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Posted: 7/26/2013 2:32:00 PM EDT
this goes beyond the man with a gun calls...
dealing with boundary issues in my hometown, ive contacted every agency that has tried to enforce these rules/statutes and yet no officer or agency has been able to cite it. So if you "know" it, but cant find it, do you really know it? officer mo: you cant be here its against the law average joe: Really, its not posted anywhere, could you tell me where it is written down so i can look it up later officer mo: I was told by officer curly i wasnt allowed here last year, so i know you cant be hear now... uhh, no im not sure where it says that. average joe: thanks... 
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Posted: 7/26/2013 2:37:35 PM EDT
[#1]
You mean trespassing?
Generally, its pretty simple...private property, restricted property, etc. |
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Posted: 7/26/2013 2:38:31 PM EDT
[#2]
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Posted: 7/26/2013 2:38:52 PM EDT
[#3]
public waterway.... no signage stating otherwise mmmmkay
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Posted: 7/26/2013 2:39:42 PM EDT
[#4]
WTF?
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Posted: 7/26/2013 2:40:35 PM EDT
[#5]
What kind of waterway? Some people claim "navigatable waterway" when in reality, it is about ankle deep and two feet wide...
If you are talking about the Mississippi River, sure...your neighbor's two foot wide stream...not so much. Local laws vary. |
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Posted: 7/26/2013 2:42:22 PM EDT
[#6]
officer curly: Oh, wise guy...woob-woob-woob
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Posted: 7/26/2013 2:43:10 PM EDT
[#7]
Woah... Wait!!!! I want to hear more about this.... I know where this is going and myself and the RFA have had a field day with JSO and a few companies that think fishermen in boats can't fish near their property... Ok spill it buddy...
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Posted: 7/26/2013 2:44:00 PM EDT
[#8]
I wish roadside lawyers would shaddup about laws they think they know / understand.
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Posted: 7/26/2013 2:46:12 PM EDT
[#9]
and you know what? If you file a civil rights action against them for enforcing a non-existent law, they will claim qualified immunity and get it based on "well, that's what my Field Training Officer told me" or "I seem to remember hearing that in the police academy." BOOM - case dismissed on qualified immunity.
Ignorance of the law is no excuse unless you are a cop. |
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Posted: 7/26/2013 2:50:56 PM EDT
[#10]
Quote HistoryQuoted:
Woah... Wait!!!! I want to hear more about this.... I know where this is going and myself and the RFA have had a field day with JSO and a few companies that think fishermen in boats can't fish near their property... Ok spill it buddy... diving rights in the indian river lagoon... ive been told and friends have been cited for diving between two bridges that are over a mile apart... the kicker you can also be cited for diving south of the bridge beyond the standard 100yds thats spelled out in the FAC's. officer told us now you cant even dive "West" of the channel south of the bridge period... well the river is pretty fucking long and not allowed to dive west of the channel is ludicrous. weve got sheriff, FWC, and coast guard in on this shenanigans |
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Posted: 7/26/2013 2:51:45 PM EDT
[#11]
Sounds like there was three stooges in that conversation!
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Posted: 7/26/2013 2:56:29 PM EDT
[#12]
Here in Jax fl local fishing guides were being hassled by guards. They will call the police saying.. Someone is fishing I the river too close to out business. Long story short... A big meeting with JSO, FWC, BISHO, ACOI, and a bunch of lawyers got together and put an end to that shit.. FS 372.705
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Posted: 7/26/2013 2:59:34 PM EDT
[#13]
Ok do your homework... Check all restricted off limit areas around you.. Then call "Army corps" and talk with them... They seem to know everything and everyone goes by "their" rules when water is involved!!!
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Posted: 7/26/2013 3:01:31 PM EDT
[#14]
Sounds like the issue isn't the law, but the applicability of it to a specific area.
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Posted: 7/26/2013 3:02:44 PM EDT
[#15]
Your OP is less than enlightening.
