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by seamusTX
Fri Nov 09, 2007 5:53 pm
Forum: General Texas CHL Discussion
Topic: prosecution over impromper 30.06 postings
Replies: 80
Views: 11053

rb4browns wrote:I'm hard pressed to think of a hospital as a place where one has a compelling reason to carry when there is a 30.06 posted.
It's not the hospital that's the problem. Many hospitals are in bad neighborhoods and have remote parking.

I am not advocating illegal carry, but I want to point out that there is a real problem, moreso than working in an office or something like that.

- Jim
by seamusTX
Fri Nov 09, 2007 9:07 am
Forum: General Texas CHL Discussion
Topic: prosecution over impromper 30.06 postings
Replies: 80
Views: 11053

Well, just to be pedantic:
Code of Criminal Procedure Art. 14.03(b) A peace officer shall arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07, Penal Code (violation of Protective Order), or Section 38.112, Penal Code (violation of Protective Order issued on basis of sexual assault), if the offense is committed in the presence of the peace officer.
(c) If reasonably necessary to verify an allegation of a violation of a protective order or of the commission of an offense involving family violence, a peace officer shall remain at the scene of the investigation to verify the allegation and to prevent the further commission of the violation or of family violence.
All the other laws authorizing arrest use the word may.

Logic dictates that a peace officer can be in only one place and do only one thing at a time, so he may have to chose between situations to intervene in. For example, if an officer is attending a car wreck and sees someone run a red light, he can't leave the scene to chase the offender.

- Jim
by seamusTX
Wed Nov 07, 2007 11:24 am
Forum: General Texas CHL Discussion
Topic: prosecution over impromper 30.06 postings
Replies: 80
Views: 11053

Ideally this kind of thing would never get to a judge. An assistant DA would look at the charge and decide that it was not prosecutable because the sign didn't meet the requirements of the law. He might need a nudge from your attorney.

If it gets to a judge, it will depend upon how the judge views the law. Some of them were not exacty at the top of their law school class.

- Jim

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