Do you have to leave a public park if a LEO demands it.

[gregma]

Let's say you are sitting in a public park OC'ing.  Given the following scenario:

1.  You are OC'ing in a public park.
2.  LEO approaches, disarms, unloads, leaves.
3.  You go to a bathroom, privately re-load, re-arm.
4.  You go back to the spot you were at previously.
5.  LEO demands you leave the park.

Must you?  Do they have a case for arrest for even coming back re-armed?

[just_a_car]

(IANAL) Personally, I'd say No to both questions.

If they arrest you, they're going to be sore for weeks from the "abuse of authority" suit you bring against them and the department.

[amlevin]

But then again remember that your were arrested.  You now have expenses for bail, attorney, as well as lost time.

Wouldn't it be better to just comply and then file an official complaint?  If they are breaking the law or trying to enforce an invalid law (same thing sort of) then take care of it by using the complaint process.  It's kind of like that officer that is a little rough on a traffic stop.  Take a bruise or two then go after him through the process.  If you fight back then they add the charge of resisting.  

Is it right?  No, but there are ways to accomplish the goal without having the "pain".

[joeroket]

The answer to your question under those specific circumstances is yes. They can ask you to leave and if you do not then you will be arrested for trespass. I had a very similar incident with my son a couple years ago, non gun related, but in the end I did find out that they have the authority to remove anyone from a park that is owned by the municipality that emplys them. I did not re-look up the code but if anyone wants to throw the flag I am more than happy to provide it.

I disagree with it very much but the law is pretty black and white about it.

[gregma]

The answer to your question under those specific circumstances is yes. They can ask you to leave and if you do not then you will be arrested for trespass. I had a very similar incident with my son a couple years ago, non gun related, but in the end I did find out that they have the authority to remove anyone from a park that is owned by the municipality that emplys them. I did not re-look up the code but if anyone wants to throw the flag I am more than happy to provide it.

I disagree with it very much but the law is pretty black and white about it.

You know, that almost rings a bell of truth.  However, looking at RCW 9A.52.090

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

     (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

Thus that leaves out any Criminal trespass charge.  I don't believe that a LEO can make "can't open carry a firearm" a "lawful condition imposed on remaining in the premises".

I'm sure there must be some obscure law about having to follow a command given by a LEO, I just can't find it.

[gregma]

Wouldn't it be better to just comply and then file an official complaint?

I guess I would agree that it would be better.  That is *if* an official complain really ever did any good.  Unless you have a recording and/or video I can guarantee you that in the process it will be told that you were very unruly, unreasonable and it was only because of the "goodness" of the LEO that you weren't arrested and thrown into jail.  That you should be happy to just have been let off as lightly as you were.  That you should just follow the law in the future and this won't happen again.

Unfortunately a lot has changed since I carried a badge, and none of it for the better.

[joeroket]

The thing that I see when I read that RCW is that "In any prosecution under RCW 9A.52.070 and 9A.52.080, it is a defense that: 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". This to me means that after an arrest you can use this as a defense in court. Afterall you do not get prosecuted on the street by the Officer.

[amlevin]

I'm sure there must be some obscure law about having to follow a command given by a LEO, I just can't find it.

There is but the order has to be lawful.  If arrested you will be charged with language such as "failure to follow a lawful order given by a Law Officer" and then the specific code will be cited.