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. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.
B. Criminal trespass in the third degree is a class 3 misdemeanor.
THE BREAK DOWN
I Guess DPS or ADOT are claiming they are the "rightful OWNER" of the roads (property). Maybe they do own it!
When was this made known to the public?
A supoena duces tecum should compel the contract stating this fact and who the parties are to it. I don't believe a non-resident alien could be a part of that contract. Now they could claim some form of adhesion but that would have been without my knowledge or consent.
One thing is a fact
The Arizona Department of Public Safety is a traded CORPORATION under Duns and Bradstreet and is listed as PUBLIC SAFETY, ARIZONA DEPT.
Was a "crime" committed?
I certaintly don't think so but I'm not the Judge. All I can do is give blatent observations and facts.
If a "crime" was actually commited, how was their corporation injured? Where is the Injured party?
Was the "Vicious trespasser" [emphasis added] ever asked to leave? The answer is NO and that is on video.
In as much it's a mute point. The officer was barred by estoppel because the "Vicious" trespasser had already left the supposed "crime" scene and was on his way home.
The officer impeded his travel and NEVER requested he leave, thus denying him (which is required) the oppotunity to cure the breach in ARS13-502 of the "contract" if there is one.
And don't forget about Corpus Delicti
Corpus delicti is the legal term, which refers to the body of the offense or the essence of the crime. Most literally, corpus delicti is the term used to refer to the actual victim’s body in a murder case.
Corpus delicti is also a term that can be used to mean any material evidence of a crime or objective proof in a criminal case. The laws of corpus delicti relate to what must be proven in a case to elicit an acquittal or conviction.
The Burden of Proof
Corpus delicti—from the Latin meaning “body of evidence”—is the proof that a crime has taken place. When applied to a criminal case, proof of a crime must be shown in order to convict a person of the crime.
The presentation of corpus delicti is often necessary in a criminal case to prove beyond reasonable doubt that the defendant is guilty of the charges against him/her. The prosecution in a criminal case has the burden of proving each element of a crime in order to secure a conviction.
The following are a few examples of how corpus delicti principles apply to a criminal case:
When a person is charged with larceny, the corpus delicti is proof that property was stolen.
When a person is charged with the crime of arson, the corpus delicti is the burned property or evidence that arson was attempted.
In a murder case, the corpus delicti is the dead body of the victim.
The Establishment of Corpus Delicti
The principle of corpus delicti was established to protect persons from being unjustly convicted of a crime they did not commit. Historically, there have been cases where a person was charged and convicted of murder, then put to death for their crime.
The person who they allegedly killed made an appearance after the defendant was killed. In order to avoid falsely convicting an innocent person, proof of corpus delicti is generally required in order to convict a defendant.