POLICE TRESPASS AFFIDAVIT

We have seen these affidavits (or similar variants) used by businesses throughout Texas and utilized by law enforcement in an attempt to skip their legal requirement of probable cause to remove trespassers.

These affidavits are not legal or authorized by state law.

These affidavits are not enforceable in court due to lack of probable cause.

Per the 4th Amendment of the U.S. Constitution, a law enforcement officer is legally required to have probable cause to investigate or make an arrest on a crime.

1. THESE AFFIDAVITS ARE NOT PROBABLE CAUSE.

2. THESE AFFIDAVITS ARE NOT PROBABLE CAUSE ON "STAND-BY".

3. THESE AFFIDAVITS ARE NOT CRIMINAL COMPLAINT FORMS.

A law enforcement officer cannot act on behalf (or in the absence of) of a private property / business as their agent, as this affidavit states, even with written permission of that private property / business, due to the law enforcement officer being a government employee 24/7, no matter if they are on or off duty.

Per 30.05 Texas Penal Code (Criminal Trespass), only someone with apparent authority can act as an agent of, or on behalf, another.  A government employee cannot be that "apparent authority" for these reasons stated here.

In other words,  HOUSTON METRO SECURITY can act as an agent for another private entity via a contract.

1. Without the complainant (property owner or their designee) on the scene to make a criminal complaint to law enforcement on a person they believe is trespassing on their property, a law enforcement officer cannot force that person to answer any of their questions, cannot force that person to leave that property or physically remove them, or "pre-detain" that person, per this affidavit, and then call the property owner to ask if they want to prosecute the trespasser.

2. The law enforcement officer cannot be the complainant.

3. A private business cannot authorize a law enforcement officer to violate another person's civil rights - which this affidavit does.

Just because these various law enforcement agencies are using these affidavits, does not make these affidavits legal.

These affidavits are "Indemnity Forms" to absolve the law enforcement officer or agency from any liability in the event of an unlawful arrest, or any other incident (excessive force complaint, shooting, etc...).

SOLUTION: HIRE HOUSTON METRO SECURITY TO ACT ON YOUR BEHALF. OUR TRESPASS AFFIDAVITS ARE LEGAL AND ENFORCEABLE.. CALL TODAY.

LEGAL DISCLAIMER: CONSULT WITH YOUR ATTORNEY FOR LEGAL ADVICE.. NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS LEGAL ADVICE. THE INFORMATION PUBLISHED IS BASED ON CONSULTATIONS WITH OUR ATTORNEYS AND OUR EXTENSIVE EXPERIENCE IN BOTH THE LAW ENFORCEMENT PROFESSION AND SECURITY INDUSTRY.