Length of Stay in Jail

[LouYoung 0]

What's the longest you've stayed in jail for an infraction related to BASE? I think the guy who met up with the plate glass window spent 3 days in jail, right?

[TomAiello 26]

I believe the current record is held by Dennis M., at 90 days, for a bust on NPS land following a fatality.

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[SBCmac 0]

3 days in a Candian jail... Butter on a ham and cheese sandwich??? What the hell is that!!! Now that's torture... And if that wasn't bad enough, I shared a cell with this guy that was baked out of his skull and screamed all night because the voices in his head wouldn't stop... Oh, wait... Even better, when being booked, the strip search with the good old bend over and spread your cheeks gave me and idea of how much fun I was in for... Good times ...

BATMAN - (A.K.A. SBCmac ...)

[NickDG 23]

Yes, Dennis has the record, god bless him; he did the time for all of us that didn't get caught.

John Vincent is in second place, but he deserved it, and also the electric chair . . .

NickD BASE 194

[base570 1]

John Vincent got something like 90days also. Don't know if it was time served or not.

Personally, I was detained for about 4 hours in a Mexican jail in 2002. Definitely an eye opener! Mental note- don't get busted in Mexico!

I really don't think they can justify anything over 90 days unless some other crime was committed. And the longer sentences will only be handed down if you jump something of real significance, like a National monument. Glad no one was looking when I jumped!

Jason
570

[skypuppy 1]

I know it wasn't a base jump, but didn't sergio go to jail for jumping into the world series? How long?

If some old guy can do it then obviously it can't be very extreme. Otherwise he'd already be dead.
Bruce McConkey 'I thought we were gonna die, and I couldn't think of anyone

[murrays 0]

No Jail. Here is a post I made in Skydiving History and Trivia a while back. I have the newspaper clipping in an old log book...

The jumper's name was Michael Sergio, 37, a soap opera actor. He paid a $500 fine and did 100 hours of community service. Here is the sentencing order written by Justice Phyllis Flug... Which you will find familiar I'm sure...


'Twas game six of the series when out of the sky
Flew Sergio's parachute, a Mets banner held high
His goal was to spur our home team to success
Burst Beantown's ballon, claiming their Sox were the best.

The fans and the players cheered all they did see,
But not everyone present reacted with glee,
"Reckless endangerment" the DA spoke stern
"I recommend jail. There a lesson he'd learn"

Though the act proved harmless, on the field he didn't belong,
His trespass was sheer folly, and undeniably wrong.
But jail's not the answer in a case of this sort.
To balance the equities is the job of this court.

So a week before Christmas, here in the court,
I sentence defendant for interrupting a sport.
Community service and a fine you will pay.
Happy Holiday to all. And to all a good day.
--
Murray

--
Murray

"No tyranny is so irksome as petty tyranny: the officious demands of policemen, government clerks, and electromechanical gadgets." - Edward Abbey

[skypuppy 1]

Thanks Murray. I knew he didn't get jail for the crime, but I thought he might have spent time in the slammer for contempt before the trial because he wouldn't identify the pilot....

If some old guy can do it then obviously it can't be very extreme. Otherwise he'd already be dead.
Bruce McConkey 'I thought we were gonna die, and I couldn't think of anyone

[554 0]

Hmmmmm!!! Why are you asking

[LouYoung 0]

Quote

Hmmmmm!!! Why are you asking

Umm... just curious what I may be up against in the Joe Arpaio Socialist Republic in.. maybe the future for example.

You know, I may be somewhere and they may happen to send 6 cars and a helicopter after me and there may be no getting away. Just a hypothetical.

[cvfd1399 0]

Anyone know where Vincent is? He used to hang around Gold Coast DZ in Mississippi, but I haven't seen him in 2 months

[bertusgeert 1]

Say you jump something illegal, and no one knew or caught you. say the authorities then obtain video of this illegal jump, can they still penalize you for it in any way? jw....

---------------------------------------------
As jy dom is moet jy bloei!

