Neighbor Followed my wife into our garage

[chrispix]

This is a little one sided, as I mainly got the story from my wife, but here it is.
My wife is driving home, and is following a pickup going 20-25mph on a 35 mph street. She does not pass, and just stays behind them (one lane each way). They end up pulling into our neighborhood, and she is following them still, and they slow down to 10-15mph (this is what a guy in the pickup said - more on that later). Well she passes them going 30mph, no speed limit signs posted in the neighborhood, and its about 9:30pm. If I recall from drivers ed, speedlimit in a neighborhood is 30mph unless posted (at least in texas).

So. She passes them, then they speed up, and she pulls into the alley, and then they pull in behind her, she pulls into the drive way and into the garage, and tries to close the door behind her, the guy is already out of the truck and in the garage enough to keep the door from closing. (Would this warrent any charges-entering into my private property w/out invitation?)

So my wife runs into the house, saying a guy followed her into the garage, so me and my wifes sisters b/f (he is about 6'6 and 300lbs - big boy), go out, and find the guy standing in my driveway. It almost got confrontational (almost to punches), but I managed to keep the b/f calmed down, and asked the guy to step off my property (before things escalated). Anyway, he was saying my wife had been speeding thru the neighborhood and even PASSED him. We asked how fast he was going and he said 10-15 mph, he said she must have been going 30mph!! We informed him that was the speed limit, and he was wanting to call the police, I said go ahead, I will wait right here. Anyway, he also said she fly's down the alley, I have got onto my wife about that going 20mph in an alley (speed limit should be 10mph).. But I know she does not speed anywhere else, (well, speed well over the speed limit), she got pulled over for speeding a few days ago. For 71mph in a 70.

Anyway. Back to the original question. Can anything be done if this guy tries something like this again (I doubt he will), my wife was terrified last night, and could not fall asleep, she kept thinking what if I had not been home. etc. etc.

Well I told her next time, don't stop keep driving, and call the police on her cell phone (or she should have at least called me on her cell when she saw them speed up and follow her).

Anyway, any thoughts?

Thanks,

[mcsap]

If anyone appears to be following you ( esp a female at night) don't go home. Drive to a well lit 24 hr convenience store or the police station parking lot while calling you and or the police.

The other driver had NO lawful right to enter your property. But you must tell him to leave. If he refuses to leave, call the police.

If you know who he is , send him a properly worded ( not threatening) letter by certified mail advising him that he is to leave you and yuor family alone, that he is to stay off of your property and that if he has a complaint about you or your wifes driving, he is welome to call the local police , not you. Should he fail to comply and in anyway harasses, stalks or otherwise terrorizes you or your family or trespasses on your property ,you will call the police and have him arrested. Send a copy to your local PD for their files and keep a copy for yourself.

If he has complaints about your wifes driving, tell him to call the police and you will be glad to talk to THEM.

[Coastie 585]

Nicely put.

[tenfour]

Yeah, he cant just follow you wife up into your property. And hell, your wife was flying down the alley because she was scared and wanted to get home. I would send him a letter.

[txinvestigator1]

Yeah, he cant just follow you wife up into your property. And hell, your wife was flying down the alley because she was scared and wanted to get home. I would send him a letter.

I guess he can because he did.

He also was not given any notice not to enter the property, so he broke no law there. Once he was told to leave and did not, he was tresspassing.

I would have had cell phone in hand dialing 911 when I went to the garage to confront him. I also would have been armed, but thats just me. I would have had NO conversation with the man, other than to tell him to leave my property.

If you have a license plate number on him you can go to http://www.publicdata.com , sign up and run his tag. That will assist you sending a certified letter.

The other advice given tp your wife here is right on.

Now if I may, and no intent to offend or imply this guy was the least bit justified; Could you wife have perhaps been tailgating this guy because he was driving too slow for her taste? When he slowed even more she whipped around him?

Again, this gives no justfication for the mans actions, but it might give hima reason. My wife is an aggressive driver, and I have had to remind her that driving that way could get her killed.

At any rate, good luck.

