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YouTube Wormhole brings up legal question

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    #31
    Originally posted by tvc184 View Post
    Just for this narrow situation, criminal trespass in Texas is defined as entry of the entire body. A foot in the doorway is not trespassing in Texas.
    Not trespassing in the house but what about trespassing on the property? Going with the assumption it is a privately owned house not an apartment.
    Last edited by BrianL; 03-31-2021, 11:31 AM.

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      #32
      Originally posted by BrianL View Post
      Not trespassing in the house but what about trespassing on the property?
      That could be possible to an extent. Being on property however it is not trespassing. You had to be given a warning that entry was not allowed. Also the police have certain authorities on your property even without your permission to stop crimes that are in progress but in narrow situations. You cannot have a police free zone by just sticking a sign in front of your house that says no trespassing. If a neighbor calls and says someone is having a disturbance and might be assaulted, just like the case I showed above, the trespass warning goes out the window. What if the neighbor called and said someone is breaking into my neighbors house? She had the police stand by and allow a felony in progress happen because of a sign? what if the neighbor is actually at home and is in danger due to the home invasion? You can’t deal meth inside of a house legally because you have a no trespassing sign.

      There is also the plain view doctrine, open fields doctrine, etc.

      But without seeing this YouTube video and without knowing the laws in that state (which cannot overcome SCOTUS decisions), if the police generally were told not to enter, short of them knowing someone was being assaulted in progress or about to die of something else, their only legal option was likely to leave in my opinion.

      Probable cause again does not give authority to enter a home. Without knowing all of the actual facts of this case, I can only give a general answer.

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        #33
        cops are well versed on the law that “ you can beat the wrap, but not the ride “

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          #34
          Originally posted by pilar View Post
          cops are well versed on the law that “ you can beat the wrap, but not the ride “

          And that's precisely why someone who is a law-abiding person like myself in reality has more to fear from the police then from criminals. If you get arrested for something you didn't do, you still get to pay a bail bondsman, you still get to pay a lawyer, you still have days that you miss work, and depending on your job you might even lose it. I would love to see a system where if you're found not guilty that the system has to pay for your lawyer fees, Bail Bonds fees, days off work, ETC. I know a lot of people on here will think that's a horrible idea, but there's too many cases people getting arrested for stuff they didn't do or getting their personal belongings confiscated and having to pay exorbitant lawyer fees to get things back that should have never been taken. It's crazy to me that people have given the government so much authority. It's all so crazy how many people don't think that authority is getting abused

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            #35
            Originally posted by RJH1 View Post
            And that's precisely why someone who is a law-abiding person like myself in reality has more to fear from the police then from criminals. If you get arrested for something you didn't do, you still get to pay a bail bondsman, you still get to pay a lawyer, you still have days that you miss work, and depending on your job you might even lose it. I would love to see a system where if you're found not guilty that the system has to pay for your lawyer fees, Bail Bonds fees, days off work, ETC. I know a lot of people on here will think that's a horrible idea, but there's too many cases people getting arrested for stuff they didn't do or getting their personal belongings confiscated and having to pay exorbitant lawyer fees to get things back that should have never been taken. It's crazy to me that people have given the government so much authority. It's all so crazy how many people don't think that authority is getting abused
            Try going to jail almost a half dozen times for a warrant that never existed.
            Then hire a lawyer twice, to just tell you there is no warrant for you in the system and never had been .
            It's a bit unsettling to say the least.

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