[basehoundsam 0]

Absolutely............. you(not You....of course ) are retarded if you think that the DA doesn't appreciate you doing all of there evidence gathering for free. Post some video.... or even better a high quality photo of yourself jumping in a NPS area, and see what happens.


Jay Epstein Ramirez
www.AdrenalineExploits.com


P.S. 8 Weeks till fun in the sun ....................only 2 slots left per expedition ................... mmmmmmmmm ........ juicy video.... Homer likes..................I keep getting it mixed up .... is C2 a beverage ?????????

[DexterBase 1]

I already got busted, did the jail time, got the fine, involuntarily donated my gear to the NPS....

....

....Might as well post the video huh?

[TomAiello 26]

Quote

Say you jump something illegal, and no one knew or caught you. say the authorities then obtain video of this illegal jump, can they still penalize you for it in any way? jw....

Yes. I know three jumpers who were prosecuted solely on the strength of their own video (which was confiscated when they were apprehended, packing in a nearby park for another load).

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[FIREFLYR 0]

Ok...since we're on the topic of law...I have a few thoughts (in Question form).
If you walk onto a construction sight and climb and jump,no fence/open gate. no sign saying stay out. what did yiou do that was illegal?
if you live on the 20 floor and decide to jump off your balcony?
...what if you go to the roof instead?
what if you jump from a building where you just ate dinner?...you're expected to leave the building after you've eaten right? Why not through a window?
Thanks,
~J

"One flew East,and one flew West..............one flew over the cuckoo's nest"
"There's absolutely no excuse for the way I'm about to act"

[TomAiello 26]

Generally, if you have a legal right to be in a building, it's much harder to pin something on you. This is a good reason to eat in the restaurant (and save the receipt) or get a room.

If you're jumping from somewhere in the building you are legally entitled to be (hotel balcony, for example), the only thing you might get nailed on is some kind of reckless endangerment or public nuisance. If you have to go through a secure area to get to where you exit, you may still face some kind of trespassing. Much of the success of prosecution depends on how hard it was for you to get there. If you could plausibly wander there from public spaces, it's pretty hard to actually get you (not that you won't end up in court--you're just more likely to win once you're there).

Of course, the building management can always ask you to leave, or forbid you from entering again. Since some buildings share management, you may want to research what other buildings you'd be banned from if you got caught (this is particularly relevant when jumping big casinos).

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[base428 1]

Statute of limitations in National Parks is only 5 years. So feel free to post video of your Yosemite jump from 1999 or prior. This information was provided to me by a base jumping lawyer. Cya.

(c)2010 Vertical Visions. No unauthorized duplication permitted. <==For the media only

[DexterBase 1]

How are you or the bad guys... (cough)... er... NPS going to prove when the jump was made?

[base428 1]

Isn't the burden of proof on the NPS in this case? Sure, it's wouldn't be easy to discern from 1994 and 2004 jump video in the park. But things such as date stamps and the type of media used (DVD) would definately prove the date. I don't think it's anything we need to worry about, unless the NPS starts raiding houses and cars looking for miniDV tapes.

And since the NPS is probably reading this thread - let me say this...... I'll be jumping in your park legally one day (maybe not tomorrow, or next year, but definately before I die!)

(c)2010 Vertical Visions. No unauthorized duplication permitted. <==For the media only

[mr2mk1g 10]

Note to all before I say anything - these comments come from someone in the UK. Whilst there are significant commonalities between the US and UK legal systems, my comments may not be accurate in the US and most likely not at all accurate elsewhere outside the Commonwealth.

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If you walk onto a construction sight

In the UK, this is still trespass - you walked on their land thus you trespassed. There's no duty on the landowner to take steps to keep people out. The trespasser doesn't even need to know that they're on someone else’s land in order to commit trespass.

Trespass here is not illegal - it is only a civil wrong for which you can be sued by the landowner. Law enforcement agencies will not and cannot get involved.

