Homeowner arrested

[Gungirl]

http://gunsnfreedom.com/homeowner-is-ar ... esspasser/" onclick="window.open(this.href);return false;

Have any of you all seen this? What are you Leo's take on this?

[EEllis]

Not Leo but in Texas there is no right to arrest for a citizen for criminal trespass. You can make someone leave your property but technically you can't hold them. You can use force to remove them but you cannot use force to detain them. That would also include the threat of force. I think the officers were wrong to stop the video and should face discipline for doing so. The only issue that might make me wonder is that the officers said nothing until she started videoing the "trespasser". Is Michigan a two party state in reference to recording? Is there a privacy issue with the third party? If not then I think the stopping of the video a much bigger issue than the arrest. I honestly think that the landowners have gotten so worked up over the repeated trespassing on their property that they may have made some poor decisions, like "arresting" the motorcyclist.

[GlockDude26]

illegal or not if I catch someone in my house or yard who isn't supposed to be there the only hope they have is to be able to outrun me or they will be hogtied until the cops get there..... I am one who believes that when I'm on MY property it's my rules....

[EEllis]

illegal or not if I catch someone in my house or yard who isn't supposed to be there the only hope they have is to be able to outrun me or they will be hogtied until the cops get there..... I am one who believes that when I'm on MY property it's my rules....

Attitudes like than may have contributed to this landowner going to jail. House is different of course but this guy was "trespassing in an unfenced unimproved section of woods next to federal land. I don't know about Michigan but hogtieing someone in Texas for that should get you thrown in jail.

[GlockDude26]

illegal or not if I catch someone in my house or yard who isn't supposed to be there the only hope they have is to be able to outrun me or they will be hogtied until the cops get there..... I am one who believes that when I'm on MY property it's my rules....

Attitudes like than may have contributed to this landowner going to jail. House is different of course but this guy was "trespassing in an unfenced unimproved section of woods next to federal land. I don't know about Michigan but hogtieing someone in Texas for that should get you thrown in jail.

that's true his circumstances are different than mine, shouldn't have generalized... within my fences

[rbwhatever1]

This Public Servant needs to have a tad bit more respect for the citizens that pay his salary.

[bizarrenormality]

It sounds like his mistake was calling the cops. Next time maybe he will handle the problem himself.

[tbrown]

illegal or not if I catch someone in my house or yard who isn't supposed to be there the only hope they have is to be able to outrun me or they will be hogtied until the cops get there..... I am one who believes that when I'm on MY property it's my rules....

You should be OK in Texas based on sections 9.41 and 9.03 of the Penal Code.

[EEllis]

illegal or not if I catch someone in my house or yard who isn't supposed to be there the only hope they have is to be able to outrun me or they will be hogtied until the cops get there..... I am one who believes that when I'm on MY property it's my rules....

You should be OK in Texas based on sections 9.41 and 9.03 of the Penal Code.

PC9.41 says you can use force to prevent or terminate trespass, not that you can arrest someone. When you prevent someone from leaving by violence or threat of violence you are either arresting them or committing a crime. So if there are not grounds for arrest it is a crime. You can show a gun and say "Git" but not hold them for the cops.
PC9.03 says you can use confinement as force if you let them go as soon as you can may allow you to justify some detentions but wouldn't in the OP case because they walked him at gunpoint farther away than where he could of exited the property (they have several youtube vids up). While in Ultra Solo's case, being inside a fenced property (I assume locked), it could make the difference being there would be no legal open "way out". I'm not saying you might not get away with it, law enforcement is normally on the Land Owners side, but that doesn't make it legal and we should be passing on that it is.

[cb1000rider]

illegal or not if I catch someone in my house or yard who isn't supposed to be there the only hope they have is to be able to outrun me or they will be hogtied until the cops get there..... I am one who believes that when I'm on MY property it's my rules....

LEOs arresting the land owner here doesn't seem valid.. Hopefully that video contradicts initial LEO statements and that will shine a little light into the situation.

I've ridden a lot of dirt bikes in Michigan. It's an open state (not a cattle state with lots of fencing like TX) and there are off-road legal trails that run all over the state. I know on one occasion, I crossed into private property that I shouldn't have been riding on unintentionally. I was asked to leave and I absolutely did so. It wasn't an intentional mistake.

The that motorcyclist ignored a no-trespassing sign, it is criminal trespass. I'm not sure that detaining the motorcyclist was the best idea, especially since the dirt bike appears to be of the street-legal variety and probably has a rear license plate.

We still have property up there and we have issues with poachers. Even running across one, I'm not going to handle it at gunpoint.

[EEllis]

LEOs arresting the land owner here doesn't seem valid.. Hopefully that video contradicts initial LEO statements and that will shine a little light into the situation.

I've ridden a lot of dirt bikes in Michigan. It's an open state (not a cattle state with lots of fencing like TX) and there are off-road legal trails that run all over the state. I know on one occasion, I crossed into private property that I shouldn't have been riding on unintentionally. I was asked to leave and I absolutely did so. It wasn't an intentional mistake.

The that motorcyclist ignored a no-trespassing sign, it is criminal trespass. I'm not sure that detaining the motorcyclist was the best idea, especially since the dirt bike appears to be of the street-legal variety and probably has a rear license plate.

We still have property up there and we have issues with poachers. Even running across one, I'm not going to handle it at gunpoint.

And while you road on someones property did they hold you at gunpoint, make you move away from the access to where you were legal, and unlawfully detain you? Then it's not the same thing. In Michigan it's not criminal trespass it's recreational trespass and the DNR guy said he didn't think they had a case because the signage where they believed the rider came in wasn't up to what was required. I bet they would of let the landowner skate but he was likely so upset over repeated trespassing that he talked himself into jail. Mind you I think his actions were illegal but you would normally get away with it.