Good intentions, but technically illegal

[gnbrotz]

I found myself unexpectedly in an undesirable situation this afternoon. I geocache as a hobby. One of the caches I have hidden for others to find had first been reported missing, but was subsequently found by someone who wasn't really looking for it (and not in it's original hiding place). Part of my responsibilities as a 'cache owner' is too see that it it maintained properly, which includes making sure it is where it is supposed to be.

To that end, my son and I took the description that had been provided to us and headed off to the woods. It's not unheard of for non-cachers to find caches from time to time, especially in areas like this one that sees many different types of recreational users. After finding the cache, we checked the contents before placing it back where it belonged. Guidelines prohibit items that are illegal and/or not 'family-friendly'. Upon inspection we removed a couple of items, placed by well-intentioned folks, but prohibited items nonetheless. One of these items was part of an umbrella stem that had been used to partake in some 'herbal inhalation therapy'.

As we headed back out to the car, it occurred to me that I was now in possession of both a firearm and "drug paraphernalia"....needless to say, not a position I wanted to be in. I made my way home and disposed of the item, but was quite concerned at what 'might have been' had I randomly found myself having an unexpected encounter with an LEO. Such things are not routine to me, but as we've seen time and again, when you least expect it, things can go real bad, real fast.

Would my explanation (backed by comments written in the geocache log book) have been enough to avoid being charged, or would this have to be argued in court? Is such a circumstance a 'defensible exception' to the law? If not, what would have been the legally advisable thing to do? Notify the police and escort them to the site so they could confiscate the item themselves?

[Skullz]

"No officer, I do not consent to a search of my person or of my vehicle."

Other than that, I'm not sure.

[SharpShooter88]

I believe it could go either way. They may just brush it off, confiscate the item and appreciate the fact that you were honest with them, or if someone just wants to be a PITA then you go to court after being detained and arrested and booked.

At least nothing happened. The better thing to do would probably to have been to call the police and inform them of the location of the item and see that they dispose of it. Then your ass would have been covered and there could have only been room for harrassment about your firearm which I know you were legally carrying. Use your knowledge and common sense next time. Just for future reference.

[rflynn]

I have a customer that had kind of the same story. He did get caught and went threw hell to get everything turned around. I believe that your best bet would to have had local law enforcement deal with it.

[gnbrotz]

I agree in hindsight that having them respond would have been the least 'legally risky' thing to do. I can only imagine the look on their faces when I pointed up the 45° incline through the rocks and brush to get to our goal and said, "It's only 1/3 of a mile". At that point, they may have been willing to say, "You go get it, I'll wait here".

[Swarner793]

It would be a stretch that a reasonable LEO would have charged you. Again, the operable phrase is reasonable. I believe if you were charged, your defense of being a caretaker for this program (?) would be sufficient. I ran for District Judge and lost so take that for wht it is worth

I work in Retail Security and years ago if I grabbed someone and they had paraphernalia, I would call City Police. It got to the point they would tell me just throw it out. Otherwise, they would have to do like a 3 page report. So I learned, if I was not prosecuting for the theft but they had para, I would just throw it out. Now, if they had weed or other drugs, I would prosecute.

Be safe.

Scott

[Steve in PA]

Well........if you end up being stopped by me, I'll understand. See, while I am a LEO.....I'm also a geocacher Team LPD

[gnbrotz]

Well........if you end up being stopped by me, I'll understand. See, while I am a LEO.....I'm also a geocacher Team LPD

Yeah, I think I remember that. I think I need to add you to my list of important numbers I carry with me! Unfortunately, I don't hide caches up your way, as the maintenance trips would take too damn much time!

[gf45acp]

Once again, maybe not the best, but how about picking the "part" up with a rag and throwing it as far as possible, and not have it on you.
Also, if someone is messing with your cache in that location maybe it would be a good idea to remove it before someone else gets into a problem unknowingly.

[P-11 shooter]

Haven't gone geocaching in a while.



I think if the cop wanted to be a real dick he could've raked you over the coals. However if stopped I think the best thing to do is keep your mouth shut and don't consent to any searches.

If it was me i'd probably burried the thing in the woods.



Could someone please explain the guns+drugs=5 years thing to me.

Is it only in the commission of a crime, or can they use it if someone has a pipe in ther house and a deer rifle in the closet?

What exactly are the implications of this?