Lante
Regular Member
imported post
Ok enough! :banghead: Being one who issues criminal trespass warnings, removes people from buildings where they are either not wanted or not permitted to be, and who has worked with law enforcement officers for 23 years to resolve criminal trespass issues for private property owners, and their representatives, the ad hoc discussions, and mis-information on this issue has driven me to distraction.
Here is the law, the way it works in 99% of WA cities (I have never found one that is the exception but there has got to be one out there).
Here is how this works.
Hopefully this clears up some of the confusion.
Ok enough! :banghead: Being one who issues criminal trespass warnings, removes people from buildings where they are either not wanted or not permitted to be, and who has worked with law enforcement officers for 23 years to resolve criminal trespass issues for private property owners, and their representatives, the ad hoc discussions, and mis-information on this issue has driven me to distraction.
Here is the law, the way it works in 99% of WA cities (I have never found one that is the exception but there has got to be one out there).
If I (or anyone else from the business), asks you to leave, that is our right. The position of the person asking comes into play with how seriously the responding officer takes the complaint. (ie credibility). HOWEVER being "trespassed" from a building is NOT a criminal offense. No fine, no jail nothing. Being Trespassed is not Criminal Trespass...RCW 9A.52.070 Criminal trespass in the first degree. (1) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building. (2) Criminal trespass in the first degree is a gross misdemeanor.
RCW 9A.52.080 Criminal trespass in the second degree. (1) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree. (2) Criminal trespass in the second degree is a misdemeanor.
Here is how this works.
- Prior to you ever arriving at the store the Property management has signed a Criminal Trespass Agreement with the local law enforcement agency. (If they are pro active. Normally they will have a seemingly nonsensical sign posted somewhere saying "CRIMINAL TRESPASS PROHIBITED" - you think DUH!!! But this is your warning that they have an agreement with the local LEO's.)
- You enter the business and for whatever reason, the clerk doesn't like you and tells you to leave. You don't. No paperwork is filed. The LEO's are called.
- The position of the person asking you to be trespassed comes into play with how seriously the responding officer takes the complaint. (ie credibility). Short of a store manager or security officer being the requesting party the LEO will normally request you leave - end of story. If a manager or other direct Property Management Representative is asking, or you refuse the LEO's request then a Criminal Trespass Warning will be issued. If the store has a Criminal Trespass agreement with the local law enforcement agency the manager or security officer may also issue a Trespass warning. The Criminal Trespass Warning is some Pro Forma paperwork which you will sign, and often your photo will be taken. You will be warned that you will be in violation of the Criminal Trespass statutes if you return within X # of years. The Store will then keep this Criminal Trespass Warning on file - in case you return.
- So far NOTHING legally serious has occurred. You have simply been informed of the actual legal desire of the business.
- If you are looking for trouble, you return to the business within the period of time covered by the Criminal Trespass Warning. If you get recognized, the business now has the option of calling the LEO's and asking for your arrest under the statues quoted above. LEO's like their cases tidy. They like to see you or video of you, walking around the store - proving you were their of your own free will. At this time you may be cited for Criminal Trespass in the first or second degree.
Hopefully this clears up some of the confusion.