johnbyronkuhner.com

About six weeks ago, I walked along on old woods road, out of sight of any man or building, and on my return to the main road, was met by two police officers, one of whom carried an M-16.  They knew my name and where I lived, and were looking for me.  Apparently the owner of the property at the end of the main road called them in because of my truck parked at the end of the road.

I informed the police officers that I had gone for a walk in the woods for love of them, and I consented to a search of my person and my vehicle, to make it clear that I was not intending on poaching on Department of Environmental Protection land (illegal hunting is one of the main concerns of the DEP police).  They took my pocketknife from me (though later did return it).  I also explained that I believed the road was used as a snowmobile trail during the winter, and hence was used for recreational purposes, and I had not entered the woods believing I was doing anything illegal.  I was given a summons.

Later I was arraigned for trespass, and last night I had the trial.  I was nervous; I was not going to hire a lawyer, which would be more expensive than any possible fine; of course the prospect of representing myself was a challenge.  The judge called me up and read a letter from the officer, asking that the charges be dropped “in the interest of justice.”  I did not ask if this was the officer’s conscience or convenience speaking - perhaps he did not want to bother with going to court to testify in so small a matter (he could choose not to show, though I could not) - I was merely relieved that the case of “the people of the State of New York vs. John Kuhner” had been resolved.  The charges were dropped and I walked out of the court.

It is worth thinking about, that this is the kind of society we are creating.  I know that the officer felt, the entire time, that what he was doing was in some way bogus; that he knew I was no threat, and that the law was not meant to harass people who walk in the woods.  And yet he did what he did, and gave me six weeks of legal worry.  The end result?  Fear on my part, of walking God’s earth for fear of offending the Law.

The episode is pure Thoreau, and I will let him finish the thought:

“It is true, we as yet take liberties and go across lots in most directions, but we naturally take fewer and fewer liberties every year, as we meet with more resistance.”