ID: "an obscure criminal provision"

Back in my homeland, when an officer couldn't find any section of Idaho Code to fit a perceived 'crime,' he just made one up. And, the case went right past the trial judge up to the Court of Appeals. Thanks to fellow Idaho lawyer (and expatriate) Useful Information:

This month, we learn of another unlucky fellow — Blaine Murray, who got stopped by an Idaho Fish & Game officer and cited for the offense of "Violate Forest Service Road Closure."

The citation indicated that "Violate Forest Service Road Closure" is codified at "I.C. 36-401(b)10(C)." But if you take a look, you’ll see that there is no "I.C. 36-401(b)10(C)." Of course, the prosecutor who argued the charge against Mr. Murray recognized that. That’s why the prosecutor moved to amend the charge by adding a "1," to make it "I.C. 36-1401(b)10(C)." The magistrate allowed the amendment, and the wheels of justice rolled on.

Except that there is no "I.C. 36-1401(b)10(C)" either...

More fun in Fremont County magistrates court - where Murray was convicted - here. The opinion, State v. Murray, No. 32394 (Idaho App. Nov. 30, 2006) is here (pdf file). As Useful Info notes:

The Court of Appeals, after careful analysis, concluded that this fiasco "presents the rare circumstance where a charging document fails, under even the most liberal construction, to charge an offense and therefore is insufficient to confer subject matter jurisdiction on an Idaho court."