Warning For All Cachers In Sherwood Ar

[+Gener_Lee]

While Caching at the below Cache

 

IndianHead's Indian Head

 

I was picked up on the security cam of a near by Exxon station while hunting this cache, he came out and ask me what I was doing. I explained, and he decided to call the police and the Sherwood Police proceeded to arest me for Criminal Trespass and possition of criminal materal (the Cache .. I had just found it) The officer claimed there was some "residue" of sort (they are going to have it tested).

 

I want to warn everyone to remove all caches in Sherwood and do not Cache in that area anymore .. the Cops are now aware of us and looking to ARREST US .. Because there is NO SUCH THING AS PUBLIC PROPERITY !!!!!!!!

[+Rick618]

Not sure what the rules are there but around here there is a trespass warning issued with the understanding that if you show up again then you get the silver bracelets. Laws vary as does enforcement.

If you were on the Exxon property which you don't say just that a cam from there was what lead to someone asking what you were doing. IF it was the Exxon property than it is not public, it is private business property. The use of cameras in parking lots is far more common in fast food establishments than people may realize and one more reason to make sure that you have established permission with the management.

Sorry to hear about your arrest. You might want to check with a lawyer too.

 

edit, grumble spell check after the fact

Edited January 26, 2006 by Rick618

[+Jamie Z]

If indeed the cache was on Exxon property (or you were crossing Exxon property to access the cache), then you were trespassing. Exxon is a company which I imagine does not take trespassing lightly. I this case, I wish you luck, and hope that your story and their lack of evidence (residue? Sheesh) will get you nothing.

 

If you were not on Exxon property, then they have nothing.

 

What do you mean by "Cops are now aware of us and looking to ARREST US"? Did the officer make a negative statement about geocaching? Geocaching itself is not illegal, but some people do illegal things when they geocache, just like some people do illegal things when they do most anything.

 

Keep us informed. It may be prudent for a local organization to keep close tabs and get involved if law enforcement somehow thinks that geocaching equates to trespassing.

 

Jamie

[CoyoteRed]

Huh! Different states obviously have different laws concerning trespass. In SC, in order to be arrested for trespassing you need to be warned. This could be conspicuous signs or told not to come back. Either way, you have the be warned.

 

As for possession of "criminal material," that's a crock. Just what is "criminal material" any way.

 

Face it. They thought it was drug related and that's what they wanted to make it.

[CoyoteRed]

Follow up:

 

Is the property posted in some way?

 

Check out Arkansas code 5-39-305. This is similar to that of South Carolina.

 

Oh, INAL.

[+blackjack65]

I was picked up on the security cam of a near by Exxon station while hunting this cache, he came out and ask me what I was doing.  I explained, and he decided to call the police and the Sherwood Police proceeded to arest me for Criminal Trespass and possition of criminal materal (the Cache .. I had just found it)  The officer claimed there was some "residue" of sort (they are going to have it tested).

Maybe they will find Petrolium Residue from the Exxon Valdez!!

[+FletchWL]

I couldn't get the link to the AR code to work, so I did a search and here's a copy/paste of the verbiage of 5-39-305:

 

5-39-305. Criminal trespass on land.

 

(a)(1) A person shall not enter without written permission of the owner or lessee upon another person's property located outside the boundaries of any city or town if that land is either:

(A) Lawfully posted;

 

( Crop land; or

 

© Enclosed with a fence sufficient under § 2-39-101 et seq.

 

(2) The posting of land is not a requirement under this section.

 

((1) Any person who violates this section shall be deemed guilty of a violation and shall be subject to a fine not to exceed one hundred dollars ($100).

 

(2) However, a violation of this section shall be a Class B misdemeanor if the property was posted pursuant to the laws of this state.

 

© It is an affirmative defense to a prosecution that:

 

(1) The person did not knowingly enter upon another person's property;

 

(2) The person was a guest or invitee;

 

(3) The person was required to enter upon the premises of another for business reasons or for health and safety reasons;

 

(4) The person was authorized by law to enter upon the land; or

 

(5) The privately owned land was made open to the public.

 

(d)(1) This section shall not apply to public land.

 

(2) This section shall not apply to a law enforcement officer in the line of duty.

 

(e) Nothing in this section shall repeal any law concerning posting of land or trespass.

