[Grizz]

check out this thread at highlifter..<a href="http://www.highlifter.com/forum/m_15182" target="_blank">http://www.highlifter.com/forum/m_15182 ... tm#1520547</a>



We got busted Sat night/Sunday morning at 5A on Maytown road exits. They put a helicopter up at midnight and started watching everyone on the property. They would let wildlife officers know when people were headed out towards the exits. They were sitting in the dark by our trucks and then flipped on the lights and said freeze, put your hands up! They said, we are gonna search you, your bike, and your truck. They also called K9 patrol to the property. We all got tresspassing warnings and some citations for other things that we now have to go to court for. Saw several people that were arrested for DUI and taken straight to jail. They had us there from 1:30 until 4:30 in the morning doing everyones paperwork. Don't know how they can do that, cause there aint a single sign out there for no tresspassing!

Just wanna say thanks to the dumba$$e$ who bring stolen cars to the property and burn them.

We are all paying for your behavior!

 

[beaner]

That sucks!!!!

 

[Robb]

that doesnt sound good, but...they were on the Maytown exit, where you have to ride on the paved street to get into 5A, chances are, these guys were doing stupid stuff, riding on the streets, etc.

Edit: I just read the post on HL and see that MudMagnet posted it, he seems a good guy, and post on here too, if you are reading this, is there anything more to this story??? Doesnt quite make sense to me.

 

[natedizzer]

**** that sucks.....

 

[Defender Bob]

What exactly is 5A? Is it just some good trails by a highway or something? I have read alot about it.

 

[Rincon 650]

Vrey large piece of property that leads to St Johns River Water Management area...Great trails, LOTS of mud lakes, dikes to ride on...ect. What a shame, I have ridden out there since the early 1980's.

And I agree with the quote...We need to be careful what we drag out and how we leave property that we ride... $hit like this can happen anywhere..Definately have a great time and ride safe but leave it like you found it.

Well...another good riding place shot..

 

[Truegrit]

Maybe you can shed some light on this for me Rincon650 or even POPO700. What justification do these officers have to search you? Are they using the excuse that the ATVrs could be poaching? Does trespassing in an unihabited wooded area justify a blanket search of everyone leaving?

I'm not saying its right or wrong, there is no excuse for DUI's or other improper activities, just looking for some info from some one w/ "insight"

 

[ForeWOMAN450]

Well, I know that Shane (POPO700) spoke to the SHeriff's department down there last year when all this talk started up about them trespassing people out of there. And, that officer told him that there are too many different property owners and no marked surveys of who owns what out there so they cannot enforce a trespassing unless the owner is there and can prove his piece of property. They also said that anyone out on the "road" can be arrested but not in the woods. I don't know about the search, but I would assume you would have to "agree" to the search or they have to get a warrant or the dog to sniff for a reason to search. But Mudmagnet is an up front guy so I don't know! I don't think he would have any reason to make this stuff up! Wonder if people on the 5A side had any trouble?

 

[Rincon 650]

I agree... The law states that a search incident to arrest is not consentual...meaning that once a charge is substanciated ( or if you are placed under arrest...FOR ANYTHING ) they can search you against your will.. Terry vs Ohio... ( case law ) states that any officer that comes in contact wth you can do a " pat down search " for weapons for the safety of the officer and the suspect...weather you agree or not. Should he find something that his training and experience can say is illegal, then that is admissable in court. Should he just shove his hand in your pocket, or just look in the ATV bag without a warrant and find a kilo of cocaine, beings that the search is illegal ( fruits of the poisonous tree ) meaning that once the piont of an illegal search has been committed, then everything found after this is considered an illegal search and will be thrown out.

Sorry for the run on sentence...but in conclusion, if they had a right to detain you ( and you are no longer free to leave )and had ANY charges on you, then the search was legal. I do not know in reference to the trespass charges. And YES...proper posting of the " No Trespass " signs needed to be in place for charges to stick. Now, not saying that they are arresting people and know that they will loose it and doing it anyways. There are A$$ Hole Cops that go over the line out there..

This would be no different than you pulling up to 7-11 and seeing the handicap sign in front of the parking spot.. Law states that it must be properly marked in front of the spot on a sign 6 feet off of the ground ..AS WELL as painted on the ground. If it is not painted on the ground, It is not a legal,and inforceable handicap spot. Not to say that someone wont cite you for it, but you will win it in court.

SORRY again, but just trying to help ya'll....and sorry ya'll got popped.. Let me know if I can help ya'll in any other way

 

[Rincon 650]

Hope that helps Truegrit... I will PM you with my cell number if you have any other questions that will help the HondaForeman riders.. Or get with PoPo700. I did not catch the " PoPo ", name, now I know what it stands for. He can help as well.. Good luck.. Truegrit..store the number in your cell and call anytime..

 

[ForeWOMAN450]

QUOTE ("Rincon 650":27elzouc)

Hope that helps Truegrit... I will PM you with my cell number if you have any other questions that will help the HondaForeman riders.. Or get with PoPo700. I did not catch the " PoPo ", name, now I know what it stands for. He can help as well.. Good luck.. Truegrit..store the number in your cell and call anytime..

Actually the POPO has a dual meaning since he rides a POlaris!

 

[Rincon 650]

Gotcha...Is the other meaning accurate? with occupation?

 

[ForeWOMAN450]

QUOTE ("Rincon 650":3gg2r679)

Gotcha...Is the other meaning accurate? with occupation?

Yep!

 

[Rincon 650]

Gotcha... Tell him hey and be careful. Ya'll have fun at Mudfest and look forward to the pic and videos.

 

[ForeWOMAN450]

QUOTE ("Rincon 650":3lf4b7bw)

Gotcha... Tell him hey and be careful. Ya'll have fun at Mudfest and look forward to the pic and videos.

I'll be busy getting some pictures for ya and hopefully post them Monday!

 

[Rincon 650]

Look forward to it. Have fun..

 

[mudd_magnet]

5A

No, we never road on the paved road. Our trucks were parked on the property in the turn around area at the second entrance on Maytown road. We had just come from racoon pass and were going to our trucks to leave when we got jumped. As far as I know they were at the 5A parking lot side too, because the helicopter was flying over there a lot. Officers said that they were there because new land owners made complaints.

 

[Rincon 650]

Does anyone know if the " owners " were present at the time of the stop or being trespassed?. A complaint can not just be called in and not show up. If someone was trespassing on the property and was stopped by the police, the owner is the victim and would have to had been there to sign the trespass affidavit. The police can not trespass in someone elses behalf unles a " letter of authority " is in place. This is when the owner writes and signs a letter giving the police the authority to trespass someone without the victim being there.

This would be like someone breaking into your house and me calling it into the police dept. I can not sign or press charges against someone when it is not my house/property. I am not the victim, you are. I can not report YOUR car stolen... Get what I am saying ?

Just trying to help out as much as I can guys....Sorry for my 2 cents..

 

[natedizzer]

Rincon650, are you a lawyer or the master of "GOOGLE IT"?....haha

 

[Robb]

hes the police!