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9/22/2017 12:11:25 AM
Posted: 10/5/2005 1:43:13 PM EDT
What is the bill that passed this past legislature adding language to 30.05 prohibiting denying entry to a Peace Officer who carries a gun? Texas Statutes will not be fully updated till end of year and I was looking for it.
Link Posted: 10/6/2005 2:37:54 PM EDT
HB 2110 enacts new (but different) subsections (g) and (h) to clarify that peace officers are not committing the crime of trespass if they carry their weapon onto property where entry with a handgun is prohibited. This sections applies regardless of whether the officer is discharging
an offical duty at the time of entry.
This amendment should partially adddress an unresloved issue amoung Texas appeals courts regarding Texas exclusionary rule and trespass. Courts of appeas are devided on whether Article 38.23 requires exclusion if an officer technically commits trespass to get access to evidence(see, e.g., caeses such as Carroll v. State, 911 S.W.@d 210 (Tex. App. Austin 1995, no pet.): and State v. Hobbs, 824 S.W.2d 317 ( Tex.App. San Antonio 1992, pet.ref"d)
HB2110 addresses one potential way of committing trespass by clarifying that armed officers entering a building in which weapon possession is probibited have not committed trespass. Therefore, evidence seized in this situation will not be excluded under Article 38.23

Hope the above helps. its directly from the 2005-2007 Legislative Update from the Texas District and County Attorney's Association handout.

Might be on their website at www.tdcaa.com

Rich
Link Posted: 10/6/2005 3:48:27 PM EDT
Thanks, & great explanation too.
Link Posted: 10/6/2005 8:58:57 PM EDT

Originally Posted By rfulford:
HB 2110 enacts new (but different) subsections (g) and (h) to clarify that peace officers are not committing the crime of trespass if they carry their weapon onto property where entry with a handgun is prohibited. This sections applies regardless of whether the officer is discharging
an offical duty at the time of entry.
This amendment should partially adddress an unresloved issue amoung Texas appeals courts regarding Texas exclusionary rule and trespass. Courts of appeas are devided on whether Article 38.23 requires exclusion if an officer technically commits trespass to get access to evidence(see, e.g., caeses such as Carroll v. State, 911 S.W.@d 210 (Tex. App. Austin 1995, no pet.): and State v. Hobbs, 824 S.W.2d 317 ( Tex.App. San Antonio 1992, pet.ref"d)
HB2110 addresses one potential way of committing trespass by clarifying that armed officers entering a building in which weapon possession is probibited have not committed trespass. Therefore, evidence seized in this situation will not be excluded under Article 38.23

Hope the above helps. its directly from the 2005-2007 Legislative Update from the Texas District and County Attorney's Association handout.

Might be on their website at www.tdcaa.com

Rich



That is a great post. Good job
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