ATV Florida Forum

wut happens if u get caught riding wer its illegal

That typically depends on the officer who catches you and how many complaints the particular area you got caught riding in yields.

My advice..don't ride on illegal lands.


If it's posted NO TRESSPASSING, I think they can actually impound your quad, as it would be used in the commission of a crime. You might want to check with PBSODeputy who posts on here sometimes.

He's a fellow rider and he's also a law enforcement officer.

well i was caught on land that did not have a "no trespassing" sign and was givin a written tresspassing warning that i had to sign. nothing happened but if i get caught there again i get arrested. i dont ride on illegal lands so that wont be a problem, this was a place that everyone thought was all right and had been going to for a while, and there were no signs. the cop was friendly and understood that i wasnt aware that is was illegal to to ride there

I heard, that if there are trees, bushes, canals, barriers, barbwire - anything that can indicate as a buffer that separate land from common areas is considered no trespass.

I personally think this is BS.  Don't want anyone on your land - then post it no trespass.

Others say that if it doesn't say ( No Tresspass ) you can fight a ticket.

 :dunno.gif

so im curious as to how many people have a no tresspass sign in thier front yards?
maybe i should go through some neighborhoods and do some donuts in peoples front lawns....
you know, because there wasnt a sign....

Deputy Gibson (PBSO Deputy 4) is no longer on the ATV patrol. I don't think he comes on the board any more.

Crap!  I always appreciated his postings.

supposedly in brevard county you can get a ticket, your bike gets impounded, and the news said you could go to jail. now i dont know cause i dont ride on illegal property. my friends go out there all the time and wonder y i dont go. one of them posts on here but i wont mention any names. we only go to SE since it has been illegal.

Seems fairly simple, all property belongs to someone..so you either have permission to be there or not..prevent yourself some haeartache and check it out first.... ;D ;D ;D

Does your bike even have enough power to do doughnuts?

You're still riding that little plastic electric quad, right?

If you ride on someone elses property without permisison whether its posted or not it is technically considered trespassing. If it isn't properly posted, fenced or obviously used for ag purposes (including pine trees) then you would  get a trespass warning the first time.  The Pasco Sheriff's Dept. has been known to write warnings to people not even actually riding their bikes on others property. For example, my neighbor, we have a large track of woods behind us and a deputy came to his house while in the area for other riders and gave him a warning. Key word being warning.

TRX450R_Racer is partially correct....I transferred from the unit and currently patrol the Mecca Farms property. I'm still attached to the unit for search & rescue, as I still have a 4x4 and ATV.

I basically needed a break.....You have to remember, I ride in work mode. You guys/gals ride for fun. BIG difference. Years of dealing with the big picture can burn you out of even the best job. At this point, I'm not sure if the transfer is permanent or temporary.

In the meantime, I'll continue to help the sport by checking the board weekly and providing advice when I can.

Speaking of which, if the property in question is NOT properly posted, or fenced, or bordered by a canal, a Trespass Warning is issued if the owner requests trespass enforcement. Regardless of whether a property is posted or not, someone owns it....and if the owner hasn't granted permission for access, it's trespassing.

that was my point as well....  ;D

When your ready to lay down the cash let me know.... ;D

i wanna come watch this.

I for one appreciate it Thanks alot

me too.

Me too. Glad to see we have people like him on here.

Most definetly!

Dam and I thought those canals and barriers were table tops. Id better becareful.

its as simple as this ride where ever you want and have fu and its only illegal if you get cought. but make sure ridding wheer u want is worth getting in trouble if not dont ride there

I copied this in from another thread. It's my idiot proof test. Although, I am beginning to wonder if some folks might still screw it up..........

I keep reading these posts over the years and see that many folks have difficulty determining what is and what is not a legal riding area. After much thought and study, I've developed a test that anyone with 1/2 a brain can use to determine whether or not a place is legal for riding. Here goes!!!!

Legal Areas - 1. State or Federal owned land designated for ATV use with proper permitting as required; 2. Property you own in areas (municipalities, counties, etc.) that permit riding; and 3. Private property which the owner has given you express permission to ride upon, preferably in writing.

Illegal Areas - EVERYTHING ELSE. END OF STORY. NOT OPEN FOR INTERPRETATION, DISCUSSION OR ARGUE.

Apply this 100% correct and fool-proof test to your riding area determinations. If you do, you can't go wrong.   

