you'd think you "need permission" to whistle dixie, or whatever. In-the-absence of a prohibition, then no permission is needed.
 
I even hunt courthouse lawns.

Are courthouses fair game? I thought they were considered state property and state property is usually a no-no. Was never sure on the rules there. Of course they will probably vary from state to state. Not sure what the rules are here in MA. I have seen some nice, old court houses I would like to search.
 
Are courthouses fair game? I thought they were considered state property and state property is usually a no-no. Was never sure on the rules there. Of course they will probably vary from state to state. Not sure what the rules are here in MA. I have seen some nice, old court houses I would like to search.

As Ron says, courthouses are ordinarily county property (unless you're talking about the state appellate or federal appellate level courts?). And the lawns/parks that surround them, therefore, are usually county run. If you're skittish about whether or not the county in your area has something about md'ing, you can check the county parks rules (eg.: no dogs allowed, no fireworks, no over night camping, etc...). If you see nothing there that says "no md'ing", then .... so-be-it.

I hunt courthouse lawns wherever I travel to as well. But ... like ANY park, you gotta use a little discretion to pick low traffic times and avoid busy-bodies.
 
As a newbie, and after reading about the stories about hunting public parks, I decided to contact the local county parks commission via email. I received a positive replay to my queries about coin shooting. So I printed of the reply along with the the person's name and contact number at park and Rec. I carry this in my bag anytime I hunt in county/city parks. Haven't had any problems yet but if one arises I have my permission.
 
As Ron says, courthouses are ordinarily county property (unless you're talking about the state appellate or federal appellate level courts?). And the lawns/parks that surround them, therefore, are usually county run. If you're skittish about whether or not the county in your area has something about md'ing, you can check the county parks rules (eg.: no dogs allowed, no fireworks, no over night camping, etc...). If you see nothing there that says "no md'ing", then .... so-be-it.

I hunt courthouse lawns wherever I travel to as well. But ... like ANY park, you gotta use a little discretion to pick low traffic times and avoid busy-bodies.

Good advice. Thank you.
 
As a newbie, and after reading about the stories about hunting public parks, I decided to contact the local county parks commission via email. I received a positive replay to my queries about coin shooting. So I printed of the reply along with the the person's name and contact number at park and Rec. I carry this in my bag anytime I hunt in county/city parks. Haven't had any problems yet but if one arises I have my permission.

dirt-monkey, Your post is very revealing. It sheds light on the root of permission seeking by us hobbyists: As you say, "after reading about the [dire] stories about hunting public park .....". That sort of sums it up. If new hobbyists DID ever hear about, or read of "permits", "Hassles", "bootings" "tickets", etc.... then the thought might not ever cross their minds.

I saw this happen first hand back in the late 1970s and early '80s (prior to the advent of the internet and lightening fast info exchange). It never occurred to any of us that an md'r "needed permission" (or to walk in inquiring whether there's any laws or rules, etc....). And .... as long as you weren't being a nuisance, or snooping around obvious historic monuments, nobody ever had problems that I recall.

But then in the mid 1980s, the FMDAC was formed. With scary dire stories in each of it's newsletters meant to educate us md'rs. And I recall the treasure magazines started to have a few editorials lamenting some far away state with a "new rule for their state parks", or profiling some poor sap who got his detector and collection confiscated.

All of the sudden, when md'rs started reading and hearing those things, guess what happened ? They did just as you did: They started inquiring everywhere they came too (hey, afterall, you can't be too safe, eh ?).

But the strange thing was, that at a lot of places that had never been a problem before, got "no's" issued . Hmmm. So old-timers were left scratching their heads saying "since when ?". It was a case of the "pressing question" getting passed up and down chains of command, and the "easy" answer getting passed out. Then humorously, when this new "no" gets put out as a "let's fight this" and "let's seek clarification", then the news of this added "no", ONLY serves to spur YET MORE permission seeking. Ie.: the dire stories simply go on to spur yet more "dire stories" in a vicious self-feeding cycle it seemed.

As for your "yes" in this particular case, I will respond separately:
 
.... Haven't had any problems yet but if one arises I have my permission.

It's pretty hard to argue with a "yes". And the feeling of having a printed out permission slip in your pocket is very comforting. So on the surface, your story will just serve to reinforce the notion that "see.... it was and is a good thing to ask".

And ironically, if you'd gotten a "no", you would come away with the same conclusion. It would go something like this: "See, it's a good thing I asked. Because otherwise I could have been arrested".

So whether the answer was "yes", or "no", they both equally reinforce the inherent conclusion that asking was necessary and good. Right?

But ask yourself: What other answer could they have given you ? Do you really think they'd answer like this: "Gee that's a funny question. Why are you asking us? You don't need our permission. If there's no law forbidding, then it's not prohibited" Nope. Authority never works like that. They will bestow on you their princely "yes" or "no".

And while your particular "yes" was granted, yet I bet that someone else could go in that exact same office the next day, talk to someone else, and receive a different answer. Just based on subtle nuances of how you phrase the question. For example: Did you be sure to mention "holes" and "dig" , "take" , "remove", etc.... ?

And be aware there's been persons who, like yourself, got a "yes" , only to be accosted in the field by an angry gardener or cop. The md'r proudly whips out his "permission", only to have it promptly revoked. The busy body gets on his phone, calls down to city hall, and says ".... but he's tearing the place up!" (which isn't true, of course). And you are sent packing, and accused of getting permission under false pretenses (mincing words, failing to mention "dig", etc....)

And there's been cases where a place was never an issue or problem before. But when an whimsical "no" gets passed down, then that same person (who never gave the matter thought before, nor would ever have glanced twice at an md'r) , now all of the sudden starts booting others.

So .... be careful.
 
If you find anything walk into the historical society and say "HERE TAKE IT". Next thing you say is, "do you know any old properties I can hunt"? BINGO.
 
If you find anything walk into the historical society and say "HERE TAKE IT". Next thing you say is, "do you know any old properties I can hunt"? BINGO.

There may be some small town back-woods museums where this would lead-to places to hunt. But as a volunteer in several museums, I can tell you that would result in zero places (or outright castigations for daring to have "disturbed" that thing you found).

Museums are FILLED with donations from well meaning folks. Yet truth is, very few will ever get displayed. Simply because there's a constant flow of donations, and no time or space to display it all. Or to be continually re-arranging the displays, etc.....

And every person who walks through the door believes THEIR item is utterly worthy of historic significance and display. And will actually get mad if you don't take their donation. Eg.: "What ?? You mean grandma's sewing machine isn't a noteworthy item to be prominently displayed ? Afterall, she sewed patches on WW1 uniforms!!" Yet the moment museums tell people "no thanks", then they are ridiculed as being insensitive, ungrateful, etc...

And there's horror stories of things being donated decades ago, that did get on display. Then 30 or 40 yrs. later, some descendant waltzes into the museum and says "give it back" (and claims it was "on loan" only, blah blah). Or someone waltzes in and says "where's the such & such we loaned (or gave you that wasn't authorized by my little sister to have been given), blah blah). So the city looks far and wide through their basement, and can't find it. Now the city is in some sort of legal hassle ?

So most museums nowadays have very strict and stingy policies on donations. And the average worker there (esp. if you run into the purist archie type) will BRISTLE at the thought of you pillaging historic sites.

The best way to get a "back door" pass to info. that historical societies can offer, is to donate your time, be a docent, and weasel your way into the back door . :cool::cool:
 
these are all reasons why im afraid to metal detect alone (off my block) without a seasoned hunting buddy one nut job yelling at me has been more than enough for me.
 
Back
Top Bottom