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WDFW Constitutional Trespass?

WDFW TRESPASS ON PRIVATE PROPERTY

RCW 77.12.154 Right of Entry

WDFW employees may enter upon any land or waters and remain there while performing their duties without liability for trespass.

WDFW CAN ENTER UPON YOUR PRIVATE PROPERTY ANYTIME AND REMAIN THERE WITHOUT LIABILITY
FOR TRESPASS
Without your permission, without probable cause and without a search warrant.

AND THIS IS CONSTITUTIONAL?

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Some guy named Dave wrote the following, in a know it all fashion,
For some reason, some folks seem to think that wildlife officers are jack-booted tyrants running rough-shod over the perception that some folks have that they can hunt, fish, cut timber, and destroy public lands as they see fit. They hate it when they get caught and the officer becomes the focal point of their tirade. Having worked in that arena for 30 years, I fully support full police authority for WDFW, DNR (soon to become WDFW) officers and State Park officers.

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WHY WOULD ANYONE THINK THAT WILDLIFE OFFICERS ARE JACKBOOT TYRANTS?

DEFINITION OF JACKBOOT
Harsh treatment, Military or other rule that is characterized by cruelty, oppression, or arbitrary aggression

WHEN IT CAN BE DOCUMENTED THAT THEY ARE?

THINK ABOUT THIS
You live in an isolated area…. on 20 acres of private property…you are home alone…. you are a senior citizen… your husband is gone….you look out your kitchen window…… there is a strange man walking around in your back yard…. he has walked several blocks into your private property, on your private road…
With your husband is gone…. what should you do?

IT HAPPENED TO MY SISTER – WHAT DID SHE DO?

SHE OWNS A GUN…

She went outside and confronted the TRESPASSER. “This is private property” “What are you doing here?”

The strangers response (he did not identify himself) was “I just wanted to see where this stream came from.”

She told him, “This is private property” and asked him to get off of her land.

So if you see some unknown guy, anytime, anywhere, A TOTAL stranger wandering around and trespassing IN YOUR BACKYARD, on your private property?

Without your permission, without probable cause and without a search warrant?

WHAT WILL YOU DO?

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HERE IS THE REST OF THE DOCUMENTED WDFW TRESPASS HISTORY
THIS IS WHAT YOU CAN DO?

In fact documented, in 2010, WDFW did trespass on every piece of property AROUND LAKE sUTHERLAND, And on every piece of private property from Lake Sutherland down and on both sides of Indian Creek to the Elwha River
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Sent: Saturday, February 05, 2011 6:38 PM
Subject: UPDATE ON CRIMINAL TRESPASS CHARGES

I have the following as evidence of, under Washington State RCW criminal trespass by the Dept. of fisheries and the Dept. of Transportation,

1. A phone call on 4/21/10 from John Marrs at Lake Sutherland, asking me about the two trespassers on the Rains Sr. Trust land.
When they were asked, who they were, they identified themselves as DFW employees. (My journals have been kept since 1999 and are admissible in court).

2. A copy of my email date 4/21/10 to Penny Warren at the DFW regarding the trespassers.

3. Penny Warrens DFW return e-mail to me regarding the trespassers on Rains Sr. Trust land dated 4/21/10, indicating that they were DFW employees, under contract by the DOT. She gave me the phone number for Dave Collins.

4. A documented phone message left for Dave Collins WSDOT on 4/21/10 requesting that he call me.(my journals)

5. A documented phone call from on 4/23/10 from Dave Collins WSDOT admitting that, (My journals)
The WSDOT was inspecting the culverts on Highway 101 for fish passage
yes, they were DFW employees,
yes, they were doing the mapping under contract to the DOT,
yes, they were mapping our unnamed stream/tributary into Lake Sutherland.
yes, they had put a biodegradable white tape in our stream,
yes, they had taken water samples
(the Rains Sr. Trust owns the water rights on that stream)

When I asked Dave Collins WSDOT why as Trustee of the Rains Sr. Trust I had not been contacted for permission?
Why DFW was not required to notify and get permission like Skagit County?

His response was, “Well we can’t just contact/notify every little land owner”.

I informed him that on 4/21/10 DFW was trespassing on 291 acres of Rains Sr. Trust land.

