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by dlh
Fri Apr 13, 2018 7:53 am
Forum: General Texas CHL Discussion
Topic: New Year's eve arrest at Houston Hyatt
Replies: 59
Views: 14141

Re: New Year's eve arrest at Houston Hyatt

Possibly the reporter got it wrong and the D.A. submitted it as a "no-rec" case. That means the District Attorney did not make a recommendation and simply let the grand jury decide.

If they really want to pursue charges the police could always ask the County Attorney or the City Attorney to file the assault case as a lesser misdemeanor offense without grand jury involvement.
by dlh
Wed Jan 03, 2018 6:39 am
Forum: General Texas CHL Discussion
Topic: New Year's eve arrest at Houston Hyatt
Replies: 59
Views: 14141

Re: New Year's eve arrest at Houston Hyatt

srothstein wrote:I think we may need to pay very close attention to this case. It may have a side effect we do not like.

The man had rented a room from the hotel and was asked to leave. The police arrested him and did charge him with criminal trespass for refusing to leave. Think about this for a minute.

Several times, we have stated in this forum that a hotel room is like an extension of your residence. You have control of it and can carry guns in there despite a 30.06 sign properly posted on the hotel doors. If the hotel room is an extension of your home (or the equivalent thereof) then this is a true statement.

But if I am asked to leave my own home or residence, I cannot be charged with criminal trespass for declining to leave. To get me out of my home against my will takes an eviction order from a court. This is true if I own the home and failed to pay a mortgage or tax on it, and it is true if I rent an apartment and break the lease in some way (such as having a loud party or not paying my rent).

The suspect in this case was charged with criminal trespass. I could be worried about things for no reason, having missed something somewhere. But I think this case needs to be watched very carefully to make sure we do not lose out on something by a poor decision.
This is an interesting article discussing the rights and duties of hotels and their guests, but no mention of the criminal trespass issue:

http://www.dentonlaw.com/newsarticles/t ... t-alagood/
by dlh
Sun Dec 31, 2017 5:55 pm
Forum: General Texas CHL Discussion
Topic: New Year's eve arrest at Houston Hyatt
Replies: 59
Views: 14141

Re: New Year's eve arrest at Houston Hyatt

I read somewhere the hotel personnel asked him to leave the hotel and he refused. Even did so in the presence of the officer. Textbook trespass.

Remains to be seen what the justice system will "finally" charge him with.

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