I got caught...and they told me to stop riding and if they seen me again that they would take my bike

I WAS TOLD BY A CITY OF TAMPA POLICE OFFICER THAT PRIVAYE PROPERTY DOES NOT HAVE TO BE POSTED. HE SAID YOU`RE YARD DOES NOT HAVE SIGNS IN IT AND IF SOMEONE COMES IN IT WITHOUT PERMISSION YOU CAN CALL THE POLICE AND THEY CAN ISSUE A TRESSPASSING WARNING OR ARREST THEM. SO EVER SINCE THEN IF I DON`T HAVE PERMMISSION TO BE THERE I DON`T GO

As a LEO myself I wanted add something to this topic. A couple of members mentioned impounding your quad if you get caught because it was used in a crime. I think what is being asked is can the quad, truck, bike, etc be seized by the arresting agency and then turned over for forfeiture. Which simply means you will never see it again. The answer to the best of my knowledge is no, it cannot be seized for simple trespass. In order to lawfully seize a vehicle it would have had to be used in the commission of a felony. Simple trespass is not felony. However if an officer tries to stop you and you flee on your quad then that is fleeing and eluding and your quad could be seized. Other examples are weapons or drugs that the quad is being used to transport. Keep this in mind, if your are arrested for trespass and while sitting in the back of the patrol car you see a wrecker loading up your machine, truck, etc. more than likely they are simply towing it. Towing serves two purposes: 1) would you rather it be left alone in the woods? 2)It's an added expence for you and hopefully by the time you bail out, pay your court fines and pay for the tow you'll ride somewhere else. This is not to say that a judge can't impound your quad for a few days if found guilty of trespass, but to lose it forever, I don't see how.

FL Statutes for Burglary and Trespass:
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0810/titl0810.htm&StatuteYear=2006&Title=%2D%3E2006%2D%3EChapter%20810

I got caught the other day riding the powerlines in Hollister where the GP land used to be (now sold to some screwey land corp).  The PCSO officer told us just to get off the property but he could have taken us to jail and taken the quads :'(    That would have sucked.  I thought that the state owned the lands under powerlines, not corps.   I guess I was wrong.

My 2 cents on trespassing:

Some officers like to act like they have more power then they really have. The truth is that you have to be asked to leave by the property owner or an officer before a trespass citation can be issued providing you didn't break and enter the property, cause damage or commit a crime. An officer can issue a written warning so In the future If you are caught on the property you may be arrested, but most don't want to deal with the paperwork. Posted signs are useless, unless they are 20' long, lighted, written in 10 languages and posted every 10 feet around the property they don't really mean sh*t.

Now, Is it right to knowingly trespass? No, not really. Why do we do it? Because there is nowhere to ride legal anymore. Some of us are respectful when we are committing our trespass, we pick up our trash and don't mess with there equipment. Others screw things up by dumping there water bottles, beer cans and food wrappers where ever they want, which in return pisses the property owner off to where they go out of their way to either try to block entrances or alert the local police about the problem. If it wasn't for the morons who don't care, the property owners would probably never know that we were there.

A prime example of people who don't care.... take a look at the parking areas at Holey Lands.

I read these posts and one question keeps popping into my head.

If you don't have a place to ride anywhere near your home, and/or you don't plan on traveling to ride, why would you buy a bike? It makes as much sense as me buying a snow mobile. I mean, sure I'd probably love to ride one but where would I ride it. Moreover, if I bought one and then complained that there was no place for me to ride it, I'd look like an idiot.

Just a casual observation.

 :lecture.gif :lecture.gif :lecture.gif

That's interesting, makes it sound like you prefer only riding where it's legal.

hmmm


http://www.atvflorida.com/forum/index.php/topic,20001.msg253115.html#msg253115
Your friends say that's an illegal spot.

Actually, we've got permission to ride there.  So nanny nanny boo boo!!

Ha ha ha.

Thanks for the info.

trespass is a misdemeanor and not an arrestable offense.They cannot legally tow your vehicle unless used in the comission of a felony.Of course we all know cops dont always act within the law and also cops lie.so its best to outrun them and dont look back or stay in legal areas.fleeing and eluding is a felony so dont do the crime if you cant do the time,or if you cant afford a good lawyer.Its all about the money.Cops are like any other group ,you got reasonble ones and you got buttheads.just hope you get a good one if caught.A large portion of pbso are cowboys but they can be bought so carry donuts for them.get one of those  metal tags they give to all their family members to save them tickets.But you gotta either be a cop or bribe one to get it.Its worth every donut .

lmfao :D thats straitup i agree w/ ^

metal tags?

lol, From who?

mainly the only places are ride are illegal............ if you cant out run the cops that sucks i havve never got caught ;D ;D i have been chased many a time in my day