Legal Question in Criminal Law in Washington

Re: Verbal criminal tresspass

This trespass action appears to be legal. Under Washington law, the act of exclusion from property is known as a civil trespass. Property owners can make a civil trespass against anybody they want unless it is done for an unlawful or discriminatory purpose (i.e. based on one�s race, religion, national origin, etc.).

Stealing from a store is a common reason for being trespassed, even if you were not caught and were only suspected. If you return to the property in violation of a civil trespass, you could be criminally prosecuted for Trespass 2nd degree (unlawful entry onto property generally) or Trespass 1st degree (unlawful entry into a building).

In your case, I would check whether the shopkeeper him or herself actually ordered the trespass or whether the police officer did. Usually the shopkeeper or owner tells the police that you�re trespassed and the police tell you. Sometimes people receive a written trespass notice from the store that states how they can be readmitted or perhaps appeal the trespass order. But exactly who ordered the trespass is important. If it was the cop who decided to trespass you, the trespass order may not be enforceable.

I recommend that you take no chances. If you�re not sure what happened send a polite letter to the shopkeeper and ask for a clarification. If you really did not steal from the store, the owner might be willing to let you back in the store beginning at some later date.