[Jynkxxie]

Yeah, try living where I live...some man can be on my property and as long as he is not peeping in any windows it is not illegal for him to be there.

I have also had phsyco "in love" idiots try to follow me home...I don't bother calling the police...I just drive to them, usually, not always once the guy/whoever figures out where I am going they ride on.

[chrispix]

Thanks I appreciate it. The only reason I figured he had no right to be on my property is that my wife tried to close the garage door, but he kept it from closing by tripping the sensor. As far as everything else, yes she could have been tailgating him. And if she was, maybe she learned a lesson. The guy seemed to be from the backwoods, as he did not know that the speed limit was 30mph in a neighborhood, he kept saying it was 15 since there were no signs posted. Regardless, I am the president of the HOA, and don't really want to make enemies. So I might just go down and talk to the guy, I think the driver of the trucks wife is on one of the committees, so I might go thru her.

And if someone has a problem w/ a speeder, report it to the police.

I am glad I was able to calm him and the b/f down, and they left quietly. Maybe thats a sign that I might be a decent police officer, being able to talk an angry person to being quiet, and not cussing..

[Whitewolf1970]

If he FOLLOW me to my home, I would definitely call 911 and report him if he won't leave. Then file a TRO against him to stay away from my home and kids. He'll break the rule and get in a hot slammer. ;)

[Seand442]

it sounds to me like someone with a little too much time on their hands. Every neighborhood has at least one guy who wants to pretend to be a cop but doesn't have a first clue. I would say shrug off this time. The gentleman has been told not to return on your property. If he comes back, call the cops and get him for trespassing. I am assuming it is a plain 2 way residential street your wife passed the guy on. Next time,Tell her to sit back and turn the radio up, It saved her a total of a minute or 2 and she got the crap scared out of her. Not worth it.

[tenfour]

so he has the right to enter the property uninvited, but has to leave it asked to. What if he entered the property and followed his wife into the house and proceeded try and rape her, other than the rape he broke no law against tresspassing? So basically you just have to make sure and ask the person to get off the property in order for it to be unlawful?

[mcsap]

There is a DIFFERENCE between a dwelling and a garage.

However, with the added info that this guy was intentionally tripping the garage door " kid safety" beam, it does compund that she was trying to get away from him and he was preventing her from doing so.

It is possible that I would have cited him for Disorderly Conduct or Simple Trespass if I was there and heard the entire saga.

[Babysmamadrama]

so he has the right to enter the property uninvited, but has to leave it asked to. What if he entered the property and followed his wife into the house and proceeded try and rape her, other than the rape he broke no law against tresspassing? So basically you just have to make sure and ask the person to get off the property in order for it to be unlawful?

In Missouri, trespassing is usually considered an infraction unless posted clearly in a obvious place. Then there is an added degree to it. Also if the guy went into the house and then raped the lady later, he could be charged with Trespassing 1st because he committed a crime while trespassing.

Or charged with Burglary 1st.

[chrispix]

Thanks for your replies, I might write a letter, although I also don't want to be causing fights with neighbors. When he left he knew where he stood (in the alley, not my garage). I don't want complaints etc hanging over my head when I apply next spring for the city police..

[txinvestigator1]

so he has the right to enter the property uninvited, but has to leave it asked to. What if he entered the property and followed his wife into the house and proceeded try and rape her, other than the rape he broke no law against tresspassing? So basically you just have to make sure and ask the person to get off the property in order for it to be unlawful?

No, he if tried to rape her in the house, it would be Burglary and Rape.

My point is that unless notice that entry is forbidden is posted, then he committed no violation by going into the driveway or walking into the garage.

Texas Penal Code



§30.05. Criminal trespass.

(a) A person commits an offense if he enters or remains on or
in property, including an aircraft or other vehicle, of another
without effective consent or he enters or remains in a building of
another without effective consent and he:

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so.

(b) For purposes of this section:

(1) "Entry" means the intrusion of the entire body.

[greenlead]

Was the garage part of the house, or was it a separate building?

Has your wife considered applying for a concealed carry permit?