Arizona

(information last updated Fall 2017)

Collection of Information:

Drone Law

See infra “Drone Laws.”

Trespass Laws:

Criminal Liability for Trespass Despite Lack of Notice:

No.  Liability for trespass requires “reasonable notice prohibiting entry.”  Ariz. Rev. Stat. § 13-1502.

Other Provisions:

 

Trespass against a “critical public service facility” is a felony.  A critical public service facility is  “[a] structure or fenced yard that is posted with signage indicating it is a felony to trespass or signage indicating high voltage or high pressure . . . and that generates, transmits, or otherwise provides natural gas, liquefied petroleum gas, electricity, or a combustible substance[;]” or “is used to manufacture extract, transport, distribute, or store gas, including natural gas or liquefied petroleum gas, oil, electricity, water or hazardous materials, unless it is a retail-only facility.”  Ariz. Rev. Stat. § 13-1501(1)(a)–(b).

 

See also infra “Drone Laws.”

Drone Laws:

Law:

 

“It is unlawful for a person to operate or use an unmanned aircraft or unmanned aircraft system to intentionally photograph or loiter over or near a critical facility in the furtherance of any criminal offense.”  Ariz. Rev. Stat. § 13-3729.

 

“Critical facility” includes: a petroleum or alumina refinery; a petroleum, chemical or rubber production, transportation, storage or processing facility; a chemical manufacturing facility; a water or wastewater treatment facility and water development, distribution or conveyance system, including a dam; an electric generation facility, . . . and any associated substation or switchyard; an electrical transmission or distribution substation; an electrical transmission line of at least sixty-nine thousand volts; an electronic communication station or tower; an energy control center; a distribution operating center; a facility that transfers or distributes natural gas, including a compressor station, regulator station, city gate station or pressure limiting station or a liquefied natural gas facility or supplier tap facility; any railroad infrastructure or facility.  Id.

Limitation:

Arizona law prohibits a city, town or county from enacting certain ordinances, policies or rules regulating the use of unmanned aircraft.  See Ariz. Rev. Stat. § 13-3729.

Stalking Laws:

Criminal laws:

“A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either:

    1. Would cause a reasonable person to fear for the person's safety or the safety of that person's immediate family member and that person in fact fears for the person's safety or the safety of that person's immediate family member.

    2. Would cause a reasonable person to fear death of that person or that person's immediate family member and that person in fact fears death of that person or that person's immediate family member.”  Ariz. Rev. Stat. § 13-2923.

Use of Information:

Although incomplete, our research has not found any provisions relating to the use of information collected by citizens in enforcement or administrative/legislative actions.

Evidentiary Standards:

Pleading a Claim:

Requires certification that “the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.”  Ariz. R. Civ. P. Rule 11.

Authentication or Chain of Custody:

 

“To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.”  Ariz. R. Evid. 901.

Expert Testimony:

Daubert standard.  See State v. Miller, 316 P.3d 1219, 1229 (2013).

Discussion

Please note that this discussion is not moderated by the Emmett Environmental Law & Policy Clinic.