Attorney Leed and Tweeters,
This is what the RCW says and that's all I know about it.

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.


[1979 ex.s. c 244 ? 13; 1975 1st ex.s. c 260 ? 9A.52.080.]

RCW 9A.52.090
Criminal trespass - Defenses.


In any prosecution under RCW 9A.52.070 and 9A.52.080, it is a defense that:

(1) A building involved in an offense under RCW 9A.52.070 was abandoned; or

(2) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or

(3) The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain; or

(4) The actor was attempting to serve legal process which includes any document required or allowed to be served upon persons or property, by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States. This defense applies only if the actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process.


[1986 c 219 ? 2; 1975 1st ex.s. c 260 ? 9A.52.090.]



Dennis Rockwell
Kennewick, WA
dennrockwell at surfbest.net


----- Original Message -----
From: "Roger M. Leed" <rmleed at pipeline.com>
To: "'Dennis Rockwell'" <dennrockwell at surfbest.net>; "'tweeters'" <tweeters at u.washington.edu>
Sent: Thursday, June 28, 2007 12:45 PM
Subject: RE: [Tweeters] Reecer Creek Warning


>I must disagree. Many private landowners freely permit the public to have
> access to their property. A property is posted in order to show the implied
> permission has been withdrawn. Likewise, a gated fence shows an intent to
> exclude. Remember the open range? Therefore, vacant private forest or
> range land is generally available for public use unless posted otherwise.
> Property owners are not necessarily aware of these rules, and some may
> refuse to abide by them, so I am not encouraging birders to argue with a
> property owner. Nor should anyone disregard a "No Trespassing" sign. But
> you are not violating the law, or committing a crime, by going on vacant,
> open, unposted private land for the purpose of looking for birds. Don't do
> any damage, of course.
>
> Roger M. Leed
> Law Offices of R. M. Leed P.S.
> 1826 E. Hamlin St.
> Seattle, WA 98112-2006
> (206) 443-9911
> fax: (206) 330-2131
>
>
> -----Original Message-----
> From: Dennis Rockwell [mailto:dennrockwell at surfbest.net]
> Sent: Wednesday, June 27, 2007 6:28 PM
> To: tweeters
> Subject: Re: [Tweeters] Reecer Creek Warning
>
> Tweeters,
>
> I'll add to Mike's comment: ALL LAND is private unless otherwise posted.
> Private property owners are under NO OBLIGATION to build fences or post
> signs notifying the general public that trespassing is prohibited on private
> property - entry onto ANY land that is not public is trespassing unless you
> a warrent or specific permission of the property owner/s. On the other
> hand, if you are on a public right-of-way and aren't blocking traffic, etc.,
> you have a perfect right to be there.
> I have had cranky self-proclaimed property owners try to tell me that I
> couldn't stand on the shoulder of a public road and look onto private
> property to view birds, etc. Those of you who know me best can guess how I
> reacted to that suggestion.
>
> Dennis Rockwell
> Kennewick, WA
> dennrockwell at surfbest.net
>
>
> ----- Original Message -----
> From: "mike denny" <m.denny at charter.net>
> To: "tweeters" <tweeters at u.washington.edu>; "Grant Hendrickson"
> <granth1 at comcast.net>
> Sent: Tuesday, June 26, 2007 5:06 PM
> Subject: Re: [Tweeters] Reecer Creek Warning
>
>
>> Hello Grant,
>> Were you along Reser Creek southeast of Walla Walla? Were you off the road
>
>> out in a field or along side a field? All land in Walla Walla County is
>> private land unless otherwise posted.
>> Later Mike
>>
>> ********************************************************************
>> Mike & MerryLynn Denny
>> 1354 S. E. Central Ave.
>> College Place, WA 99324
>> 509.529.0080 (h)
>>
>> IF YOU HAVEN'T BEEN BIRDING, YOU HAVEN'T LIVED!
>> *******************************************************************
>>
>> _______________________________________________
>> Tweeters mailing list
>> Tweeters at u.washington.edu
>> http://mailman1.u.washington.edu/mailman/listinfo/tweeters
>
>
>