You're on private property, *Beep*

[Fisherman777]

Really,Ya think?? so the next move is to be Physical?? Uh NOPE, call the cops.....

He wasn't being physical with them. He was turning off their camera equipment in preparation for them to leave. Just being helpful. I would've been pissed at being ignored on my own land too. They should have left when they were first told.

That said, I do not condone dropping the F bomb on live TV or anywhere else. It sounded to me like he said something to them several times and was just fed up and had enough.

I don't know but I would wager that race had nothing to do with it.

 

[Fisherman777]

The guy was an asshole and had no right to attack them. He was also an idiot for doing so while being filmed. He notified the crew that they were on private property and needed to leave, and they started to do so. If he wasn't happy with the speed in which they were leaving he should've called the cops, not assault them. They were no threat to him, and obviously didn't realize they were trespassing.

Hell, some of you probably think he had the right to shoot the news crew!

They had not started to leave. They ignored him. He didn't attack them. Just turning their equipment off and helping them on their way. Just being helpful.

 

[texas skeeter]

Hell, some of you probably think he had the right to shoot the news crew!

Hey Maxy, you're starting to sound like me!! i think you better go re-up with some more Lib-coolaide!! i think your levels are getting low....

 

[texas skeeter]

It sounded to me like he said something to them several times and was just fed up and had enough.

isnt that the point where one calls the police??

 

[Fisherman777]

isnt that the point where one calls the police??

Can't I make them leave as easy as a cop can? Seems a waste of tax payer dollars.

 

[texas skeeter]

Can't I make them leave as easy as a cop can?

i asked that earlier. i'm not sure if one can Physically remove someone from their own property without possibly getting arrested. and more importantly why would you want to try?? especially with LAWSUIT HAPPY america AND on video??

 

[M. Sage]

Oh so INSTANT A$$HOLE IS THE WAY TO ASK THEM TO LEAVE??????? And where in my post did I state they had ANY rite to be there?? all i was saying was, he didnt have to be a Dick about it.......

If it's my property, I can go from zero to asshole in under 3 seconds on someone trespassing. Why? Because it's my property.

If I go downstairs and find some dude rummaging through my fridge, should I try being nice instead of jumping right to "you have three seconds to get out before I kill you"?

The "private" part of private property means it's mine. Not yours. Not the reporter's. It means I say who comes, who goes, who stays. And if they didn't ask to be on that private property in the first place? Guess who the real asshole is?

You don't use other people's stuff without permission. Period. Assuming this guy was the property owner, as soon as that news crew stood their ground and didn't start leaving immediately after being told to leave, this "asshole" had every right to use force to shuffle them along.

Yes, you can use force (as much as necessary) to remove a trespasser from your property. Texas Penal Code, Chapter 9.41 reads (a): A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

Note that it doesn't even say you have to be the property owner. Simply in lawful possession of that property. If I'm house-sitting for a buddy and some idiot decides the back yard looks like a camp site, I can use cattle prod to move him along if that's what it takes. And if he calls the police, he'll be the one in trouble.

Man... I'm remembering why I love this state.

 

[Texan2]

Yes, you can use force (as much as necessary) to remove a trespasser from your property. Texas Penal Code, Chapter 9.41 reads (a): A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

Note that it doesn't even say you have to be the property owner. Simply in lawful possession of that property. If I'm house-sitting for a buddy and some idiot decides the back yard looks like a camp site, I can use cattle prod to move him along if that's what it takes. And if he calls the police, he'll be the one in trouble.

Man... I'm remembering why I love this state.

reasonably being the key word. You cant legally beat the shit out of someone for not leaving fast enough. Keep reading through chapter 9 and it gets more detailed. Dont get me worng, we all have lots of rights when on our property. The news crew was out of line just inviting themselves to his place, but causing serious bodily injury or death becasue they arent leaving your yard fast enough wont fly.

 

[texas skeeter]

thanks for clarifying the "use of force" part. as far as the frig analogy that was a poor one. the news crew looked to be maybe 5-10 feet into some gravel on the side of a road. thats a FAR cry form being "Inside" your house rummaging through your frig!! and yet AGAIN, YES they had no rite to be there AND should had left at his request!! but would "YOU" have been a Jacka$$ yelling profanities on live t.v. cause some reporter was on the edge of your property?? I love this state too!! im just wondering where all the "Good ole TEXAS boy" politeness has gone!!!! the defenders of the way said Jacka$$ used to try and get them to leave is just killing me!!

 

[Texan2]

To use an extreme example:

Girl Scout rings doorbell and asks me to buy cookies. I say "no, please leave". She says, "but they are for a really good cause" and I just pull out a baseball bat and crack her in the dome. Moments later I tell the officer, I didnt want any cookies and told her to leave, not my fault she is a vegetable now.