 

History. Acts 1995, No. 870, §§ 1, 2; 1999, No. 1029, § 4.

[+jon & miki]

Of course I'm a couple of thousand miles away and don't know the actual circumstances, but if it were me, I think I would be more than a little irritated at the hider for placing a cache without getting adequate permission or apparently without even finding out whether it was private property or public land.

[+bitbrain]

...the Sherwood Police proceeded to arest me for Criminal Trespass and possition of criminal materal (the Cache .. I had just found it)  The officer claimed there was some "residue" of sort (they are going to have it tested)...

So they actually arrested you? Cuffed you, stuffed you in the back of the car and took you to jail? That's going to end up being a very expensive cache hunt.

 

I hope it was at least an interesting Exxon station.

 

edit: Ok. Google Maps shows a large greenspace in the area. Perhaps the Exxon guy was just tired of crack dealers (?) on the corner or had a problem with vagrants hasseling his customers and thought you might be one of them.

Edited January 26, 2006 by bitbrain

[bigcountryshawn]

wait a minute they just arrested you without even looking into if the land was public or private and how about the residue ?

 

look I know the cops had to do their jobs...

but they didn't do their job right now did they

 

well anyway I hope you make it out allright

[+Rick618]

http://alacache.com/modules.php?name=Forum...iewtopic&t=2035

 

and yes he was arrested, handcuffed, and taken to the pokey.

 

There is also more at the Arkansas page

 

http://www.arkgeocaching.org/modules.php?n...eb27d1ef90f6597

[Mvillian]

Did the cache hider have permission to place a cache at that location???

[+Gener_Lee]

Hey folks.... Sorry I have not posted much here lately. I have been tied up posting at the Arkansas Geocashing Association Fourm. ... Thanks to Rick for providing the link

 

Now to try and hit some of the questions .. in no pitcular order

 

Did the cache hider have permission to place a cache at that location???

 

The answer to this one is not really. But in her defense the Cache is not on the Exxon parking lot, it is in a grass buffer area that several thing back up to (the Indianhead Shopping center, a Burger King, and the Exxon station) In my opinion I do not see that it was on the Exxon land, but that is neither here or there

 

wait a minute they just arrested you without even looking into if the land was public or private and how about the residue ? 

 

Yeah I as handcuffed, booked and fingerprinted .... Whole nine yards. About the residue... Who knows, near as I can tell they are planning to send it to the lab to be checked, I never saw it, but the claim is tiny white particles, almost too small to gather.

 

What do you mean by "Cops are now aware of us and looking to ARREST US"? Did the officer make a negative statement about geocaching? Geocaching itself is not illegal, but some people do illegal things when they geocache, just like some people do illegal things when they do most anything.

 

This one I have to appoligize for, I was letting my fustration talk. The truth of the matter is that officer and none of the folks he called knew about geocaching, and I am fairly sure he thought I was making it up. But he did ask some very pointed question trying to find out how many other people were "Playing this Internet game" (his words) in this area, and how many "of these things" are there in Sherwood, and he was not happy that I could not answer him .

 

I hope it was at least an interesting Exxon station.

 

Actually it is a pretty boring and quite dirty one.

 

Finally, I think that in general this ends up being a bad tempered Exxon owner that was fustrated that his stuff had been vandelized and stolen in the recent weeks, and a uninformed police officer that maybe was maybe being just a little over zelious (sp?) about dealing with an unknown

 

I harbor no true Ill will toward the police or the City of Sherwood, and I am hoping we will be able to work a deal where they pass over the case for 6 months and if I have no other Criminal arrest in that time they will just drop the case and wipe it away. As nearly as I can tell at this time the Sherwood courts just do not consider this a big enough issue to bother with a full court hearing. But the next week will tell me more about that

[+Deliveryguy428]

Just remember you could always get your community service to be a CITO event

 

Seriously- If the gas station is that bad off looking then yeah more then likely some shady activities have gone on in and around the area and sadly you were the one out there doing nothing illegal that had to deal with fall out.

 

I am seriously curious to know if you plan to take this issue to higher authorities, like the local city council, show them how good geocaching is, and the positive aspects geocaching brings with it.

