misdemeanor trespassing??

What is the name of your state? arizona; cited for violation of ars 13-1502a1, trespassing third degree real prop.

i was stopped and questioned after leaving the parking lot of a local business. the officer informed me that he was responding to an audible alarm and questioned my presence in the parking lot. i informed the officer i had made a temporary stop in order to use my cellular phone and avoid the risk of unsafe driving while using a cell phone. at that time the officer demanded that i allow him to view my cell phone outgoing call log so that he could verify my story. i refused his request advising him i considered it an invasion of my privacy. the officer conferred with his supv. and upon his return advised me that i was under arrest for trespassing. i was escorted in handcuffs and detained for apprx, five minutes while the officers searched not only my vehicle but also my cell phone call log. completing the search the officer and his supv returned and advised me that i was being released on my own recognizance. my question is simply this - based on my explanation of the facts 1. was the officer justified in issuing me the referenced complaint 2. was my arrest and temporary detention valid, legal, and/or necessary.....important note - there were no posted "no trespassing" signs anywhere on the property nor was i asked to leave at any time by the business owner, or the police, or any other authorized person

The response to a silent alarm was all the ammo the officer needed for what he did. Everything as you described was by the book, you have no claims.

racer- thanx for the feed back. it may be accurate to say the arrest/charge was " by the book " but considering my explanation to the officer are there no exceptions? i have seen many people doing the same thing- pulling over in parking lots, freeways and other places that they could be viewed as trespassers. also, considering the definiton of trespassing in arizona, signs to be posted forbidding trespassers or verbal request to leave the property by owner or authority figure, my actions did not constitute trespassing--- did they??????? look forward to your assistance.

One thing I'd like to know before this goes any further is what time of the day or night this occurred?

Hexeliebe - the time on the ticket is 5:50 pm - the events upon which the ticket was based were apprx 30 minutes prior - so i was in the parking lot at apprx 5:20 pm

Then you need to speak with an attorney because you may have a chance to beat this. I'm not saying you will because the parking lot could have been for a business that was closed and the alarm could have made you suspicious but it sounds to me like you pissed off the cops and they slapped the charge on you to teach you a lesson.

Just remember, you pick your battles. And I personally wouldn't waste my time on this one. But that's a decision you have to make alone.

First, I'm not certain what a "referenced complaint" is. Is this a citation into court or a signed promise to appear?

My educated opinon is that the officer had sufficient probable cause to detain you, while he deteremined whether a crime had been committed (based upon your presence in the vicinity of the silent alarm). An alsrm is usually an indication of a break in or burglary. Once it had been determined that there was no crime giving rise to the alarm, he probably should have let you go, having noted your identification information.

Generally, an officer cannot arrest on a trespass charge without the property owner requesting such an arrest. Be sure to check the Arizona codes carefully on this point.

Again I am not entirely certain whether your a required to appear, but I would find it difficult to believe that the District Attorney would proceed on these facts. If you are required to appear, contact the D.A.'s office, ahead of the scheduled hearing date if possible, to determine whether charges will be filed.

"If you are required to appear, contact the D.A.'s office, ahead of the scheduled hearing date if possible, to determine whether charges will be filed."
*** What an idiotic statement!! And from someone who claims (in another post) to be a 'real' attorney!! The DA will NOT talk with you. You are the suspect in the case. The DA cannot give you legal advice or any information on their case against you (at this time). You will need to obtain legal counsel to contact the DA on your behalf. Any direct contact by the DA would be inappropriate.

rlynbcho:

I stated the following: If you are required to appear, contact the D.A.'s office, ahead of the scheduled hearing date iIF POSSIBLE to determine whether charges will be filed. I did not say that you should seek legal advice from the D.A. Ethically, ha could not advise you. However, he (or she ) or the staff is not barred from communicating with you unlessw you are represented by counsel. To the extent your counsel could obtain any information directly from the D.A.'s office, you should be able to do so as well. If the D.A. will not advise you ahead of time that the case has been rejected, and you must appear, you can appear at the scheduled time and either enter a not guilty plea, or reques a continuance to allow you time to consult with an attorney prior entering a plea IF REQUIRED. If the case has been rejected, you will be advised at that time. Because the case could be filed, I would not recommend discussing the facts with the D.A. The only information you need at this time is whether charges have been or will be filed.