During that phone conversation, I asked him if, when and where other mappings of Rains Sr. Trust shorelines, rivers, creeks and streams had been done.
I asked him specifically about, the Dungeness River, Seiberts Creek, Bagley Creek and the Indian Valley Stream. His answer was, yes they had all been mapped by the DFW.

During our phone conversation on 4/23/10 I requested copies of the results for the unnamed stream a tributary of Lake Sutherland that DFW trespassed on and the unnamed stream a tributary of Indian Creek (the Rains Sr. Trust owns water rights on that stream)

Dave Collins WSDOT said he would send me copies of the reports when they had the results.

6. A copy of my email to Penny Warren DWF on 2/02/11 and her response.
Why after nearly a year I had not received the reports from Dave Collins?

7. A copy of Penny Warren’s email’s dated 2/03/11
Indicating that Dave Collins WSDOT, had the reports for Lake Sutherland and Indian Valley and would send them to me on 2/03/11.

8. I received the DWF 1 1/2 inch report on 02/05/11. The report covers all tributaries to the Elwha River starting at Lake Sutherland.
On Monday or Tuesday I will get an overlay transparency for the 2 self-incriminating maps provided by Dave Collins WSDOT to show how many criminal trespasses occurred by DFW and DOT on Rains Sr. and Stratton Trust land in 2010.

I forgot to mention streams or water on the Bolster and Longfellow’s property, but fortunately for me, both properties are on the DFW maps.

The Stratton Trust owns 1/2 of Bolster, 1/4 of Indian Valley and 1/4 of Longfellow property. and should be involved in the criminal complaint, filing of charges and putting pressure on Clallam County Commissioners and Prosecuting Attorney Deb Kelly to enforce State law.

FYI
Pearl

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02/07/11 meeting with Com. Mike Chapman and Sheriff William Benedict

All,
while it is still fresh in my mind.

I got maps from Tech. Jim (I can’t pronounce his last name) at the planning Dept., great guy, very helpful and spent $4.00 for maps.
The maps clearly show the DFW’s trespass on all streams, etc. on Trust land. The maps show blue lines as streams, blue lines are on all TRUST property #16 Bolster, # 19 Longfellow’s, # 20 Indian Valley, #17 and #18 on Lake Sutherland.

I met with Com. Mike Chapman.
I talked about private property owner’s that were absolutely intimidated in voicing their objections to the revised SMP.
That they were afraid to upset the state or county, in fear of retaliation, in the future, that would jeopardize their development and use of their property.

I showed Mike the 3 Planning Dept.’s stream maps, The 2 DFW’s maps, The blue lines where Trust property trespass had taken place and my summary sheet indicating the DFW mapping numbers. Mike asked if I was considering filing trespass charges? I told him that I was considering filing a complaint for criminal trespass with the Prosecuting Attorney Deb Kelly.

Mike said, I couldn’t do that, that I had to see Sheriff Benedict . Mike excused himself to have a mini meeting with the sheriff. He came back and reported that, I could not file a report of criminal trespass because the DFW was protected by some Tribal right and some federal thing’s.

I persisted and insisted that I wanted copies of the some’s of the thing’s under State and Federal law.

Which ended up in a full frontal conversation with Sheriff Benedict and Com. Mike Chapman.
It started off cordial enough, I mentioned that I had been a reserve on the Sheriff’s Dept when Steve Kern’s was Sheriff.
Then things turned a bit ugly, He asked, “Did you go through the reserve certification training?” I said “Yes, as the leiutenant in the reserve’s, I wrote the manual for the College certified class” (actually I just revised it).

It was all downhill after that. “I will not file charges!” then to the sheriff’s request, for Mike to look up the wording of criminal trespass, the sheriff couldn’t remember the RCW number, so I gave it to MIke, RCW 9A.52.080.

Then Mike was asked to look up and read the well buried exceptions. Then the Sheriff said I can’t file charges” because a law enforcement officer was not present to observe the trespass. ( so much for eye witnesses) who are used only when there is blood involved.

The discussion continued. The Sheriff did say, that anyone can file a complaint with the Prosecuting Attorney.
I showed him, very briefly, the maps and locations of the trespass’s. He told me to get a lawyer to write up the complaint, I said that I could write up the complaint with about 50 pieces of documented evidence.

