I couldn't care less about FL law. We're talking about Texas. And TX law is quite clear that the fence alone is barrier enough.EEllis wrote:Check again. If the fence is unlock and not posted then you can't show that it is intended to keep someone out, kind of useless putting up a security fence that doesn't lock right, so you can't get a trespass charge on it.
Here http://caselaw.findlaw.com/fl-district- ... 65541.html" onclick="window.open(this.href);return false; is a case in Florida. Now cops enter for totally different reasons and basicly this is about an appeal of a conviction but the part that may interest you is the court found that if you have an unlocked unposted gate and want privacy then....
Moving the goal posts again I see. I never said that the COP was trespassing. The hypothetical Girl Scout you brought up, OTH, most definitely was. 30.05 has a specific exemption for LEOs. So while this officer(s) weren't trespassing (which I think is a bunch of bull since they were at the wrong house), they were 1) at the wrong location, 2) discharged a firearm recklessly (3 shots, 1 hit, and a 6yo boy nearby), 3) traumatized a little boy & family due to their error, 4) should be held civilly and criminally liable for their mistake.EEllis wrote:Now some will complain again that cops are being treated differently being allowed to trespass but know the whole point is that it isn't criminal trespass for anyone.