Also, be a little careful on this forum. There are apparently a number of persons who do not and have never practiced law who are giving advice.

Listen rlynchco ;

If you'll read what I last wrote you'll notice I told you to seek the advice of an attorney in your area. Yes, you may have a case of illegal search of the phone. I doubt it, since the police, as you said in your post, were responding to an audible alarm and you were in the parking lot of the area where they responded.

However, no one here can tell you what to do. Did the police have a right to stop and question you? Yes, because the alarm and you being in the parking lot gave them probable cause.

Did they have a right to search your phone records? A question of law for the judge to decide. What the police will simply say in their defense is that they thought you may be 'casing' the joint and warning those who tripped the alarm that the police were coming.

There COULD be any number of outcomes or defenses on both sides, yours and the police officer's. And that's why you need to sit down with an attorney (if you really want to make such a mountain out of this molehill) and ascertain your rights and obligations under the charges.

As I said in another forum similar to this, this is just not a fight I feel is worth putting so much effort and expense into. It's a misdemeanor for God's sake.

thanks to all of you for your advice and information. it has been very helpful and i feel more prepared to deal with this. for not being lawyers, there seems to be a lot of experienced knowledge amongst the members. i have already appeared and entered my not guilty plea. duh!! i am not gulity of the accused and therefore no other option is considersable. as to making a " mountain out of a molehill " well i simply refuse to lay down and let the state of arizona or any authority figure have their way with me and then just " kiss me in the morning and then just walk away ". lol lol lol!!my next court appearance date is 7/18 and is for pre disposition conference. i am hoping that i can convince the judge and the state to drop this abuse of power and get on with the real problems that seem to be plaguing our city!! there are many parts of this so called arrest that i did not disclose because they are of no concern to the initial reason for detaining me and have no bearing on the outcome of the case. however, the officer who detaind me was very unprofessional and in my opinion harrassed the hell out of me. for those reasons i will be seeking further legal advice regarding a possible law suit. can anyone recommend a good attorney that i can speak with to help determine if my civil rights were abused? any reference would be greatly appreciated.

Oh Brother!

actually i have 3 brothers and 6 sisters hex. whats " oh brother " supposed to mean????

It means you starte out this post acting responsibly and stating a case which might have had merit, then started acting like a child who's toys were taken away for not playing fair....

And that's all folks! I'm done with you.

rlynchco said:

What is the name of your state? arizona; cited for violation of ars 13-1502a1, trespassing third degree real prop.

i was stopped and questioned after leaving the parking lot of a local business. the officer informed me that he was responding to an audible alarm and questioned my presence in the parking lot. i informed the officer i had made a temporary stop in order to use my cellular phone and avoid the risk of unsafe driving while using a cell phone. at that time the officer demanded that i allow him to view my cell phone outgoing call log so that he could verify my story. i refused his request advising him i considered it an invasion of my privacy. the officer conferred with his supv. and upon his return advised me that i was under arrest for trespassing. i was escorted in handcuffs and detained for apprx, five minutes while the officers searched not only my vehicle but also my cell phone call log. completing the search the officer and his supv returned and advised me that i was being released on my own recognizance. my question is simply this - based on my explanation of the facts 1. was the officer justified in issuing me the referenced complaint 2. was my arrest and temporary detention valid, legal, and/or necessary.....important note - there were no posted "no trespassing" signs anywhere on the property nor was i asked to leave at any time by the business owner, or the police, or any other authorized person

Click to expand...

All this is most perplexing and I am a lawyer. I took the liberty of looking up the AZ statute which you were charged under and I fail to see a legal basis for the charge.

13-1502. Criminal trespass in the third degree; classification

A. A person commits criminal trespass in the third degree by:

1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.

2. . . .

B. Criminal trespass in the third degree is a class 3 misdemeanor.