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Criminal Trespassing w/o Letter of Permission?


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I recently attempted a cache in a nearby city with a fellow cacher. I would guess that the city's population is somewhere in the 30-50,000 range. My friend and I both work quite late, and rarely have time to go caching while it's still light out, so the hour was approaching midnight. The cache we were looking for was on church property, and the cache description clearly stated that permission was granted from the pastor. After about 30 unsuccessful minutes attempting to locate the cache, we decided to move on; we exited the woods and re-entered our vehicle. On our way out of the parking lot we were met head on by 2 police cars, complete with screeching tires, sirens and flashing lights. The officers approached us whilst yelling at us to show our hands. After yelling at us repeatedly to keep our hands visible, they acquired our Identification and called our names in. I was asked what we were doing here at this time of night, and of course I readily explained. Unfortunately, the police officer questioning me seemed to know a little bit about the sport, without really knowing much at all, and he was not interested in the slightest about hearing me explain it to him. In the 15 to 20 minutes that we were detained, he claimed with raised voice that what we were doing was criminal trespassing. Further, he explained that without a letter of permission from the property owner, he had full authorization to take us in under that charge. When I explained to him that the cache owner had permission to place the cache, he said that, that did not imply permission for us to enter the property at such a late hour, and unless we had the name and phone number or a letter of permission from the property owner, we were committing a crime. In the end, he "let us go" with a verbal warning, but promised serious consequences if we were caught on private property at such "odd hours" again. Both squad cars then proceeded to follow us for the full 5 or 6 miles back to the interstate, and out of their town.

Up until this point, all of my encounters with law enforcement while geocaching have been completely favorable, and I've even had a small town sheriff help me find a cache. I had never heard of anything like this happening before, but I must say that it completely spoiled our night. What's more, I can't help but be a little nervous to go caching after my little get-together with the police. Does anyone have an opinion on this matter? Is there any truth to what the officer claimed concerning criminal trespassing charges and letters of permission? Any insightful feedback would be greatly appreciated.

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Any insightful feedback would be greatly appreciated.

 

It takes all types doesn't it! My advice would be to find the cache faster :unsure: Usually when I am night caching, I assume that some little old lady is going to assume I'm dealing drugs or up to some other horrible activity. It usually takes the police about 10-15 minutes to get to the location, so make sure you are done and gone within 15 minutes.

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What an officer says to get you to talk or move along is far different from what the law says prosecutable.

 

But why argue and cause a problem - move along and come back latter.

 

I have learned to carry a few Geocaching brochures: http://www.gpsmaze.com/uploads/files/GEOCACH_F2.pdf

 

Helps explain things nicely. Also offer to show them the listing page (paper or on your palm/ppc).

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I would suggest keeping a print out explaining geocaching and the geocaching.com website name on it with you when you cache. It might also be a better idea to look for caches that are roadside, in the wilderness, or in areas that people would still be later in the evening such as shopping areas, gas stations, rest stops, etc.

 

You might also want to consider paperless caching, if you don't already. You would have been able to show the officers the info that you obtained about the prior permission and it would also give the officer the screen name for the cache owner if they feel they need to take it further. It might not be the best answer, but it will definitely help to show that you're telling the truth.

 

I really feel for people not caching with kids. We got stopped a few days ago by an Department of Indian Affairs Officer (no we weren't on Indian land, we were at a building that housed medical services for Indians within a large city) and were told that we were trespassing on Federal property. But, with three small kids with us, we don't seem so suspicious and they let us go with no real trouble. We've been escorted off of land by Border Patrol too (well above the border, but who's gonna fight these people?). It's never fun, but it also doesn't mean that the owner of the cache didnt' have permission. Maybe note in the log that caching at night at that spot might not be in anyone's best interest.

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Bummer Dude! (I don't know why, I just felt like saying that)

 

Yep, the officer knew enough about geocaching to know that he really didn't have a thing on you. So he got hard headed.

 

This is a very common response by a police officer who wants to get rid of you fast and doesn't want to get called again about this problem.

 

This classic move even has a name. It's called the "In the end, he "Let us go" with a verbal warning, but promised serious consequences if we were caught on private property at such "odd hours" again. Both squad cars then proceeded to follow us for the full 5 or 6 miles back to the interstate, and out of their town" Technique.

