D'oh! I must have read over that 50 times in the past without it ever sinking in. Thanks!Solaris wrote:
PC 30.05
(e) It is a defense to prosecution under this section that the actor at the time of the offense was:
(1) a firefighter or emergency medical services personnel, as defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances;
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Return to “Attention Armchair Lawyers: "Lawful Entry"”
- Thu Feb 04, 2016 11:22 am
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Attention Armchair Lawyers: "Lawful Entry"
- Replies: 7
- Views: 2283
Re: Attention Armchair Lawyers: "Lawful Entry"
- Thu Feb 04, 2016 11:09 am
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Attention Armchair Lawyers: "Lawful Entry"
- Replies: 7
- Views: 2283
Attention Armchair Lawyers: "Lawful Entry"
If someone enters or tries to enter your habitation "unlawfully and with force", then it is presumed to be reasonable for you to take certain actions per PC 9.31 and 9.32.
However there are (presumably) cases where someone can enter your habitation "lawfully and with force." Police with a search warrant come to mind, but there are cases where police and firefighters/EMS have entered dwellings without warrants, and I am interested in find the legal basis for that under Texas law.
For example, if your house is on fire, firefighters are very likely to make a forcible entry, especially if they think you might be inside. (There certainly depends on the stage of the fire, it's not a guarantee). Also I know that medical responders and other EMS personnel have made forcible entries when it appeared someone needed attention but could not open the door.
So where in Texas statutes are these types of entry covered? I am especially interested in what covers firefighter/EMS, but also police as well, particularly as related to medical dispatches.
Anyone know?
However there are (presumably) cases where someone can enter your habitation "lawfully and with force." Police with a search warrant come to mind, but there are cases where police and firefighters/EMS have entered dwellings without warrants, and I am interested in find the legal basis for that under Texas law.
For example, if your house is on fire, firefighters are very likely to make a forcible entry, especially if they think you might be inside. (There certainly depends on the stage of the fire, it's not a guarantee). Also I know that medical responders and other EMS personnel have made forcible entries when it appeared someone needed attention but could not open the door.
So where in Texas statutes are these types of entry covered? I am especially interested in what covers firefighter/EMS, but also police as well, particularly as related to medical dispatches.
Anyone know?