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Yo_Mama_Been_Loggin

(137,387 posts)
Tue Jun 8, 2021, 03:03 PM Jun 2021

Mo Brooks released security camera footage of man following his wife to serve her with lawsuit

GOP Rep. Mo Brooks released security camera footage of his wife being followed into their garage and being served with a lawsuit against him for incitement over the Capitol riot on January 6.

Democratic Rep. Eric Swalwell is suing Rep. Brooks, former President Trump, Donald Trump Jr, and Rudy Giuliani for inciting the January 6 riot at the Capitol building. Brooks said on Sunday that he had finally been served after months of trying to evade it.

Rep. Brooks shared security camera footage of his wife being served the complaint. It appeared to show a process server driving quickly into Brooks' driveway and chasing into a garage after his wife to serve the complaint.

He accused Swalwell's team of committing a crime.

https://www.yahoo.com/news/mo-brooks-released-security-camera-130957932.html

Did he break your windows and shit on the floor?

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Mo Brooks released security camera footage of man following his wife to serve her with lawsuit (Original Post) Yo_Mama_Been_Loggin Jun 2021 OP
According to the article... they don't consider the garage to be the "house". WarGamer Jun 2021 #1
So service of process is committing a crime? treestar Jun 2021 #2
Had the process server previously been told by police to not trespass at that property? csziggy Jun 2021 #3
Spot on. Liberal In Texas Jun 2021 #4

csziggy

(34,189 posts)
3. Had the process server previously been told by police to not trespass at that property?
Tue Jun 8, 2021, 03:14 PM
Jun 2021

First, he did not enter the actual house according to Brooks. Second, in most cases, a trespasser is not charged on first offense. They had to be notified that they are not allowed on the property, and generally witnessed and told by an officer to not return.

Also, if a person is uncomfortable with their presence and tells them to leave, they are only charged if they do not leave and stay until police arrive. Oh - and is Brooks' property posted so that no one is allowed to drive up their driveway without committing an offense?

Having had to deal with trespassers and poachers on my property, I have dealt with interacting with the trespassers and cops on the subject - but I am not an attorney so there could be differences in nuance and state law.

I have to have my property fenced and/or posted at regular intervals. I have to notify possible trespassers that they are not allowed on my property. If they come in the front entrance and I am concerned over my safety, I have to ask them to leave and then call authorities if they do not leave. And if they leave before the cops witness them on my property, they may still not be charged.

It is not as easy as saying, "He trespassed!" for it to be a chargeable offense - at least here in Florida. In fact, it's easier to shoot them and claim castle law or stand your ground than to get someone charged with simple trespass. And we won't even go into poaching.

Liberal In Texas

(16,420 posts)
4. Spot on.
Tue Jun 8, 2021, 03:21 PM
Jun 2021

You're good to be about anywhere until you are told to leave. Then you'd better leave.

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