Peoria, AZ asked in Criminal Law and Civil Rights for Arizona

Q: Can I be arrested for trespassing without direct notification?

I was arrested for third-degree criminal trespass in a mobile home park where I was an invited guest. The property has "no trespassing" signs, but guests, including myself, were not required or expected to obtain written permission to be there, as none of the residents seemed to follow such a practice. Indirectly, I had heard unreliable information that the property manager might not want me there, but I received no direct notice. The arrest occurred following a fight with my fiancé after a neighbor called the police, leading to my arrest. I had never interacted with the property management before entering the premises. Can the property have me arrested without informing me directly that I was not permitted on the property?

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James L. Arrasmith
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Answered

A: In most jurisdictions, third-degree criminal trespass generally does not require direct notification for an arrest to occur. The presence of posted "no trespassing" signs on the property may constitute constructive notice, which courts often recognize as legally sufficient warning. Your status as an invited guest introduces important complexity, as invitation from a resident typically provides a legal defense against trespass charges, but this becomes complicated when property management has established conflicting rules.

The indirect information you received about the property manager's wishes creates a gray area in your case. In many states, once a property owner or their authorized agent (like a property manager) revokes permission—even indirectly—remaining on the premises can constitute criminal trespass. When police responded to the disturbance call, they likely made an assessment based on property management's statements about your status, rather than the resident's invitation. This highlights the tension between a tenant's right to have guests and a property owner's right to exclude specific individuals.

Your situation raises significant questions about notice requirements in trespass law. Courts typically examine whether a reasonable person would have understood they lacked permission to be present. The combination of posted signs, indirect information about not being welcome, and the circumstances surrounding police involvement will all factor into how a court might view your case. We recommend consulting with a criminal defense attorney immediately, as they could evaluate whether insufficient notice might serve as a viable defense in your specific jurisdiction and under your particular circumstances.

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