The Search & Seizure Show

Can you trespass someone sleeping in a rented storage unit?


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Alright guys, today's question comes from an officer in Texas and asked me, Can you trespass? Someone sleeping in a rented storage unit, I am sure that all of you have run into something similar. So Now, usually I don't touch statute issues. I'm a search and seizure guy. But I think I can address this when I see them being pretty straightforward.

And the answer is, yes. I think that this ties in with search and seizure, because we have a lot of debates today about, you know, when Pete When homeless people have nowhere to go, you know, police options are sometimes limited. But we're when we're talking about those cases, Martin versus Boise, for example, out of the Ninth Circuit, we're talking about situations of public property, right? There is a debate going on around the country, where if homeless people do not have a place to go, and they're sleeping in parks, and so forth, and under bridges, and cops want to trespass them and move them along. The question for the courts becomes where, right, okay, you want to move them from here to there? Or move them? And then where, right? Where can they go? Is there a shelter available, if there's not a shelter available is another place that they can go like a designated urban camping spot. So that's kind of where I think the flavor is coming from. But normally, we don't have those issues when it comes to private property. Now, the storage unit is not a hotel, it's not sanitary, there's no bathrooms. It's just, you know, the it's not safe, frankly, for safe and sanitary, sanitary, for people to be sleeping in storage units. So this the, if the rental storage unit, you know, manager wants to kick these people out for improper use of the storage unit, I see no problem at all, for criminal trespass, for my understanding of Texas law, but you know, even a lot of places, it's just not going to be a lawful use of the premises. So therefore, they can be trespassed, I think it's a pretty straightforward question. I understand. I'm going to also again, give a little spin about how to look at it through the eyes of maybe some search and seizure issues because of the homelessness problems pervasive around the country. But again, I don't think that's going to change the outcome here. I think that the storage unit absolutely has the right to keep people out of their storage unit living in there, and they can be trespassed for it. Alright, so pretty straightforward answer, hopefully move the ball forward a little bit before you guys go. Do me a favor, hit like, please hit subscribe, and tell your friends about us. Alright, until next time, my friends stay safe.

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The Search & Seizure ShowBy Anthony Bandiero

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