Quoted:
public waterway.... no signage stating otherwise mmmmkay Your average officer doesn't deal with waterway issues so much, at least up here. Maybe a Marine Patrol guy, or an En Con guy would be the best ones who would deal with those sorts of complaints most often Otherwise, its really up to the officer having dealt with similar issues in the past as to how informed they might be..... Quoted:
diving rights in the indian river lagoon... ive been told and friends have been cited for diving between two bridges that are over a mile apart... the kicker you can also be cited for diving south of the bridge beyond the standard 100yds thats spelled out in the FAC's. officer told us now you cant even dive "West" of the channel south of the bridge period... well the river is pretty fucking long and not allowed to dive west of the channel is ludicrous. weve got sheriff, FWC, and coast guard in on this shenanigans Diving rights, eh. Not a clue. I'd still guess a Marine Patrol guy, the CG that someone already mentioned, etc There might also be some federal regulations involved if it involves diving around wrecks or other historical artifacts. You don't have any diving clubs whose members have a handle on the applicable regs? |
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Posted: 7/26/2013 3:07:07 PM EDT
[#16]
Quote HistoryQuoted:
Sounds like the issue isn't the law, but the applicability of it to a specific area. Here in Jax. We have restricted areas due to military. All guides know the zones and how close you can get to certain areas.. Some guides... know the guards and phone numbers and call ahead so not to be hassled by patrol boats.. Each "specific area" has its own rules.. All of those restricted areas were made by "ARMY CORPS" you just got to know the rules and inform anyone that is wrong.. FWC, JSO, CG, ect...
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Posted: 7/26/2013 5:10:49 PM EDT
[#17]
The prohibitions COULD also be lurking in Fish and Game laws and/or protection for endangered species.
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Posted: 7/26/2013 5:14:28 PM EDT
[#18]
Maybe he was doing your loved ones noses a favor?
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Posted: 7/26/2013 6:03:45 PM EDT
[#19]
Quote HistoryQuoted:
and you know what? If you file a civil rights action against them for enforcing a non-existent law, they will claim qualified immunity and get it based on "well, that's what my Field Training Officer told me" or "I seem to remember hearing that in the police academy." BOOM - case dismissed on qualified immunity. Ignorance of the law is no excuse unless you are a cop. this. plus, they have guns. and tasers and pepper spray. and billy clubs. |
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Posted: 7/26/2013 6:19:53 PM EDT
[#20]
I have been chased out of more fishing spots than I can remember. The older I got the more I learned the laws.
Now I have a few Fwc officer's numbers in my phone so I can verify any discrepancy. Remember many officers move to Florida and fail to learn the local laws. |
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Posted: 7/26/2013 6:25:59 PM EDT
[#21]
Quote HistoryQuoted:
diving rights in the indian river lagoon... ive been told and friends have been cited for diving between two bridges that are over a mile apart... the kicker you can also be cited for diving south of the bridge beyond the standard 100yds thats spelled out in the FAC's. officer told us now you cant even dive "West" of the channel south of the bridge period... well the river is pretty fucking long and not allowed to dive west of the channel is ludicrous. weve got sheriff, FWC, and coast guard in on this shenanigans Quote HistoryQuoted:
Quoted:
Woah... Wait!!!! I want to hear more about this.... I know where this is going and myself and the RFA have had a field day with JSO and a few companies that think fishermen in boats can't fish near their property... Ok spill it buddy... diving rights in the indian river lagoon... ive been told and friends have been cited for diving between two bridges that are over a mile apart... the kicker you can also be cited for diving south of the bridge beyond the standard 100yds thats spelled out in the FAC's. officer told us now you cant even dive "West" of the channel south of the bridge period... well the river is pretty fucking long and not allowed to dive west of the channel is ludicrous. weve got sheriff, FWC, and coast guard in on this shenanigans When the citations were disputed, what did the judge say? |
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