Florida  |  Civil Litigation

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1/10/01, 7:57 pm

Legal Question


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!


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