[+Gener_Lee]

I am seriously curious to know if you plan to take this issue to higher authorities, like the local city council, show them how good geocaching is, and the positive aspects geocaching brings with it.

Right now I am afraid I am going to probably do NOTHING. The best bet for me to get out of this without a record is to let the case Pass for 6 months and if after that time I have caused no more trouble then it will be dismissed alltogether. So, though I would love it if others (especally other police or city officals) talk to them not neccessarly about my case, but about Geocaching that would be GREAT. But as for me I need to advoid Sherwood and be a good boy (aka not ruffle the wrong feathers) at least until they dismiss this citation, then time will tell

 

Robert

[+ATMA]

Wow...

[Gersteacker]

Let me tell you how thing work in Arkansas. You now have a criminal history that will NEVER go away. Even if they drop the charges in 6 months, you were fingerprinted. That fingerprint card goes to state police who will give it and SID (state identification number). You will show an arrest every time you are checked by the police for ever, and the neat thing about Arkansas, is that there is nothing you can do to ever make it go away. I would take very seriously his early warning about geocaching in Sherwood.

Gersteacker

[bordercrazy]

I've been through Arkansas, I have to ask, did the officer wear his mirrored sunglasses with mirrors on the inside?

 

All LEA's were issued a bulletin about Geocaching in 03 if I remember correctly. It has been discussed in the forums.

 

It's handy to know, though if I remember the poster (a police officer) couldn't offer a link or specifics which would have been very helpful.

 

Sorry to hear about you're arrest.

Edited February 27, 2006 by bordercrazy

[bigcountryshawn]

it is good that things are going as much as they are back to normal but still too bad you were arrested and I must apologize for my own temper about what happened to you I should not have blamed the cops they most certianly did do their job and furthermore I apologize for my comment about them not doing their job I was so busy fighting injustice that I was blinded to my own wrong

[+emb021]

What's the status on all this? I seem to recall the court date was in February.

 

Do we need to get groups of cops & lawyers who GC to explain to their collegues what we are all about?

 

("Cops who cache", "Geolawyers"...)

[+Renegade Knight]

Fight it.

 

The Exxon station invites the public to park. Naturally your desire to quench your thirst by stopping in at the Exxon after finding the cache was thwarted by being arrested. You were a customer, and you were invited and if the price is right you are willing to settle outside of court for the future harrassment and civil rights abuses you will sue for.

 

You recieved no warning about tresspass and becuase of the public invite the Exxon extends for prospective customers one would absolutly be required.

 

Further the owner is a moron. Since geocachers in general see more and do more in this country than Joe Citizen his business is less likely to be vandalized just for having the cache in the area which invites geocachers to stop on by and to look to see what's going on as they drive by and know the cache is there.

 

That business owner should be thanking you for having chosen his parking lot and he should be appoligizing along with the police when all is said and done.

[+Renegade Knight]

...I should not have blamed the cops they most certianly did do their job and furthermore I apologize for my comment about them not doing their job I was so busy fighting injustice that I was blinded to my own wrong

 

No they didn't. They didn't even verify a wrong had been done (none had) an assumed the business owner was in the right. The real deal was the owner was having a bad day and took it out on an innocent person who actually did more good for his business than anything else. That owner's actions though caused a real harm to the cache in the form of an arrest record and a taint on thier character. The officer should have known the law better, but they assumed a few things to make a 'good' arrest.

[bigcountryshawn]

...I should not have blamed the cops they most certianly did do their job and furthermore I apologize for my comment about them not doing their job I was so busy fighting injustice that I was blinded to my own wrong

 

No they didn't. They didn't even verify a wrong had been done (none had) an assumed the business owner was in the right. The real deal was the owner was having a bad day and took it out on an innocent person who actually did more good for his business than anything else. That owner's actions though caused a real harm to the cache in the form of an arrest record and a taint on thier character. The officer should have known the law better, but they assumed a few things to make a 'good' arrest.

 

perhaps they did assume things after all that white powder

I have seen dust before and though it is grey when it accumulates I suppose it could look white and as for the activities of others they need to be arrested if they do illegal things but geocaching is legal so dont let the owner of the gas station harras people who are not even in the parking lot if the ga s station owner owns the land where the cache is then yes the owner needs to seek permission for their cache being their but if the land is owned by someone else the gas staion owner and employess can't complain