 

Maybe you caught him on a bad night. Or perhaps this was his usual solution to a geoacher. Or could be he's a real nice guy but his old lady was on the ... (oh, did I say that out loud :unsure: I just don't know what's up with me today).

 

I'll second ReadyOrNot on this one - "My advice would be to find the cache faster." :unsure:

 

Deane

AKA: DeRock & the Psychic Cacher - Grattan MI

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Wow that is intense. In my three police encounters, they were all extremely nice. One was interested and accidentally found on a few weeks before and another used his searchlight to help us look. Those must have been some abnormally ornery cops. I'm not a lawyer, but Im guessing that in order for it to be criminal on private property, the private property owner would have to press charges. Since it is a church of all places and it gave permission, I think the cops were wasting their time taking it so seriously without actually knowing. Don't let it drag down the night caching experience. And if you do take one for the team, we will place a cache for a geocaching martyr!!! (I mean :unsure::unsure: )

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Bummer Dude! (I don't know why, I just felt like saying that)

 

Yep, the officer knew enough about geocaching to know that he really didn't have a thing on you. So he got hard headed.

 

This is a very common response by a police officer who wants to get rid of you fast and doesn't want to get called again about this problem.

 

This classic move even has a name. It's called the "In the end, he "Let us go" with a verbal warning, but promised serious consequences if we were caught on private property at such "odd hours" again. Both squad cars then proceeded to follow us for the full 5 or 6 miles back to the interstate, and out of their town" Technique.

 

Maybe you caught him on a bad night. Or perhaps this was his usual solution to a geoacher. Or could be he's a real nice guy but his old lady was on the ... (oh, did I say that out loud :unsure: I just don't know what's up with me today).

 

I'll second ReadyOrNot on this one - "My advice would be to find the cache faster." :unsure:

 

Deane

AKA: DeRock & the Psychic Cacher - Grattan MI

I suspect that it is the standard procedure he uses when called out in the middle of the night and there turns out to be nothing substantive that he can 'run people in on'.

 

In my mind, there are four situations that he expects to find when called out on this type of late night call:

  1. He arrives at the location and finds no one. In these instances, he likely hangs out shining the spotlight about for a few minutes while he fills out whatever paperwork he needs to do and then leaves to go back to whatever he was doing.
  2. He arrives and finds someone doing something bad such as spraying the church with graffiti, burning it down, breaking windows, or actually entering. The people get run in.
  3. He arrives and finds someone who belongs there such as the pastor and his special friend. He likely promptly returns to wherever he was and completes the paperwork.
  4. He finds people who likely weren't actually doing anything wrong, but who knows, if he lets them stay they might do something that he should have stopped. He gives these people the speech and follows them out of town.

Edited by sbell111
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In my mind, there are four situations that he expects to find when called out on this type of late night call:

  1. He arrives at the location and finds no one. In these instances, he likely hangs out shining the spotlight about for a few minutes while he fills out whatever paperwork he needs to do and then leaves to go back to whatever he was doing.
  2. He arrives and finds someone doing something bad such as spraying the church with graffiti, burning it down, breaking windows, or actually entering. The people get run in.
  3. He arrives and finds someone who belongs there such as the pastor and his special friend. He likely promptly returns to wherever he was and completes the paperwork.
  4. He finds people who likely weren't actually doing anything wrong, but who knows, if he lets them stay they might do something that he should have stopped. He gives these people the speech and follows them out of town.

 

I won't even ask :unsure:

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In my mind, there are four situations that he expects to find when called out on this type of late night call:
  1. He arrives at the location and finds no one. In these instances, he likely hangs out shining the spotlight about for a few minutes while he fills out whatever paperwork he needs to do and then leaves to go back to whatever he was doing.
  2. He arrives and finds someone doing something bad such as spraying the church with graffiti, burning it down, breaking windows, or actually entering. The people get run in.
  3. He arrives and finds someone who belongs there such as the pastor and his special friend. He likely promptly returns to wherever he was and completes the paperwork.
  4. He finds people who likely weren't actually doing anything wrong, but who knows, if he lets them stay they might do something that he should have stopped. He gives these people the speech and follows them out of town.

