Washington State Patrol records related to trespass warnings
I requested all records from the Washington State Patrol pertaining to trespass warnings, specifically: 1) what grounds an officer can and/or will issue a trespass warning; 2) what laws, rules or case law provide authority to issue trespass warnings; 3) what recourse citizens have against trespass warnings issued by the Washington State Patrol; and 4) the appeals process for trespass warnings. I received a cover letter and 15 pages of records -- all pages are included below.
None of this stuff answers my basic question: how does one challenge these trespass warnings. The state patrol has no records about how a citizen may appeal this blacklisting. They also have no records on what law grants them the authority to issue these warnings, to ban citizens from public parks without due process.
Here is a description of the pages, with links to the page below.
- Page 1 - cover letter
- Pages 2, 3 - WSP arrest procedures - section B.1.b(6) mentions criminal trespass.
- Pages 4, 5, 6, 7, 8, 9 - WSP policies regarding strikes and labor disputes.
- Pages 10, 11, 12, 13 - WSP policies regarding verbal warnings, written warnings, and infraction notices. I believe Officer Woods violated 19.02.010 1.A.3 by issuing me an imcomplete and innacurate notice of infraction.
- Page 14 - RCW 9A.52.070 Criminal trespass in the first degree.
- Page 15 - RCW 9A.52.080 Criminal trespass in the second degree.
- Page 16 - RCW 9A.52.090 Criminal trespass - defenses. I may be able to enter the park under RCW 9A.52.090(2) since Heritage Park is open to the public and I comply with all lawful condictions imposed on access to or remaining in the park. I consider the trespass warning to be an unlawful condition, but I'm not willing to gamble on this opinion.
