1. DHCP.
2. Nothing would stop you, unless the connection requires a password. These are not generally expensive pay services. They may require you to be a customer, though. Some places have absolutely no restrictions. Take you laptop to an Apple store and sit outside. There are others that provide this free service as well.
3. Same as above. Some people don't care and let others use their bandwidth. Others just don't know that this is even possible and never enable encryption. As far as detection goes, the general way of thinking goes like this: If from the former set, then they are openly sharing and don't care who uses it. If the latter, they probably also don't know how to monitor their network and see who's using it either. So either way it probably won't be a problem. HOWEVER, I strongly suggest trying to figure out who belongs to an open wireless signal and determining which group they belong to. If they are clueless, it would be very cool to educate them on wireless encryption.