I won't even ask :unsure:
My hypothetical police officer has skewed expectations.
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I was stopped late at night comming out of the woods. A police car was parked behind my car and the officers were yelling to my wife (sitting in the car) if she was all right. When I came out of the woods, I had that GPS in my hand and that stirred them up.

 

After I expllained that I was Geocaching and showed them the cache page printout...they relaxed. They had seen a segment on TV here in MAdison, Wi about geocaching. We talked about geocaching for about 20 min, I let them play with my GPS...and they left. No Problems.

 

Here is my entry: March 30, 2007 (and picture)

 

http://www.geocaching.com/seek/cache_detai...06-f6d3530a697f

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I was stopped late at night comming out of the woods. A police car was parked behind my car and the officers were yelling to my wife (sitting in the car) if she was all right. When I came out of the woods, I had that GPS in my hand and that stirred them up.

 

After I expllained that I was Geocaching and showed them the cache page printout...they relaxed. They had seen a segment on TV here in MAdison, Wi about geocaching. We talked about geocaching for about 20 min, I let them play with my GPS...and they left. No Problems.

 

Here is my entry: March 30, 2007 (and picture)

 

http://www.geocaching.com/seek/cache_detai...06-f6d3530a697f

Another reason to be glad that my GPSr is a yellow Venture Cx. Edited by sbell111
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They can charge you with criminal trespassing, but it doesnt mean you will be convicted.

He was doing exactly what he was trained to do, although went about it a bit too harshly. They most likely are having a vandalism problem at that location.

 

I would not seek caches on private property at night, especially if you are from out of town.

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They can charge you with criminal trespassing, but it doesnt mean you will be convicted.

He was doing exactly what he was trained to do, although went about it a bit too harshly. They most likely are having a vandalism problem at that location.

 

I would not seek caches on private property at night, especially if you are from out of town.

 

You could run into somewhat the same issue on public property, actually.

Edited by egami
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They can charge you with criminal trespassing, but it doesnt mean you will be convicted.

He was doing exactly what he was trained to do, although went about it a bit too harshly. They most likely are having a vandalism problem at that location.

 

I would not seek caches on private property at night, especially if you are from out of town.

 

You could run into somewhat the same issue on public property, actually.

 

It would then depend if the area is open or not. Criminal trespassing is usually issued to people on private property who have been previously warned, or are damaging something.

Edited by 4wheelin_fool
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We have neighbors here that call the police for criminal trespassing and they laugh because you have to be knowingly or recklessly causing damage in excess of $1,000 to the value of the property of another.

 

Walking on Grass is not $1000 in damage...

 

635:2 Criminal Trespass. –

I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.

II. Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,000 to the value of the property of another.

III. Criminal trespass is a misdemeanor if:

(a) The trespass takes place in an occupied structure as defined in RSA 635:1, III; or

(:unsure: The person knowingly enters or remains:

(1) In any secured premises;

(2) In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person; or

(3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order.

IV. All other criminal trespass is a violation.

V. In this section, ""secured premises'' means any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders.

VI. In this section, ""property,'' ""property of another,'' and ""value'' shall be as defined in RSA 637:2, I, IV, and V, respectively.

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They can charge you with criminal trespassing, but it doesnt mean you will be convicted.

He was doing exactly what he was trained to do, although went about it a bit too harshly. They most likely are having a vandalism problem at that location.

 

I would not seek caches on private property at night, especially if you are from out of town.

 

You could run into somewhat the same issue on public property, actually.

 

It would then depend if the area is open or not. Criminal trespassing is usually issued to people on private property who have been previously warned, or are damaging something.

 

Hence the word "somewhat"...

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We have neighbors here that call the police for criminal trespassing and they laugh because you have to be knowingly or recklessly causing damage in excess of $1,000 to the value of the property of another.

 

Walking on Grass is not $1000 in damage...

 

err...not that I agree with one side or the other, but that is not what you posted.

 

635:2 Criminal Trespass. –

I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.

II. Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,000 to the value of the property of another.

