[BearCub]

but somehow, being in the area can’t directly be used as evidence to the act of entering illegally?

I never said that. In addition, he isn't being charged with entering illegally. If he was, then OF COURSE "being here" is evidence of illegal entry.

[MrB]

OK, we’re on the same side of the issue.

I thought YOU were arguing that “being here” illegally wasn’t evidence of illegal behavior.