Legal Question in Civil Litigation in Florida

I live in Orlando last night I got pulled over by a private security company in my girlfriends apartment complex for following a car into the complex through the gate. �I explained to the security that the gate key was in her car and she was a resident I was a guest. �He demanded my I'd I refused my girlfriend is two months pregnant so I proceeded to drop her and her brother off at which time i parked my vehicle 4 spaces over from security. I approached the guard and apologized for leaving trying to explain that my girlfriend is pregnant and I wanted to eliminate her from the stress induced environment . Before getting it all out the guard scream get the f*** back and began unholstering his weapon I was approximately ten feet away. I put my hands up and called 911. Two sherrifs responded and I was never given my rights as a victim I was denied the ability to press charges the officer said he could validate the occurrence as it's �"here say". �I feel like my rights as a victim were denied by the sheriffs and the stress induced on my pregnant girlfriend and myself by the security was not necessary or just.�


Asked on 1/13/11, 1:07 pm

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

The security guard was hired to protect the area residents (including your pregnant girlfriend) from intruders who gain access to the property by following another car through the gate, because the intruder does not have a gate key. The guard saw an intruder (you) sneaking into the complex without a gate key (it doesn't matter where the key was, you didn't have it) and then the guard saw you drive off after refusing to provide your ID. Then the guard saw you (a stranger and non-resident) approaching, not knowing what sort of trouble you were intending to cause.

You are lucky that you wern't arrested by the two officers that showed up. You were not a "victim" here, and the only rights you may have had were Miranda rights, but only had the officers decided to arrest you. You were an intruder, who should have parked your car outside the complex, and walked into the security area, with your ID and your girlfriend's ID and asked security to open the gate for you. Instead, you did what you know you shouldn't have done, and then got smart with security refusing to show ID.

The officers are correct. All of your story is "hearsay" and they were not witnesses to the events, and could not use your story to somehow press charges against the security guard for doing his job.

Tell your pregnant girlfriend to keep her gate key in her purse.

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Answered on 1/20/11, 6:00 am


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