Legal Question in Criminal Law in Washington

I went for a walk the other night out in the dune grass at the beach. There's houses along the beach dunes. The particular beach approach I chose has a trail that goes between two houses on an easement. I walked around out there for a little while and was going back to the car and I got stopped by several officers. I was handcuffed, mirandized and then was searched. I was out on a nature walk on public property. I had several different types of fresh picked mushrooms in a sack in my coat pocket. After that i recieved a ticket with two counts criminal tresspass in the second degree. I went to court yesterday where I found out that they also want to charge me with a fellony for those unidentified mushrooms. I want to know if there existed sufficient evidence to warent my stop, arrest, and the emptying of all my pockets?


Asked on 12/06/12, 7:23 am

1 Answer from Attorneys
Stan Glisson Glisson & Morris

I would have to read the officer's version of the event to try and make any prediction about how a judge would view this incident.

Generally, they probably have a right to 'stop' you, to contact you. If they believe there was a trespass occurring, certainly they can arrest, frisk, and cite you.

The search of the bag is much more complex, and requires more than just the suspicion of trespassing.

But there is not enough information here to give a reliable answer. You should talk to an attorney who practices in the court where your case is charged.

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Answered on 12/06/12, 1:51 pm


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