Was ask to get out of vehicle while camping in the National Forest

[C Horne]

What is the name of your state? Ms

THe officer did not id himself as a police officer. I have no warrants and my truck is perfectly legal. I have a legitimate right to camp where I was ad. In fact, I have been camping there off and on for 5 years and never had a problem.
Anyhow, I said I was "yelling", I was not (although I was definately annoyed and definately had a tone), especially when he put hand cuffs on me and then ask me for my drivers ID.
Although I didnt cuss, or say or do anything threatening.
I said, "I would get it but I am handcuffed."
He ask for permission to get it and I said no.
He let me out of the cuffs and I gave him my ID.
He checked it and like I said I clean.
I mentioned to him that he didnt identify himself as the police.
Then for about the third time he threaten to arrest me if I didnt basically shut up.
He then told me to
leave the campground because I was trust passing.
Which is not true.
In fact, there are day passes at the entry way to the campground.
I am guessing there probably isnt much I can do.
It just seems like the cop was kind of excessive especially since I was merely camping and there was no reason to roust me.

 

[ceara19]

What is the name of your state? Ms

THe officer did not id himself as a police officer.

Was he wearing a uniform? Badge? Driving a police car?

I have no warrants and my truck is perfectly legal.

Okay

I have a legitimate right to camp where I was ad. In fact, I have been camping there off and on for 5 years and never had a problem.

What makes you think that you had a legitimate right to camp there. Just because you did it in the past without problem doesn't mean that you are allowed to. If I walked up to you and put a bullet in your head but never got caught, I would still be a murderer and you'd still be dead.

Anyhow, I said I was "yelling", I was not (although I was definately annoyed and definately had a tone), especially when he put hand cuffs on me and then ask me for my drivers ID.

Sounds like the officer felt that your "tone" was threatening.

Although I didnt cuss, or say or do anything threatening.

Irrelevant.

I said, "I would get it but I am handcuffed."

As a general rule, it's a very bad idea to be a smart ass when your standing there in cuffs.

He ask for permission to get it and I said no.
He let me out of the cuffs and I gave him my ID.
He checked it and like I said I clean.

Okay

I mentioned to him that he didnt identify himself as the police.

Either you were already aware of the fact that he was a police officer or you thought it was perfectly normal for a random citizen to approach you, handcuff you and question you.

Then for about the third time he threaten to arrest me if I didnt basically shut up.

Did you heed his advice.
He then told me to

leave the campground because I was trust passing.
Which is not true.

What makes you so sure of that?

In fact, there are day passes at the entry way to the campground.

Did you have a daypass? Do you know what a DAYpass is?

I am guessing there probably isnt much I can do.

You're right.

It just seems like the cop was kind of excessive especially since I was merely camping and there was no reason to roust me.

No, as the officer plainly stated, you were TRESPASSING.

 

[AlanShore]

Great story!
Now usually when people post on this site that have a legal question...
it isn't story time.

 

[C Horne]

What makes you think that you had a legitimate right to camp there. Just because you did it in the past without problem doesn't mean that you are allowed to. If I walked up to you and put a bullet in your head but never got caught, I would still be a murderer and you'd still be dead.

I went to the ranger station and ask the rangers. Not only can one camp in designated areas for free but anywhere in the NF provided you are not within x number of feet of water. Google free camping or designated camping.

Either you were already aware of the fact that he was a police officer or you thought it was perfectly normal for a random citizen to approach you, handcuff you and question you.

a

I was asleep in the front seat of my truck, as I have done at least 500 times before without any hassle, when someone pointed a flashlight in my face and told me to get out of my vehicle.
He did not identify himself as a police officer.
I assumed he was but could not see him.
Besides he didnt have any reason to bother me.
When he yelled, he was the only one who was yelling BTW, I got out of the truck.
That is when I saw he was a officer of the law...although I am not sure what law he was enforcing since I was NOT doing anything ilegal.

No, as the officer plainly stated, you were TRESPASSING.

What are you basing this on?
I was not tresspassing I had a legitimate right to be there. Call up your local NF Ranger and ask.
That is my next step. That is to call the Ranger station and ask them.
My overall concern about this being able to go back to my camping spot and be able to camp in peace.

 

[AlanShore]

I was not tresspassing I had a legitimate right to be there. Call up your local NF Ranger and ask.

Do you or do you not have a legal question?

 

[CdwJava]

Okay - fine. Now, call his employer and complain about him.

Uh ... do you even know WHAT agency he worked for? Was he a park ranger? Or was he a sheriff's deputy? Maybe a game warden?

Aside from a complaint to his boss, what do you want to do?

- Carl

 

[David Jonathan]

so wait ... did you have a Day pass, or an overnight pass, or what?

If you had only a Day pass, they can kick you out after 10:00pm (at most parks)

Since you received no citation, just a warning to leave, there's really nothing you can do, so you'd better check what type of pass you need to obtain to be spending the night in the park.

--Dave.

 

[CdwJava]

Further, was it a marked/numbered camping area? If not, then it's likely you had no right to be there. There are also resident manager's lots, day use areas, parking areas, etc. all of which you have no right to be in.

- Carl

 

[ceara19]

I don't think sleeping in one's car is the same thing as camping.