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bo75007
questions about legality, particularly in Texas?
A dear friend of mine was arrested last night under circumstances that make my stomach turn. I was actually on the phone with her when her ex-boyfriend knocked on her door. When she opened it he forced his way inside, and began to take things that did not belong to him. I could hear him saying "I'm taking the Playstation" "I'm taking the computer". Things that I know she paid for with her own money. She actually purchased the computer from me.
The property is not really the issue here though, and in fact he left with neither of these items. She actually physically forced him out of the apartment and I'm very proud of her for it. Unfortunately, he went and called the police and to my utter disbelief my sweet friend, who has never had so much as a traffic ticket was placed in handcuffs and taken to jail solely on the word of her ex, who does have a criminal record, and his trashy friend that he brought to help him out in the situation. To make matters worse, the officers allowed him to enter the apartment, with their escort, and take anything he pleased. To my amazement, even I was allowed to enter the apartment and observe them. I think it was only due to this that he did not try to take the playstation and the computer. He had unhooked them and moved them close to the door. He decided not to take them, probably because if I had asked them to turn the devices on they would find her name all over both of them.
Now, the important details. This guy, while having stayed with her briefly, is not, and has never been listed on her lease agreement. This is solely her apartment with no co-signers. He has been asked several times to return his key. I was told by the officers on scene that none of this mattered and anyone that has stayed there for more than 24 hours can be considered living there and will have this right. I'm not really looking for "you should have done this" etc. What I am curious about is the legality of what has occurred here. I have no reference but what I've been told by apartment leasers in the past is that if you don't get yourself listed on the lease of the apartment that you are staying at, you will have no legal right to enter it should a dispute such as this arise.
I was never treated as a witness, even though I heard the whole incident. I heard her screaming at him over and over to "get out" "leave right now or I call the cops".
So anyway I'm wondering if any of you can tell me if this should be considered as a wrongful arrest, and if there is any charges that should be filed against the ex? Can a good lawyer help me find justice in this situation?
3 AnswersLaw Enforcement & Police1 decade ago