Is it legal for some one to lean into your vehicle and photo the contents without your permission?

My soon to be ex brother in law watched and photographed as my sister, mother, and HIS children placed my sisters belongings in our vehicles and then leaned in to MY suv and told me I HAD to let him photograph EVERYTHING in my car, I placed my hand on the lens and yelled ‘no’ He is saying I assaulted him, who is right?

Asked on August 28, 2016 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are both right:
1) He *can* legally photograph from outside the vehicle, anything which he can see through the windows, the same way he can legally look at anything visible through the windows. But he can't lean into or enter your vehicle--that is trespassing.
2) However, even if he trespassed, you cannot push him away--that can be assault or battery, since the law does not give you a privilege to use force, even minimal force, on someone who is not a threat. The legally correct response would have been to call the police on him--preferably after using your cell phone camera to photograph him trespassing, etc.


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