Legal Question in Civil Litigation in Florida

Warrantless Entry, landlord assisted, breach of pace in home

Someone please advise what kind of case I have, if there is one. The police called the landlord and got the maintenance man to bring key to let the police in because there was supposedly reports of yelling in our apartment. We were asleep and were taken out of bed by the police thy asked us bot if we were ok, we both aid yes and asked why they were there. They explained the reports and we were both furious, only dressed in our underwear we asked if they had a warrant and they said no, we then said ''get the f*** out of th apartment and give us your names and badge numbers''. We were then arrested for ''Breach of Peace''. the judge dismissed the case, after we spent several nights in jail, he stated that we cannot brach the peace in our own home and that cursing and speaking loudly were no grounds for breach of peace, he aid the words would have to be ''fighting'' words ad would have to be meant to start a fight or riot. My girlfriend sleeps completly dressed now and has givn neighbors keys to our aprtment as when we were arrested we were only in underwear and were not given the opportunity to take our home keys with us, so even when we were released we were still locked out. Is this a civil suit, if so what does it fall under? Thanks!


Asked on 1/10/01, 7:57 pm

2 Answers from Attorneys
Robert McCall Law Office of Robert McCall

Re: Warrantless Entry, landlord assisted, breach of pace in home

Based on what you wrote you both probably have a legitimate lawsuit against the police department and the individual officers involved. You probably do not have a lawsuit against your landlord. Talk to a local lawyer.

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Answered on 1/24/01, 8:50 am
Jorge Otero Jorge E. Otero & Associates, P.A.

Re: Warrantless Entry, landlord assisted, breach of pace in home

Based upon the facts as represented, your action would be one of false imprisonment/false arrest against the officer, the municipality where the officer works, and perhaps the landlord. You also may have a cause of action for malicious prosecution agaisnt the officer and the landlord. This situation could have also triggered some rights under 42 USCA 1983 (Civil Rights Act), but we would need to obtain more facts. Should you want to inquire further, see an attorney in your area or give us a call.

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Answered on 1/24/01, 2:33 pm


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