Quote

if you live on the 20 floor and decide to jump off your balcony

If it's your building and you land on your land you've done nothing wrong, especially if there's no risk of you landing on anyone. You may find they want to throw all sorts of generalised public order offences at you for scaring people... they'd have a very weak case though and it's probably more of a scare tactic or done out of ignorance.

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what if you go to the roof instead?

Again, your building - no problem. If you're renting though either situation could cause you to be trespass and or breach the terms of your rental agreement. It would really depend on the terms of the agreement though. It’s highly unlikely a court would interpret any agreement as giving you access to the roof to jump though, and I’d put money on nothing specific being in the document its self.

Quote

what if you jump from a building where you just ate dinner?...

In the UK at least you only have permission to be on someone's property for certain reasons. If you walk into a shop with an intention to steal - you're trespassing. The shop doesn't give you permission to enter to steal - only to shop and pay. Similarly if you went to a restaurant intending to jump you'd be trespassing. The restaurant wouldn’t give you permission enter if you’d declared your intent.

Equally if you tried to say you only came up with the idea at the end of the meal then from that point on you would have been trespassing, just as would someone who only has the idea to steal when they see no security around. I would be surprised if this was not also the case in the US as it goes to the heart of the legal system you inherited from us... but nothings ever a given.

Again though, in the UK trespass is not actually illegal (unless you’re doing it armed or to commit an offence or from a railway – important knowledge if you’re looking at a nice viaduct).

I can't speak for your home jurisdiction.

[mr2mk1g 10]

The likelihood is they don’t have to prove exactly when the jump took place. “On or about” or in between certain dates would be close enough to get a conviction. The fact you were there when they picked you up and the date stamp on the footage would be highly incriminating.

That is of course as long as there’s no period during the year when it is legal to jump there – in which case it would be up to them to prove you had not done it then (once you'd raised the issue)... not to say that argument would be successful of course.

Also consider how they might be able to prove the footage from your first person camera view was actually shot by you... it could have been a friend or simply in the camera when you bought it the night before... again no guarantees of success.

[TomAiello 26]

Quote

Isn't the burden of proof on the NPS in this case? Sure, it's wouldn't be easy to discern from 1994 and 2004 jump video in the park. But things such as date stamps and the type of media used (DVD) would definately prove the date. I don't think it's anything we need to worry about, unless the NPS starts raiding houses and cars looking for miniDV tapes.

The Glacier Point Apron slide left noticeable marks on the valley wall and floor. Video shot by Carl Boenish (and others in the legal era) will not show the slide damage. It's clearly visible from the top of the big stone, and several other places in the Valley. As far as I know, it can't be seen from the other main exit.

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[TomAiello 26]

Trespass in the US can be either civil or criminal.

Generally, criminal trespass is only going to result in a slap on the wrist unless there are extra circumstances (prior offenses, especially at the same place, sensitive locations, you look arabic, you are trespassing on a nuclear facility, etc).

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[LouYoung 0]

Quote

If you walk onto a construction sight and climb and jump,no fence/open gate. no sign saying stay out. what did yiou do that was illegal?

It'll be different depending on where the construction site is. In AZ, if you walk into an area that isn't completely fenced and doesn't have any signs telling you to keep out, it'll only turn into trespassing if someone asks you to leave and you don't, and it'll be 3rd degree trespassing. If the area is completely fenced or there are signs around telling you to keep out, you'll get 2nd degree trespassing (fines and jail time go up, but they're both still misdemeanors). Carry some lock picks with you, or find yourself in a "critical public facility" (water treatment plant, electrical station, etc.), you're committing first degree trespassing which is a class 6 felony (up to 10 years and 150,000 dollars).

I did a little research on trespassing in Nevada and from what I could find (their statutes didn't seem to be as well organized) they don't have different levels of trespassing and far less verbiage explaining what it they consider trespassing, so it'll probably be open season in the court room. I didn't see any mention of a felony or what they call a gross misdemeanor in the text. I think all trespassing there is just your standard misdemeanor (10 days and 1,000 dollars max).