He said something to the effect, “Well, I can’t sit around and argue about this”.

I said, there is no argument here, I understand perfectly everything that you said. You won’t do it! You can’t do it!, I can file a complaint with the prosecuting attorney and I can get an attorney, Thank you very much for your time.

At some point in the discussion, I mentioned that I had voted for him and Sheriff Benedict mentioned that I was very well informed and that he knows I may not vote for him in the future. We shook hands.

Not the end of the summary, Mike suggested I go down and volunteer for a position on the Citizen’s Advisory Committee for the updating of the SMP.

I met with Cathy Lear biologist for the Dept. of Community Development and I will be on, a yet unnamed committee, that will be allowed to read and offer opinion on all County up dates that are written for the updating of the SMP.

I have already made a comment and asked question’s? Why on every statement Clallam County makes and every publication they do?, is the last party mentioned always, the private property owner?

I guess I will have to look into our U.S. Constitutional right to privacy. Dad always used to win on one premise that was based on another.

FYI
Pearl

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RCW 77.12.154
Right of entry — Aircraft operated by department.
The director, fish and wildlife officers, ex officio fish and wildlife officers, and department employees may enter upon any land or waters and remain there while performing their duties without liability for trespass.

It is lawful for aircraft operated by the department to land and take off from the beaches or waters of the state.
[1998 c 190 § 71; 1983 1st ex.s. c 46 § 19; 1955 c 12 § 75.08.160. Prior: 1949 c 112 § 13; Rem. Supp. 1949 § 5780-212. Formerly RCW 75.08.160.]
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WA State law RCW77.12.154
WDFW employees may enter upon any land or waters and remain there while performing their duties without liability for trespass.

AND, WDFW did. Under an inter agency contract with WSDOT
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I sent this petition of redress to the WA State Attorney General’s office

CONSTITUTIONAL RIGHTS

Under the first amendment of the United States Constitution I, Pearl Rains Hewett Personal Representative and Trustee of the George C. Rains Sr. Trust
am petitioning for a governmental redress of the following grievances.

The First Amendment (Amendment I) to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law “respecting an establishment of religion”, impeding the free exercise of religion, infringing on the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.

THE DEPT. OF FISHERIES IS ABOVE WA STATE LAW RCW 9A.52.080
Under Washington State RCW 9A.52.080 criminal trespass, the Washington State Department of Fisheries and the Washington State Department of Transportation did knowingly, without permission, probable cause or a search warrant, trespass on the private property of George C. Rains Sr. Trust land.

THE DEPT OF FISHERIES IS PROTECTED BY WA STATE LAW RCW 77.12.154

CRIMINAL AND CIVIL TRESPASS DOES NOT APPLY TO GOVERNMENTAL AGENCY’S.

17. DFW contracted to DOT did knowingly trespass on the private property of George C. Rains Sr. Trust land
parcel #0830203000000000
Lake Sutherland 185.34 acres on April 21, 2010
We own the water rights.
DFW map site # 931302 and 931303

18. DFW contracted to DOT did knowingly trespass on the private property of the George C. Rains Sr. Trust
parcel # 0830204200000000
Lake Sutherland Heron Cove 106.24 acres on April 21, 2010
We own the water rights.
DFW map site # 931302 and 931303

19. DFW contracted to DOT did trespass on George C. Rains Sr. Trust land
parcel # 0830211100000000
Longfellow’s Lake Sutherland 38.52 acres
We own the water rights.
DFW map site # 931306

20. DFW contracted to DOT did knowingly trespass on the private property of George C. Rains Sr. Trust land
parcel #083261200000000
Indian Valley 39.05 acres
We own the water rights.
DFW map site #931304

Washington State (WDFW) Department of Fish and Wildlife contracted to the (WSDOT) Department of Transportation did knowingly trespass on the private property of George C. Rains Sr. Trust land during April of 2010.

Pearl Rains Hewett

Personal Representative and Trustee
of the George C. Rains Sr. Trust

REMEMBER THE QUESTION WHAT CAN YOU DO?

THE 2011 Response from WA State Attorney General’s office
ANY RCW LAW PASSED BY WA STATE LEGISLATORS IS PRESUMED TO BE CONSTITUTIONAL

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