Mesquite TX - Homeowner jailed for firing warning shot

[barstoolguru]

you can fence in the front yard with a little white picket fence and if someone crosses that boundary that are subject to deadly force

Do you mind me asking where you took your CHL class?

yes I have a CHL and where I took the class has no meaning here we are talking about a man do what he though was the right thing. He made a choice and he has to live with it.
Now did he have the right to use deadly force to prevent trespass (B&E)?.
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;

Tresspass does not equal criminal mischeif. Entering a fenced yard is tresspass, and does not constitute B&E (known as burglary in Texas).

other enclosed property is a fenced in area with a locked gate

breaking and entering

n. 1) the criminal act of entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization. If there is intent to commit a crime, this is burglary. If there is no such intent, the breaking and entering alone is probably at least illegal trespass, which is a misdemeanor crime. 2) the criminal charge for the above.

See also: burglary trespass http://dictionary.law.com/Default.aspx?selected=98" onclick="window.open(this.href);return false;


United States v. Perea-Rey Subscription RequiredThe Recorder

05/31/2012

...roof and walls, and it was further enclosed by an iron fence that surrounded the residential property. The driveway gate of the fence was...
http://quest.law.com/Search/Search.do?N ... 1&x=2&y=10" onclick="window.open(this.href);return false;

EDIT: there is no reason someone wants in to another man’s yard that they don't know unless they are up to no good. The neighborhood kid lost a ball. That is what the doorbell is for. It someone enters a locked gate by force or by jumping the fence they are there for no good reason

[Keith B]

[
other enclosed property is a fenced in area with a locked gate

breaking and entering

n. 1) the criminal act of entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization. If there is intent to commit a crime, this is burglary. If there is no such intent, the breaking and entering alone is probably at least illegal trespass, which is a misdemeanor crime. 2) the criminal charge for the above.

See also: burglary trespass http://dictionary.law.com/Default.aspx?selected=98" onclick="window.open(this.href);return false;


United States v. Perea-Rey Subscription RequiredThe Recorder

05/31/2012

...roof and walls, and it was further enclosed by an iron fence that surrounded the residential property. The driveway gate of the fence was...
http://quest.law.com/Search/Search.do?N ... 1&x=2&y=10" onclick="window.open(this.href);return false;

Sorry, no. Burglary in Texas is specifically listed as habitation, building or vehicle only. See http://www.statutes.legis.state.tx.us/D ... /PE.30.htm" onclick="window.open(this.href);return false;.

Edit to add: And, before you use a case for quote, you need to see if it even has anything to do with burglary. United States v. Perea-Rey is a Fourth Amendment violation case.

[barstoolguru]

[
other enclosed property is a fenced in area with a locked gate

breaking and entering

n. 1) the criminal act of entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization. If there is intent to commit a crime, this is burglary. If there is no such intent, the breaking and entering alone is probably at least illegal trespass, which is a misdemeanor crime. 2) the criminal charge for the above.

See also: burglary trespass http://dictionary.law.com/Default.aspx?selected=98" onclick="window.open(this.href);return false;


United States v. Perea-Rey Subscription RequiredThe Recorder

05/31/2012

...roof and walls, and it was further enclosed by an iron fence that surrounded the residential property. The driveway gate of the fence was...
http://quest.law.com/Search/Search.do?N ... 1&x=2&y=10" onclick="window.open(this.href);return false;

Sorry, no. Burglary in Texas is specifically listed as habitation, building or vehicle only. See http://www.statutes.legis.state.tx.us/D ... /PE.30.htm" onclick="window.open(this.href);return false;.

Edit to add: And, before you use a case for quote, you need to see if it even has anything to do with burglary. United States v. Perea-Rey is a Fourth Amendment violation case.

CHAPTER 30. BURGLARY AND CRIMINAL TRESPASSSec. 30.01. DEFINITIONS. In this chapter:(1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:(A) each separately secured or occupied portion of the structure or vehicle; and(B) each structure appurtenant to or connected with the structure or vehicle.

ap·pur·te·nance (-pûrtn-ns)
n.
1. Something added to another, more important thing; an appendage.

[Keith B]

[
other enclosed property is a fenced in area with a locked gate

breaking and entering

n. 1) the criminal act of entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization. If there is intent to commit a crime, this is burglary. If there is no such intent, the breaking and entering alone is probably at least illegal trespass, which is a misdemeanor crime. 2) the criminal charge for the above.

See also: burglary trespass http://dictionary.law.com/Default.aspx?selected=98" onclick="window.open(this.href);return false;


United States v. Perea-Rey Subscription RequiredThe Recorder

05/31/2012

...roof and walls, and it was further enclosed by an iron fence that surrounded the residential property. The driveway gate of the fence was...
http://quest.law.com/Search/Search.do?N ... 1&x=2&y=10" onclick="window.open(this.href);return false;

Sorry, no. Burglary in Texas is specifically listed as habitation, building or vehicle only. See http://www.statutes.legis.state.tx.us/D ... /PE.30.htm" onclick="window.open(this.href);return false;.

Edit to add: And, before you use a case for quote, you need to see if it even has anything to do with burglary. United States v. Perea-Rey is a Fourth Amendment violation case.

CHAPTER 30. BURGLARY AND CRIMINAL TRESPASSSec. 30.01. DEFINITIONS. In this chapter:(1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:(A) each separately secured or occupied portion of the structure or vehicle; and(B) each structure appurtenant to or connected with the structure or vehicle.

ap·pur·te·nance (-pûrtn-ns)
n.
1. Something added to another, more important thing; an appendage.

Structure is defined already, so it has to be a structure appurtenant to the other structure. And, 30.05 clearly defines that entering fenced property is criminal trespass, not burglary

[barstoolguru]

you win....good to know... it is clear we can't call it a B&E

PC §30.05. CRIMINAL TRESPASS. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) “Entry” means the intrusion of the entire body.
(2) “Notice” means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;