“Burglarizing” Your Own Home? How the State Wasted Taxpayer Money to Prosecute a Roommate Dispute

By: John Guidry

File this under: Your taxpayer dollars hard at work, once again. Yes, there are violent criminals out there yet to be caught. Sure, there are schools that don’t have enough money to pay their teachers. But why spend money on such things when we can, instead, spend that money trying to convict someone of burglarizing their own apartment?

This sort of government waste happens all over Florida. Let me provide you with one expensive example: the case of Ryan Breen.

Did you get arrested for entering your own home during a breakup?

You have rights as a tenant. Call John today at (407) 423-1117.

The Case: Breen v. State (The Breakup Burglary)

Ryan Breen was arrested, convicted, and sentenced for Burglary of a Dwelling with Assault or Battery.

• The Facts: Ryan shared an apartment with his girlfriend. They were breaking up, and he was planning on moving out.
• The Incident: He entered the apartment during an argument.
• The Catch: His personal belongings were still inside the apartment. He hadn’t turned in his key. He hadn’t stopped paying rent.

The Charge: The State charged him with Burglary of a Dwelling with Battery.

• The Consequence: This is a First-Degree Felony Punishable by Life (PBL). It carries mandatory prison time under the scoresheet.
• The Absurdity: The State argued that because they were fighting, his “license” to enter the home had been revoked, making him a burglar in his own residence.

The Ruling: Stuff = Residency

Ryan was convicted at trial (heartbreaking and expensive). But fortunately, the First District Court of Appeal stepped in to stop the madness. In Breen v. State, 69 So. 3d 351 (Fla. 1st DCA 2011), the Court overturned his conviction.

The “Abandonment” Rule: The Court ruled that there was no evidence Ryan had “fully” moved out.

• The Law: To prove he lost his right to enter, the State had to prove Abandonment.“Proof of abandonment… requires that there must be ‘an intent to abandon and conduct by which the intention is carried into effect, or such a relinquishment by the tenant as will justify an immediate resumption of possession by the landlord.'”
• The Reality: Because his clothes and furniture were still there, and he was only planning to move out, he was still a legal tenant. You cannot burglarize a place you have a legal right to occupy.

John’s 2026 Update: Smart Locks & The “Digital Eviction”

Note: In 2011, Breen had a physical key. In 2026, you have an App.

1. The “Smart Lock” Trap In 2026, many domestic burglary cases start with a Smart Lock.

• The Scenario: You get into a fight. Your ex opens the “Nest” or “Ring” app and deletes your User Code. You come home, the code doesn’t work, so you climb through a window to get your clothes.
• The Charge: The police argue that revoking your digital access was a “Revocation of Consent,” making your window entry a Burglary.
• The Defense: We argue Breen. Deleting an app user does NOT override property law. Unless there is a Court Order (Injunction) or a formal Eviction, you cannot “digitally evict” a legal tenant.

2. “Marsy’s Law” Weaponization Prosecutors now use Marsy’s Law (Victim’s Rights) to argue that the victim has a right to “safety” that overrides your property rights.

• The Danger: If the police issue a “No Contact Order” as a condition of bond on a minor argument, DO NOT GO HOME. Even if you pay the rent, that order legally revokes your license to enter. Entering to get your toothbrush becomes a felony burglary.

3. Text Messages as “Abandonment” In Breen, the court looked at his physical stuff. In 2026, they look at your texts.

• The Warning: If you text your ex: “I’m done. I’m leaving. Keep the stuff, I never want to see that place again,” prosecutors will use that text as Proof of Abandonment. If you go back later, they will charge you with burglary because you surrendered your residency via text.

Don’t Self-Help

If you are locked out—digitally or physically—do not break in. That gives the State exactly what they want: a reason to upgrade a domestic dispute into a Life Felony. Call the police for a “Civil Standby” to get your things, or call a lawyer to force entry legally.

Call me at (407) 423-1117. Let’s get your keys back.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.