III. Criminal trespass is a misdemeanor if:

(a) The trespass takes place in an occupied structure as defined in RSA 635:1, III; or

(:unsure: The person knowingly enters or remains:

(1) In any secured premises;

(2) In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person; or

(3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order.

IV. All other criminal trespass is a violation.

V. In this section, ""secured premises'' means any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders.

VI. In this section, ""property,'' ""property of another,'' and ""value'' shall be as defined in RSA 637:2, I, IV, and V, respectively.

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We have neighbors here that call the police for criminal trespassing and they laugh because you have to be knowingly or recklessly causing damage in excess of $1,000 to the value of the property of another.

 

Walking on Grass is not $1000 in damage...

err...not that I agree with one side or the other, but that is not what you posted.

 

635:2 Criminal Trespass. –

I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.

<snip>

A friend of mine, who is a Geocacher, and a police officer, says he will not charge anyone with Trespassing as long as they leave when asked. It is only if they "remain," after having been told to leave, that they are in trouble.

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...Does anyone have an opinion on this matter? Is there any truth to what the officer claimed concerning criminal trespassing charges and letters of permission? Any insightful feedback would be greatly appreciated.

 

Police generally are given broad powers to deal with situations on the spot. That means they probably could take you in and make your night miserable even if they would ultimatly lose the case and you would be released.

 

Geocaches doing their perfectly legal and harmless activity just happens to look a heck of a lot like real and actual behavoirs of people up to no good. Assume that you look suspicious. Once called in officers will respond and even if they are not called in they are doing their job to stop and ask you WTF you are doing.

 

They can be civil about it or try to scare the living snot out of you. Fortunatly I've never had the latter on the occasions I've been on the recieving end of questions.

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This might be handy: Flex Your Rights

This tactic should be attempted with a "Please Arrest Me" T-shirt, for maximum effect. :unsure:

 

Back on topic: Yes, you probably could've been arrested. Different states have different elements that need to be met, but most of them are vague enough to give a responding officer plenty of leeway. If it's any consolation, under these circumstances, it would be almost impossible to convict you, since the cache page acts as defacto permission for you to be on the property. Still, clearing up an arrest is both time & money consuming, and is best avoided. Fortunately, I have a badge to show responding officers. If I didn't, I'd carry the aforementioned flyer.

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It must be a Tennessee thing. I've cached all over and at all hours of the day and night. The only time I was ever told (harshly) that I couldn't continue geocaching was late at night after Geowoodstock 2 in Franklin TN. We were in a three car convoy and were accused of 'cruising' after being spotted traveling together from one park to another. So we left Franklin, and headed into Nashville where we had two more LEO encounters that night; both very pleasant.

 

I also think you are more likely to encounter a situation like this in a smaller town where the officers don't have anything more important to worry about.

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It is quite possible that after a certain hour the property may no longer be open to the public. Most cemeteries around here are closed dusk to dawn. Under Ohio law, you were indeed trespassing and yes, we usually ask to see written permission. Most of the officers I know would give a warning after you explained what you were doing, I know I would. :unsure:

 

But, I would also ask to keep your hands in sight until I knew who you were and what you were doing.

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I recently attempted a cache in a nearby city with a fellow cacher. I would guess that the city's population is somewhere in the 30-50,000 range. My friend and I both work quite late, and rarely have time to go caching while it's still light out, so the hour was approaching midnight. The cache we were looking for was on church property, and the cache description clearly stated that permission was granted from the pastor. After about 30 unsuccessful minutes attempting to locate the cache, we decided to move on; we exited the woods and re-entered our vehicle. On our way out of the parking lot we were met head on by 2 police cars, complete with screeching tires, sirens and flashing lights. The officers approached us whilst yelling at us to show our hands. After yelling at us repeatedly to keep our hands visible, they acquired our Identification and called our names in. I was asked what we were doing here at this time of night, and of course I readily explained. Unfortunately, the police officer questioning me seemed to know a little bit about the sport, without really knowing much at all, and he was not interested in the slightest about hearing me explain it to him. In the 15 to 20 minutes that we were detained, he claimed with raised voice that what we were doing was criminal trespassing. Further, he explained that without a letter of permission from the property owner, he had full authorization to take us in under that charge. When I explained to him that the cache owner had permission to place the cache, he said that, that did not imply permission for us to enter the property at such a late hour, and unless we had the name and phone number or a letter of permission from the property owner, we were committing a crime. In the end, he "let us go" with a verbal warning, but promised serious consequences if we were caught on private property at such "odd hours" again. Both squad cars then proceeded to follow us for the full 5 or 6 miles back to the interstate, and out of their town.

