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Established law on removing trespassers?

Discussion in 'Gun Legislation' started by Sapper740, Sep 19, 2013.

  1. Sapper740

    Sapper740 TGT Addict BANNED!!!

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    Note, the question is regarding "established" law on evicting trespassers. I know what the actual law reads (Texas Penal Code - Section 30.05. Criminal Trespass) but it doesn't state what means may be taken to physically remove the bad actor. I'm sure there have been court cases, both Legal and Civil over incidents where the home owner acted to remove trespassers and I'd like to hear the outcome of those trials. We have a problem in my neighborhood with overflow parking from the Football field across the street. The patrons of the games are the most inconsiderate louts I have ever had the displeasure of encountering. They block the street so that emergency vehicles won't fit; a Fire truck had to ram one out of the way, dump their garbage on our street, block mail boxes and driveways, limit vision of other vehicles at the two intersections, play loud Rap music over portable PA systems, and block fire hydrants. Everything I've listed is illegal in my city. We and our neighbors call the police virtually every Saturday to deal with the offenders but quite frankly, the police are getting fed up with our calls and one came to our house and actually harangued my wife for "being rude to their Dispatcher". I guess allowing a hint of annoyance in your voice over the situation is verboten! A patron of the football game, seeing the police attend my house assumed it was us who have been calling to complain and felt the need to confront my wife (I was at work that day) who was working in the garden. My wife told the bad actor to leave who refused so she had to call the police. Long before the police arrived they left. I'd like to know the "established" case law on this because the next mother-fucker who harangues either me or my wife is going to be physically dealt with.
     


  2. V-Tach

    V-Tach TGT Addict Forum Sponsor

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    Make sure your property is well posted.
     
  3. Shotgun Jeremy

    Shotgun Jeremy TGT Addict

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    I'm on board with all your complaints except the mail box one. I've tried to find parking before and was forced to part on neighborhood streets. As respectful for the neighborhood as I try to keep it, sometimes you just gotta block a mailbox. If its after hours though, I don't see why that's an issue. I woulda loved to see the fire truck take out that car, though!

    I'm not sure that any laws exist on this. I guess hang out on your front porch with your shotgun in your lap when you know trouble usually happens?
     
  4. Glockster69

    Glockster69 TGT Addict BANNED!!!

    Jul 1, 2011
    Well, you said that ^^^ in another thread 30 min. before you started this thread so I'm confused concerning your confusion.

    If the stadium was there first, all those issues would have been anticipated by a reasonable person and if they knew they wouldn't tolerate them well, they should have bought elsewhere.
     
    Last edited: Sep 19, 2013
  5. benenglish

    benenglish Lifetime Supporter Staff Member Lifetime Member Admin

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    I don't see anything on that list that is actually trespassing.

    Twice in my life I've had cars towed that blocked my driveway/parking. That didn't involve the police; I just called a towing company and they removed the vehicle. The property was posted with something along the lines of "Illegally parked cars will be towed. For towed vehicles, call (xxx) xxx-xxxx." If what you describe was happening in my neighborhood, the HOA would set up a contract with a local towing company, post appropriate signage, and start towing away (at minimum) all vehicles that block driveways. For all other violations, my HOA would have a sit-down with the local constables and make sure they were on site for every game, writing every ticket possible for parking on the wrong side of the street, blocking hydrants, parking too far from the curb, too close to corners, etc.

    Just a couple of ideas.

    As for most of this stuff, some neighborhoods are just loud at times. People who move into those neighborhoods are looking for, in realtor-speak, a "vibrant, eventful community". If that's not what you want, then there was a miscommunication somewhere along the line.
     
  6. stdreb27

    stdreb27 TGT Addict

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    Just buy some jacks then sharpen each end with a paper wheel. Then sprinkle a couple hundo or so infront of your house. That will flatten any tire there is...

    It also works if you give it to little kiddos who annoy you. They play jacks grab the little spikes and cut their fingers. Works on puppies too. Wrap in peanut butter..
     
  7. txinvestigator

    txinvestigator TGT Addict

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    OP, under chapter 9 you may use a reasonable degree of force to remove a trespasser. Notice should be given before force is used.

    What is reasonable? That depends on the totality of the circumstances. Deadly force is not justified against a person trespassing/refusing to leave.

    IANAL, but am a use of force instructor. You probably should consult a lawyer.
     
  8. cpileri

    cpileri Active Member

    I am glad you said this ^^. It is a big misconception here in Texas!
    C-
     
  9. Sapper740

    Sapper740 TGT Addict BANNED!!!

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    I guess you missed this part: A patron of the football game, seeing the police attend my house assumed it was us who have been calling to complain and felt the need to confront my wife (I was at work that day) who was working in the garden. My wife told the bad actor to leave who refused so she had to call the police.
     
  10. Sapper740

    Sapper740 TGT Addict BANNED!!!

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    No confusion here at all, If I tell you to leave, you will leave be "a-leavin' as I stated in a previous post. Now the conversation has moved on to "what can I expect if I use force to remove a trespasser". See the difference? Further, the city has supplied ample parking for the football field (no stadium) it's just that several attendees are too fat or too lazy to walk the extra 1/2 block from the overflow parking to the field so they park on our residential streets with the associated problems I detailed in the OP.
     


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