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by ARS2nd
Sat Jan 02, 2016 3:08 pm
Forum: General Texas CHL Discussion
Topic: Almost went to jail!!!
Replies: 292
Views: 60875

Re: Almost went to jail!!!

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And, if you think it has to be someone from the business, it doesn't

(b) For purposes of this section, a person receives notice if the owner of the
property or someone with apparent authority to act for the owner provides notice
to the person by oral or written communication;


The police DEFINITELY have that 'apparent' authority.
Not to be overly technical, but not necessarily. Why did the police respond? Was it a customer complaint or did the manager call? Who put the sign up? Was it from corporate (the business owner) or was it put up by a manager or other employee without authority of the business owner? If a business owner called the police, clearly the responding officers would have the apparent authority.

Having said that, I don't suggest "picking a fight" based on technicalities. If you innocently missed the sign that didn't meet the specs of the law, and the cops are there to arrest you for trespass, well, that is a whole other story.

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