Up until this point, all of my encounters with law enforcement while geocaching have been completely favorable, and I've even had a small town sheriff help me find a cache. I had never heard of anything like this happening before, but I must say that it completely spoiled our night. What's more, I can't help but be a little nervous to go caching after my little get-together with the police. Does anyone have an opinion on this matter? Is there any truth to what the officer claimed concerning criminal trespassing charges and letters of permission? Any insightful feedback would be greatly appreciated.

So where were your night vision goggles? No sense in spooking the neighbors with flashlights.

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:) It is not criminal trespassing unless you remain on the property after being asked to leave by an employee, owner, etc. OR if you have been told by an employee, owner, etc. IN THE PRESENCE of an officer, that you are not allowed on the property, and you then remain or come back on the property. If there are signs around about trespassing, that is a different story.

 

I've learned that law enforcement officers will say whatever they think will intimidate you into doing what they want, whether it is true or not. Best to just apologize and leave because an officer can always find some reason to haul you in if he needs to, whether legitimate or not.

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:) It is not criminal trespassing unless you remain on the property after being asked to leave by an employee, owner, etc. OR if you have been told by an employee, owner, etc. IN THE PRESENCE of an officer, that you are not allowed on the property, and you then remain or come back on the property. If there are signs around about trespassing, that is a different story.

 

I've learned that law enforcement officers will say whatever they think will intimidate you into doing what they want, whether it is true or not. Best to just apologize and leave because an officer can always find some reason to haul you in if he needs to, whether legitimate or not.

 

It's a conspiracy.

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I have been caught by LEOs twice while caching at night. Both times the LEOs thought I was crazy when I told them what I was doing. They just laughed it off and that was that. I guess Tenn. LEOs have a lot of times on their hands.

I also carry a police scanner with me at night in case any locals call the police and report me.

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I rarely have time to go caching while it's still light out, so the hour was approaching midnight. The cache we were looking for was on church property, and the cache description clearly stated that permission was granted from the pastor.

 

On our way out of the parking lot we were met head on by 2 police cars, complete with screeching tires, sirens and flashing lights. The officers approached us whilst yelling at us to show our hands. After yelling at us repeatedly to keep our hands visible, they acquired our Identification

 

of course I readily explained. Unfortunately, the police officer questioning me seemed to know a little bit about the sport, without really knowing much at all, and he was not interested in the slightest about hearing me explain it to him.

 

In the 15 to 20 minutes that we were detained, he claimed with raised voice that what we were doing was criminal trespassing. Further, he explained that without a letter of permission from the property owner, he had full authorization to take us in under that charge. When I explained to him that the cache owner had permission to place the cache, he said that, that did not imply permission for us to enter the property at such a late hour, and unless we had the name and phone number or a letter of permission from the property owner, we were committing a crime.

 

Does anyone have an opinion on this matter? Is there any truth to what the officer claimed concerning criminal trespassing charges and letters of permission? Any insightful feedback would be greatly appreciated.

 

I can't speak for all states, but here in NC there is a charge of 3rd Degree Trespass that is a criminal charge.

 

3rd Degree Trespass in broad terms requires you to have "written permission" on your person if you are on the particular property. The "broad terms" have to do with what property, etc. and not the requirement that you have the written permission.

 

You said you had permission to be there, but what did you have in the way of proof of that fact? You said it was late at night. You can't expect the officers to "call the pastor" at that hour to check your allegation.

Permission, especially at places such as a church, usually takes into account a certain amount of "reasonableness." I think an argument could be made that midnight, or after, coming out of the woods at a church does not go very far in meeting an expectation of reasonableness.

 

Also, law enforcement agencies often have letters of agreement with property owners to enforce no trespassing on their property that you may not have known about.

