Cowlitz Co. Sheriff answers Weyco permit questions:

[fireweed]

These questions were posed to sheriff Nelson regarding the co-operative agreement between Weyco and Cowlitz co. where the timber company pays the county for the costs of a deputy to patrol Weyco land.

1.  Will deputies monitor and enforce the permit system?  No. We will respond to trespass complaints made by the company, but we will not enforce any company permit rule. It is just that; a rule, not a law.

2.     Will they issue trespassing tickets on Weyco's behest?  As with any private property owner, if someone is trespassing on their property, are asked to leave and refuse to do so, they may be arrested for criminal trespass.

3.     Will they ask for permits, identification, family relationships, and under what circumstances?  This is a somewhat confusing question. If a deputy has reason to contact someone, the deputy will commonly ask for identification. A question may be asked about a person’s permit to determine if they are there legally, or not, but the deputy will depend on Weyco personnel to ask anyone to leave.

4.     Can they randomly check someone for a permit on the assumption they are breaking corporate policy (trespassing?).  Patrolling deputies will not randomly check someone for a permit. We will assume that anyone contacted is there legally, unless evidence is discovered that shows it is not so.

5.     What about the other list of Weyco access rules--if someone doesn't follow one of these rules are they also "trespassers"?  Deputies are not there to enforce Weyco rules. They are there to provide peace, safety and investigate any criminal activity that might occur in their patrol area.

6.     Can deputies enforce rules like you must carry a shovel?  Again, deputies will not enforce company rules, only violations of state law.

7.     Will they use cameras to monitor Weyco land for non-compliance to corporate rules?  We will not use cameras in any capacity which we would not use them during our normal operations, such as surveillance of an area that has been vandalized, or items stolen, etc.

8.     What about the hour  limitations, which was brought up last night's public meeting? Our patrols are scheduled/funded for days and hours as requested by Weyco.

9.     They also have a rule that recreationists must access the land from only certain gates?  If they come in from a different area, are they also trespassers.  Again, this is a company rule, not a crime.

10.  Are all court costs covered by Weyco for violations of breaking their policy?  What costs, in this whole process, is the tax payer on the hook for?

 Again, we will only be enforcing crimes that occur in our presence, or we develop probable cause for, just like every day. The contract with Weyco is clear: The Sheriff’s Office agrees to provide a deputy sheriff and vehicle to patrol Weyco owned timberlands. Our job is to perform all general duties of patrol including enforcement of criminal law, investigation of criminal acts, vehicular collisions, transport of arrestees, and all other activities the county currently performs. Additionally, the deputy is not restricted to Weyco property, but is expected to respond off property to any emergency, as necessary. If the deputy is called away, Weyco will not be billed for the time off property.

I hope I have answered your questions to your satisfaction. If not, please feel free to contact me.

Respectfully,

Sheriff Mark Nelson

[pianoman9701]

I like county sheriffs. They seem the most in tune with individual liberties/rights. Nelson seems to be alike in that regard. Good for you guys in Cowlitz.

[bigtex]

I like county sheriffs. They seem the most in tune with individual liberties/rights. Nelson seems to be alike in that regard. Good for you guys in Cowlitz.

And that is the Cowlitz County Sheriff's views. I know some other sheriff's in WA who would answer these questions differently 

[fireweed]

I like county sheriffs. They seem the most in tune with individual liberties/rights. Nelson seems to be alike in that regard. Good for you guys in Cowlitz.

And that is the Cowlitz County Sheriff's views. I know some other sheriff's in WA who would answer these questions differently 

Can you get their answers and post them?

[pianoman9701]

I like county sheriffs. They seem the most in tune with individual liberties/rights. Nelson seems to be alike in that regard. Good for you guys in Cowlitz.

And that is the Cowlitz County Sheriff's views. I know some other sheriff's in WA who would answer these questions differently 

My comment was more general with regards to the observation of our rights and liberties by the county sheriffs. I spoke with the Clark Co. Sheriff regarding the release of personal information to the feds on conceal permits and background checks. He confirmed that our state laws say the he's not required to furnish such information and he said he personally wouldn't do it, regardless. I've questioned each of the four candidates running for sheriff here in Clark Co. and all responded in a like manner with the exception of Shane Gardner , who never responded at all. I'd like to get his response, seeing that he seems to be the top runner for the seat being vacated by Sheriff Lucas.

[bigtex]

I like county sheriffs. They seem the most in tune with individual liberties/rights. Nelson seems to be alike in that regard. Good for you guys in Cowlitz.

And that is the Cowlitz County Sheriff's views. I know some other sheriff's in WA who would answer these questions differently 

Can you get their answers and post them?

I'll send a few emails but I know from personal experiences that some of Nelson's "no we can't do that/enforce that" answers are not the same with other counties/agencies. Trespass charges can be brought against someone who is violating a company policy, even though Nelson says they won't. Maybe his deputies won't, but other agencies patrolling those same lands will.

Need to remember that you can have county sheriff's, WDFW, and State Patrol patrolling private timberlands across the state. These agencies have contracts with the landowners to provide staffing on those lands. Additionally you can have even DNR and USFS Officers patrolling private timberlands if they're deputized with one of the above agencies. So while a Cowlitz County Deputy may not cite you for something, doesn't mean a WDFW or WSP Officer won't.

Never base an answer that an agency won't enforce something and think your okay to get away with it, because you never know what agency the officer behind you works for. 

[Elkaholic daWg]

But which ones are  granted the authority by the state constitution......That would be a short list there.

[bigtex]

But which ones are  granted the authority by the state constitution......That would be a short list there.

Try using that one in court to try to get out of a ticket issued by a state officer....

[Elkaholic daWg]

But which ones are  granted the authority by the state constitution......That would be a short list there.

Try using that one in court to try to get out of a ticket issued by a state officer....

IF and when I ever get cited I will............ While your laughing what does the oath of office state?

[fireweed]

The sheriff also said he was having a follow-up meeting with Weyco to go over this, and may post a Q & A on the departments website and facebook with similar questions.

[floatinghat]

Interesting reply to this question

"2.     Will they issue trespassing tickets on Weyco's behest?  As with any private property owner, if someone is trespassing on their property, are asked to leave and refuse to do so, they may be arrested for criminal trespass."

[bigtex]

Interesting reply to this question

"2.     Will they issue trespassing tickets on Weyco's behest?  As with any private property owner, if someone is trespassing on their property, are asked to leave and refuse to do so, they may be arrested for criminal trespass."

I want to clarify the meaning of "arrested." In WA if you are simply handed a citation for something you have been "arrested." So it doesn't mean you need to have cuffs on and taken to jail.

[floatinghat]

Interesting reply to this question

"2.     Will they issue trespassing tickets on Weyco's behest?  As with any private property owner, if someone is trespassing on their property, are asked to leave and refuse to do so, they may be arrested for criminal trespass."

I want to clarify the meaning of "arrested." In WA if you are simply handed a citation for something you have been "arrested." So it doesn't mean you need to have cuffs on and taken to jail.

Thanks for the clarification, I suspected that might be the case.  However, does that mean the trespasser has to refuse leaving if asked?