Police Trespass Affidavits Are Not Legal

No Complainant = No Enforcement Authority

This police affidavit conflicts with Fourth Amendment protections and Texas law, which require a complainant. This affidavit is not legal and risks civil rights violations and legal challenges.

In Texas, a police officer cannot legally stop or charge someone for criminal trespass without a complainant because the offense requires proof of lack of consent from the property owner or their representative. The police officer legally cannot be the representative since they are government employees 24/7.

This legal requirement applies to all police officers in Texas no matter if they are on-duty or off-duty working for a private business. Police Officer's legal restrictions apply to them 24/7 and is not legally removed because they are being directly paid by a private business when they are working off-duty.

Houston Metro Security: Your Trusted Security Authority

Houston Metro Security is legally authorized to enforce criminal trespassing as an agent of that business on their behalf and in their absence.

BREAK-DOWN OF WHAT POLICE ARE REQUIRED TO HAVE TO ENFORCE

1. What is Criminal Trespass in Texas?

Under Texas Penal Code § 30.05, criminal trespass occurs when a person enters or remains on someone else’s property without consent, knowing they are not authorized to be there. This typically requires evidence that the person was notified to leave or that entry was forbidden (e.g., via signs, fencing, or verbal warning)

2. Role of the Complainant

A complainant, typically the property owner or someone with authority over the property (e.g., a manager or agent), must report the trespass. This individual provides the basis for the claim that the person was on the property without permission. Without a complainant, there is no direct evidence or testimony to establish that the person lacked consent to be on the property, which is a key element of the offense.

3. Legal Requirement for a Complainant:

Texas law requires a complainant to initiate a criminal trespass case because the offense hinges on the property owner’s lack of consent. A police officer cannot assume or independently determine that a trespass occurred without a complainant’s statement or evidence. Stopping or charging someone solely on suspicion, without a complainant, risks violating due process, as the police officer would lack probable cause to establish all elements of the crime.

4. Probable Cause and Due Process:

For a stop or arrest to be legal, a police officer must have probable cause, which requires specific facts showing a crime has been committed. Without a complainant, the officer cannot verify that the person was unauthorized to be on the property. Charging someone without this evidence could lead to a false arrest or violation of the person’s rights, potentially resulting in the case being dismissed or the police officer, their agency, or the private employer facing liability.

5. Practical Example:

If a police officer sees someone on private property, they cannot stop or charge them for trespassing unless the property owner (or their representative) confirms the person is unauthorized.

6. Consequences of a Police Officer Acting Without a Complainant:

If a police officer stops or charges someone for trespassing without a complainant, it could be deemed an unlawful stop or arrest under the Fourth Amendment (unreasonable search and seizure). This could lead to suppression of evidence in court, dismissal of charges, or civil lawsuits against the officer or department for violating the individual’s rights.