Arbrey trial verdicts in

MtnCreek

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Jan 6, 2012
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This is a case where I believe the "bad guy" is the one taking the dirt nap and the "good guys" are going to jail for it.

I also believe they should......as fucked up as that seems.
We disagree on what the outcome should be, but I understand where you're coming from. Two things that really piss me off about this is Atlanta stepping in and the lying media selling a bs story.
 

redneckbmxer24

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  • Jan 15, 2005
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    That is proof he was trespassing. Perhaps, felony trespassing. That in itself is probable cause. The rednecks should have called the cops, or kept him from stepping into the street.

    No, it doesn’t prove trespassing. First you’d have to prove that a dead guy knew that he wasn’t supposed to be there.

    It still doesn’t matter at the time of the incident. Seeing the guy that they’ve seen trespassing on video is not grounds to go arrest him. They have to actually know that someone has just committed a crime to arrest them. I also doubt you can arrest someone on a low grade misdemeanor in GA, and that’s what trespassing is.
     
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    DarnYankeeUSMC

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  • Mar 18, 2012
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    In your head
    You need to look at what the laws are on trespassing.
    That is proof he was trespassing. Perhaps, felony trespassing. That in itself is probable cause. The rednecks should have called the cops, or kept him from stepping into the street.
    Was the place secured? Was there signage for no trespassing? Was he asked to leave the property by the owner? Did he refuse to leave or did he return after being asked to leave?
     

    theLBC

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  • Jun 21, 2019
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    this is what we need. thousands of people sharing with others, and those people sharing, and so on.
    the only way to overcome the narrative is to share the counter-narrative.
    the alternative is to stand back and just watch it happen.
    your choice.
     

    MtnCreek

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    No, it doesn’t prove trespassing. First you’d have to prove that a dead guy knew that he wasn’t supposed to be there.

    It still doesn’t matter at the time of the incident. Seeing the guy that they’ve seen trespassing on video is not grounds to go arrest him. They have to actually know that someone has just committed a crime to arrest them. I also doubt you can arrest someone on a low grade misdemeanor in GA, and that’s what trespassing is.
    I think at the time this happened arrest was only for felony. The pussies in Atlanta changed it after this and now it's even more limited. You'd probably be on better ground to shoot someone than detain them now.
     

    jr81452

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    Jul 5, 2007
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    In my state, if he opened the door and walked into the dwelling, he is guilty of criminal tresspass.
    Sorry, but you are incorrect:

    Sec. 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, a general residential operation operating as a residential treatment center, 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;

    (C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;

    (D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:

    (i) vertical lines of not less than eight inches in length and not less than one inch in width;

    (ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and

    (iii) placed at locations that are readily visible to any person approaching the property and no more than:

    (a) 100 feet apart on forest land; or

    (b) 1,000 feet apart on land other than forest land; or

    (E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.



    If you intend to shoot someone just for being on or in your property (without intent to commit a crime, which would make it burglary), you should post NOTICE per the above guide.
     

    SouthFLShootin

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    Jan 8, 2019
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    Here in FL, if a construction site has the proper signage up, anyone who isnt supposed to be on the property can be charged and likely convicted of a third degree felony trespass. No need to ask anyone to leave first.

    I also think grabbing a gun and interjecting yourself into a situation like this isn't a smart choice.
     
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    eastexsteve

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    Nov 18, 2018
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    Sorry, but you are incorrect:

    Sec. 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, a general residential operation operating as a residential treatment center, 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;

    (C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;

    (D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:

    (i) vertical lines of not less than eight inches in length and not less than one inch in width;

    (ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and

    (iii) placed at locations that are readily visible to any person approaching the property and no more than:

    (a) 100 feet apart on forest land; or

    (b) 1,000 feet apart on land other than forest land; or

    (E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.



    If you intend to shoot someone just for being on or in your property (without intent to commit a crime, which would make it burglary), you should post NOTICE per the above guide.
    Read (2)(B) real hard again. Judges in my county rule that a building on private property with a closed door fits that description.

    It's also worth noting that in some counties in Texas, you are assumed trespassing unless you can produce a document signed by the landowner or agent giving you permission to be there. (Harris county comes to mind.) Also, in my county, the purple paint marker is a big deal. If there is so much as one strand of rusty wire, or one dab of purple paint on a tree every now and then anywhere on that property line, you have some 'splainin to do. You might eventually get out of the trespassing charge by saying "I didn't see it" but you will definitely take the ride. And, it will be a long hard one. Many years ago, we had a rash of people driving on to oilfield locations for impromptu hunting and camping, and others turning dogs loose for hunting on the highways and allowing them to run across property lines to the next highway. The property owners got a belly full of it, and the judges got extremely tough on what the law defines.

    Even today, if an oilfield worker comes on my property and thinks he has to get one tire off that access road or platform on to my property, he will first get my permission. The last one who decided to enter my property through an opening that was NOT on their defined access road lost his job over it, and the oil company built me a really nice new locked gate and corner posts at that location, and gave me the only key. Hey, I didn't even have to call the law. They voluntarily did all this to convince me not to file trespassing on them after I caught him.
     
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