 

From the tone of your message, you give the impression that you "may" have been a little less than calm with the officer/s when this took place. Could that have contributed to your handling by them?

 

Next time, get it in writing. A printout alleging you have received permission from a third party does not prove that you do indeed have that permission.

Edited by carolnbarney
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:) It is not criminal trespassing unless you remain on the property after being asked to leave by an employee, owner, etc. OR if you have been told by an employee, owner, etc. IN THE PRESENCE of an officer, that you are not allowed on the property, and you then remain or come back on the property.

Not true. Study your law. Change your socks.

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Many of these trespassing issues are prefaced by mentioning their encounter with the law happens at night.

 

If you'd have looked for this cache during the day I doubt there ever would have been an incident.

 

There's just very few places out there that you can prowl around after dark with a flashlight that will NOT attract Johnny Law.

 

Rather than making this thread about permission forms, it should be about inappropriately hunting for non-night caches at night.

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Rather than making this thread about permission forms, it should be about inappropriately hunting for non-night caches at night.

 

There is nothing inappropriate with looking for non night caches at night.

 

I have found lots of caches at night. I have two encunters with LEOs, both time I explained what I was doing and both times they just told me good luck and left.

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Rather than making this thread about permission forms, it should be about inappropriately hunting for non-night caches at night.

 

There is nothing inappropriate with looking for non night caches at night.

 

I have found lots of caches at night. I have two encunters with LEOs, both time I explained what I was doing and both times they just told me good luck and left.

 

You just bump up your risk of an encounter. Even if you are doing nothing wrong. That's something you have to factor in.

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Rather than making this thread about permission forms, it should be about inappropriately hunting for non-night caches at night.

 

There is nothing inappropriate with looking for non night caches at night.

 

I have found lots of caches at night. I have two encunters with LEOs, both time I explained what I was doing and both times they just told me good luck and left.

 

That's two more LEO encounters than I've had while caching. And as evidenced by the OP, they are not always as nice as the ones you experienced.

 

I have caches, like the one mentioned here, that have permission but it is assumed that cachers would hunt during daylight hours. I'm sure the preacher that ok'd the one mentioned here did not envision people creeping around in the woods with flashlights. I guess we could all specify on each cache whether night caching permission is given, but it seems more logical for folks to use common sense about where they are prowling around.

 

I work a lot of nights and I realize that limits caching time for me. I just accept that and hunt when I can. I also like night caching and even own one night cache. I just prefer to hunt for those designed to be hunted at night in areas that are appropriate for it.

 

I also really don't care much for others that hunt all kinds of caches at all times of the night. I would just like:

 

1.) for them NOT to push for written permission slips for me to have to carry around just because they won't hunt for private property caches during daylight hours and

 

2.) for them to tell the LEO they're hunting for earthworms or something instead of mentioning geocaches. I'm not one of those slippery-slope, black-eye on geocaching people, but annoying the LEO folks can't be good for the sport on local levels. Plus, it can otherwise endanger perfectly good geocaches.

 

Take your trespassing charge like a man! :)

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Rather than making this thread about permission forms, it should be about inappropriately hunting for non-night caches at night.

 

There is nothing inappropriate with looking for non night caches at night.

 

I have found lots of caches at night. I have two encunters with LEOs, both time I explained what I was doing and both times they just told me good luck and left.

 

You just bump up your risk of an encounter. Even if you are doing nothing wrong. That's something you have to factor in.

I agree. You're asking for more run-ins with cops by caching late at night. Cache during the day if at all possible and avoid private property no matter what time it is.

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Rather than making this thread about permission forms, it should be about inappropriately hunting for non-night caches at night.

 

There is nothing inappropriate with looking for non night caches at night.

 

I have found lots of caches at night. I have two encunters with LEOs, both time I explained what I was doing and both times they just told me good luck and left.

 

You just bump up your risk of an encounter. Even if you are doing nothing wrong. That's something you have to factor in.

I agree. You're asking for more run-ins with cops by caching late at night. Cache during the day if at all possible and avoid private property no matter what time it is.

And for God's sake, whatever you do, don't be throwing a Frisbee when the cops arrive...

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