The Search & Seizure Show

Can you trespass someone sleeping in a rented storage unit?


Listen Later

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.

When it comes to law enforcement training, we are the gold standard visit blue to gold.com or call 888-579-7796 to learn more about our training books and free webinars. Also, don't forget to like, subscribe and share this channel.

...more
View all episodesView all episodes
Download on the App Store

The Search & Seizure ShowBy Anthony Bandiero

  • 5
  • 5
  • 5
  • 5
  • 5

5

19 ratings


More shows like The Search & Seizure Show

View all
The Joe Rogan Experience by Joe Rogan

The Joe Rogan Experience

227,718 Listeners

The Ben Shapiro Show by The Daily Wire

The Ben Shapiro Show

154,244 Listeners

Jocko Podcast by Jocko DEFCOR Network

Jocko Podcast

30,789 Listeners

REAL AF with Andy Frisella by Andy Frisella

REAL AF with Andy Frisella

32,755 Listeners

The Matt Walsh Show by The Daily Wire

The Matt Walsh Show

28,418 Listeners

Things Police See: Firsthand Accounts by Steven Gould: Police Officer, Background Investigator

Things Police See: Firsthand Accounts

1,225 Listeners

The Charlie Kirk Show by Charlie Kirk

The Charlie Kirk Show

71,818 Listeners

Shawn Ryan Show by Shawn Ryan

Shawn Ryan Show

44,121 Listeners

Hold These Truths with Dan Crenshaw by Dan Crenshaw

Hold These Truths with Dan Crenshaw

16,064 Listeners

Timcast IRL by Timcast Media

Timcast IRL

7,571 Listeners

Street Cop Podcast by Street Cop Training

Street Cop Podcast

958 Listeners

Iron Sights by Iron Sights

Iron Sights

102 Listeners

Shots Fired Podcast by Kyle Shoberg

Shots Fired Podcast

168 Listeners

The Debrief with Jon Becker by Jon Becker

The Debrief with Jon Becker

75 Listeners

The Tucker Carlson Show by Tucker Carlson Network

The Tucker Carlson Show

16,735 Listeners