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Can you physically hold someone down if they are caught trespassing at night on your property in Texas?
I have some rude kids that live in my neighborhood and the surrounding area. They like to vandalize my yard, house and car around 1-3 am in the morning. I'm tempted to set up between those hours and catch them. But I do not want to get arrested for putting my hands on a minor kid.
The parents obviously don't care what the kids do if they are out that late of night roaming the neighborhoods! So talking to the parents is like telling those kids to stop.
5 Answers
- ?Lv 71 decade agoFavorite Answer
Under Texas law you can use force to remove a trespasser from your property. But you can not hold them there. To restrain someone you are making an arrest. A person AND a peace officer can make an arrest for a felony or a breach of peace. To my knowledge trespassing is not a breach of peace. If you restrain someone for trespassing alone you run the risk of being prosecuted for unlawful restraint.
The law makes no mention of age. If you are justified in using force age does not matter. BUT the prosecutor will look at everything. Since you are an adult and they are "kids" your justification in using force will be much narrower.
See:
Sec. 20.02. UNLAWFUL RESTRAINT
http://www.statutes.legis.state.tx.us/Docs/PE/htm/...
Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY
http://www.statutes.legis.state.tx.us/Docs/PE/htm/...
Now you talked about vandalism and other crimes. You can use force to stop criminal mischief. This is what vandals commit. I would NEVER recommend it, but you can use deadly force to stop criminal mischief at night. See Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY
http://www.statutes.legis.state.tx.us/Docs/PE/htm/...
If:
You believe there is no other way to stop it AND
Using anything other than deadly force would put you at too much of a risk (but this does not mean you must be in fear of your life at that moment).
But deadly force is not what you want to use. If they are committing arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime then you can use force to restrain them. Most of these are considered a felony, theft and criminal mischief can be considered a felony depending on the value of what is stolen or damaged.
Using force can and probably will cause you to be sued. Whether or not they can win is something else. The parent do not care now, but when they see a chance of winning a "lawsuit lottery" they magically start caring.
I recommend you read Chapter 9 of the Texas Penal Code. This explains the justification of using force and deadly force.
http://www.statutes.legis.state.tx.us/Docs/PE/htm/...
Also read Art. 14.01 of the Texas Code of Criminal Procedure this explains who can make an arrest.
Art. 14.01. OFFENSE WITHIN VIEW. (a) A peace officer or ANY other PERSON, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace (peace officers can arrest for any crime committed in their view, in their jurisdiction).
http://www.statutes.legis.state.tx.us/Docs/CR/htm/...
If you are justified in making an arrest you can use force to make that arrest if need be.
Sec. 9.51. ARREST AND SEARCH
(b) A person other than a peace officer (or one acting at his direction) is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before using force, the actor manifests his purpose to and the reason for the arrest or reasonably believes his purpose and the reason are already known by or cannot reasonably be made known to the person to be arrested.
Source(s): Sorry so long of a post, but you NEED to know all of it. So DO NOT listen to me or any other person. You must read the law for yourself, you are the one that will suffer the consequences. - lestermountLv 71 decade ago
You can keep someone captive on your property or your business until the police arrive.
Burglary at night is a more serious offense than in the day time in Texas.
- Francisco AlvesLv 41 decade ago
Leave the cops out of this. Have 4 water guns ready and filled with PVA paint mixed with only a little water and wait for them.
- ?Lv 61 decade ago
You can in any state. However, you have to have caught them when they were vandalizing. You can't if you just saw them on your property.
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- HDLv 71 decade ago
i wouldn't, you could be the one who gets arrested, talk to their parents or the police, let them handle it.