The man known as the naked rambler is poised to cross the Border into England within the next 24 hours after more than six years in and out of prison in Scotland.
Stephen Gough, 53, was spotted walking on the A7 south of Abbotsford House in the Borders yesterday afternoon.
Mr Gough, who was released from Saughton Prison on Friday after being convicted of breach of the peace, said his aim was to return to his home in Hampshire following multiple stints in solitary confinement.
Lothian and Borders police said they would only arrest Mr Gough during his travels to England if it was in the public interest to do so.
The naked rambler spent the weekend in the Cardrona Forest area of Peebles and appeared to cover at least 20 miles on foot yesterday.
One local said: "I saw him in the Cardrona area over the weekend but since then haven't seed hide nor hair of him. We saw him on the road heading south near Leadburn – or should I say we saw what he was not wearing.
"There were people waving at him and taking photographs, so I think he is really just a novelty to most people. If he was walking by a school or upsetting people I think it would be a different matter."
Lothian and Borders Police said a "degree of discretion" would be exercised in the case of Mr Gough following the recurring legal action against him.
A spokeswoman said: "The police have a duty to uphold the law but it also important to act according to the public interest. In the event that, following Mr Gough's release from prison, we receive a complaint from the public we will deal with it proportionately while exercising a degree of discretion if the circumstances permit."
Mr Gough was convicted of breach of the peace last month after walking naked past a children's play park in Dunfermline.
He claims his nudity is freedom of expression.
Mr Gough, a former Marine, plans to cross the Border near the village of Kersehopefoot by the end of today, and facing another 400 miles on the road until he arrives home.
Northumbria Police said they could not comment on whether Mr Gough would face arrest if seen naked in a public place once he has crossed the Border.
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