Dalton - good point on the trespassing side. That touches some of the reasoning for why I asked my previous question - if being dropped off by boat directly into the water below the high water mark would technically be legal. Although one can make a completely reasonable assumption that someone fishing/wading in that spot entered from Park land, the officer would be writing a citation without actually knowing a violation occurred if he did not physically witness that person crossing the high water mark from the Park into the Potomac. I don't necessarily recommend using this as a defense, since I'm sure the judge would simply ask "well, did you enter from Park land?" and I'm not sure if/how attempting to exercise your 5th Amendment rights would work in this case.
On Tue, Jun 4, 2013 at 4:30 PM, Dalton Terrell <daltonbterrell@gmail.com> wrote:
I think Victor's lawyering is exactly what is needed in the short term to help clarify this wading issue. Obviously in the longer term, we should advocate for less ambiguity in the statutes, increased safe wading access and better education of the NPS police officers.On the trespassing issue, I do not believe that Remick was actually trespassing in the park at the moment the officer approached him if he was below the high water mark, which is probably why he didn't receive a ticket for this. The judge certainly cannot bring an additional charge of trespassing while Remick is in court.Dalton--To view this discussion on the web visit https://groups.google.com/d/msgid/tidal-potomac-fly-rodders/7aa49921-10fa-4538-b2a3-4c4f60c07635%40googlegroups.com?hl=en-US.
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