I think we all know this wouldnt turn out well for me.

Your behavior would have to be considered reasonable.

I think the guy with the news crew was being reasonable. His f-bomb got their attention.

 

[texas skeeter]

I think the guy with the news crew was being reasonable.

and grabbing their camera was ok too? just wonderin....

 

[Texan2]

and grabbing their camera was ok too? just wonderin....

i didnt see him do that, but if he did would more than likely be considered a reasonable attempt to make them leave.

 

[MR Redneck]

The guy was an asshole and had no right to attack them. He was also an idiot for doing so while being filmed. He notified the crew that they were on private property and needed to leave, and they started to do so. If he wasn't happy with the speed in which they were leaving he should've called the cops, not assault them. They were no threat to him, and obviously didn't realize they were trespassing.

Hell, some of you probably think he had the right to shoot the news crew!

How do you know the guy is an asshole. I simlpy saw a man who was sick and tired og someone being on his property.
The way that news lady was running her mouth really wouldnt have help matters either. I he said leave, then all you need to do is leave. If people dont like the man's attitude, then they should stay off his property.
The term private property holds a lot of respect with me. I you can act in a manner the property owner wants you to, then stay off his property.
To conclude, what the news people think, want , or say while on someone elses property doesnt matter at all...
If you were to throw people off you property I would still feel the same way no matter what your reason was.

 

[majormadmax]

How do you know the guy is an asshole. I simlpy saw a man who was sick and tired og someone being on his property.
The way that news lady was running her mouth really wouldnt have help matters either. I he said leave, then all you need to do is leave. If people dont like the man's attitude, then they should stay off his property.
The term private property holds a lot of respect with me. I you can act in a manner the property owner wants you to, then stay off his property.
To conclude, what the news people think, want , or say while on someone elses property doesnt matter at all...
If you were to throw people off you property I would still feel the same way no matter what your reason was.

How do I know he was an asshole? I saw him being one on live TV! His actions weren't "reasonable" as per texascop2's explanation, and if I sat on the jury I would convict him of assault and battery on the cameraman.

He was not being threatened, and it was only a matter of a second or two between when he told them to leave until he physically assaulted them. That is not "reasonable;" it's excessive and for that I know he's an asshole. I understand his irritation, but his actions were uncalled for!

It's similar to the guy who ran down the street shooting at a van because of some stolen shingles. Seriously, I understand the right to defend your property; but do you really consider this a reasonable response? Someone gets lost and accidentally drives down a dirt road that's on private property, is it reasonable to yell and start attacking them, or does it make more sense to inform them of the situation and give them time to leave? How long is reasonable? A minute? Two? Can you shoot them after three?

By the way, no one could hear the female news anchor's comments other than Marvin through his earpiece, it had nothing to do with the actual incident.

 

[Willy]

The guy seemed rude, but we don't know what happened before the video. How long had he been arguing with the news crew before the video? We don't know what the situation is from the video. We don't even know if he was the property owner. If I were the owner and they didn't leave my property, the news cast would become the "Willy" show. I'd stand next to the news guy and ruin the broadcast. I wouldn't be profane, but they wouldn't have any useful news coverage. I'd read an owners manual for something.

 

[Texan2]

It's similar to the guy who ran down the street shooting at a van because of some stolen shingles.

Lol...actually its nothing like that. Grabbing a guy and helping him off you property and chasing someone through town while shooting up the city don't seem very similar.

But this is a judgement call that we arent all going to agree on. (Do we all ever agree on anything? lol....)

 

[SpikeSpiegel]

His property means if he asks you to leave, which if you listen carefully he does numerous times, then you leave. Just because they are filming does not give them the right to ignore his wishes. Now if this was on a public street and he dropped the f-bomb on live tv then i would think he was an ass hole but since it was his land and asked them numerous times to leave, then why not. Last time i checked the first amendment still applies in this state and country

 

[texas skeeter]

The guy seemed rude, but we don't know what happened before the video. How long had he been arguing with the news crew before the video?

I highly doubt he had confronted them to leave previous to the video and then walked all the way down the road back to his house. and then returned to walk down the road back at the news crew??? he'd have stayed to see them off the first time by the degree of his irritation. and its AMAZING how many of you would have flown off the handle in the first 60 seconds as he had and you seem to defend..... im sure with-in a few minutes they would have packed up and left just by how irrate he was. but oh no, that would be too long for most of you!!

 

[Texan2]

Lots of assuming and guessing about what happened before the video began going on...which is pointless.

No law against being rude or direct or an asshole. There is a law against trespassing.

Checkmate.

 

[majormadmax]

Lots of assuming and guessing about what happened before the video began going on...which is pointless.

No law against being rude or direct or an asshole. There is a law against trespassing.

Checkmate.

There's also a law against assault, and I don't see any exceptions for being on private property.