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thewebguyd a day ago | parent | next [-]

No. Unlocked door != legal entry. "Breaking" in B&E doesn't require any physical damage. Pushing open an unlocked door or entering a place without authorization counts. If I leave my home to go to the store, and leave the door unlocked and someone walks in, they are still committing a crime.

There are also no tenant protections for criminal intruders, squatter protections require a claim of right like a disputed lease or a holdover tenancy, or continuous possession over many years. Someone that just walks into a residence is an active trespasser and can be arrested for criminal trespass or burglary.

	▲	ipaddr 17 hours ago \| parent [-]
		In New York state as long as you don't open the door you can wait out 30 days which give you rights. Walking through an unlocked door isn't breaking and entering at best it's trespassing.

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LaffertyDev a day ago | parent | prev | next [-]

This is not how it works. Even a cursory glance at the law makes it clear that this is not how it works.

Here is New York: https://www.nysenate.gov/legislation/laws/PEN/140.20

	▲	ipaddr 17 hours ago \| parent [-]
		A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. You need to prove intending to commit a crime.

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maxwells-daemon a day ago | parent | prev | next [-]

Funny enough, I had some valuable stuff (including my passport!) stolen from my car, which I'd left unlocked because I was moving some heavy boxes. The police in my area (bay area) said they couldn't really do anything about it because they didn't break a window.

I don't know exactly what legal technicalities are involved, but this did actually happen to me in a de facto sense!

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wildzzz 21 hours ago | parent [-]

That's cops being lazy because they now don't need to write a report for your car insurance to replace the non-broken window. However, your homeowners or renters insurance may cover the stolen items. In general, there's probably nothing to do about stolen items from a car because literally anyone could have done it and it's not like your car was a sterile environment to begin with (millions of fingerprints and pieces of random DNA everywhere). To give them the benefit of the doubt, why should they expel manpower and resources over items that your insurance will replace when those resources could be put to use in investigating violent crimes? Although in reality, even with photographic evidence and location tracking of the stolen items, the cops still probably won't do anything other than write a report unless it's a very slow day.

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saghm 21 hours ago | parent [-]

Yeah, what this anecdote actually proves is that there's no legal protection against the cops just deciding not to do their jobs.

	▲	thewebguyd 19 hours ago \| parent [-]
		The supreme court doubly proved that again recently ruling that the police have no specific duty to protect individuals or even respond for that matter.

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victorbjorklund a day ago | parent | prev | next [-]

That’s like saying it’s not manslaughter if you kill a woman because no ”man” died.

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solfox a day ago | parent | prev | next [-]

Laws around breaking and entering date back to WELL before mechanical locks were commonplace or even affordable to residences.

	▲	ipaddr 17 hours ago \| parent [-]
		[dead]

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drowntoge a day ago | parent | prev | next [-]

Do not try this at homes that belong to other people.

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bakies a day ago | parent | prev | next [-]

No it doesnt, that's still breaking and entering

	▲	ipaddr 17 hours ago \| parent [-]
		Trespassing but not breaking and entering.

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reluctant_dev a day ago | parent | prev | next [-]

Ha this is the logic Richard Chase used to enter peoples homes

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iwontberude a day ago | parent | prev [-]

[flagged]

	▲	tomhow 9 hours ago \| parent [-]
		We've banned this account. We've asked you several times across multiple accounts to observe the guidelines. You know this isn't acceptable.