Hello. My neighbor and I used to be friends. For a time she gave me a key to her place. I later left it at her place and no longer have it. She and I had an exchange of notes where she asked me to return a book to her. A few days later I left the book in front of her door as she asked.
Now, a couple of weeks later I have a cop knocking on my door. He said that she said that she found the book inside of her apartment - implying that I somehow got in (via a key) and put the book inside. He said that I could possibly be arrested for breaking and entering. Apparently there might be other evidence. It is impossible for there to be physical evidence of me entering (since I did not). Though they may construct means (they assume I copied the key) and motive - since I guess they could assume that I wanted to be mean and cause her distress...
So does she have a case? What is needed to prove breaking and entering? Thank you in advance for answers/suggestions you may have.
2007-01-08 09:50:45 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Breaking and Entering, Is breaking something to gain access. I you use a key to enter, you can be in trouble for illegal entry. But the burden of proof is on her as this becomes one person's word against that of the other's.
2007-01-08 10:01:25 · answer #1 · answered by Anonymous · 0⤊ 2⤋
You didn't say what state you live in, but in general, Yes you can be arrested for breaking and entering without actually breaking anything. Merely breaking the plain of the door is enough, imagine if you were intending to break open a door you had your crow bar in hand and looked down and saw the owner had left the keys in the lock. You wouldn't beat the rap just because you got lucky.
As far as proving it goes, they would use direct and circumstantial evidence. If they had your foot prints or finger prints in the house they could use that. I doubt they have anything in the way of direct evidence since they waited a couple of weeks.
Yes, they could use circumstantial evidence like the fact you "could" have duplicated the key. But if this is all they have for it to be really effective they would have to butress this with other evidence like a reciept or witness from a harware store that saw you duplicating keys or something like that. Anything less it is unlikely a prosecutor would waste his/her time with bringing a case they couldn't prove.
Most likely though the cop was bluffing (lying if your a bit more cynical). Lot of times cops will tell you they have more then they actually do to see if you will crack and confess. If they want to ask you more questions, refuse and direct them to your attorney. Which by the way, I suggest you at least speak to one then retain if they cops or the neighbor continue to pursue this. I doubt it though, this sounds a little to petty to occupy much more of the polices time.
2007-01-08 17:58:44 · answer #2 · answered by Daz2020 4 · 0⤊ 1⤋
Not true. I work for the Sheriff's Office in my county. You can absolutely be charged with breaking and entering EVEN if you have a key. If its untrue, you could always go to your local magistrates office and file a warrant for her arrest for filing a false report. But (and here's the catch) if you plead or are found guilty, the case will be thrown out against her. You may have better luck at just trying to mend the fence and go speak to her. If you can talk to her and ask her to drop the charges you may get out of this one.
One problem that people have is that they tend to watch Law & Order and CSI and assume that when there is a break-in, cops check for prints. Its rare that they actually do that. The "physical evidence" may just been a ploy for the officer to try to see if you would confess to the crime. Its perfectly legal for an officer to lie to you to see if you will tell on yourself. Be careful and good luck!
2007-01-08 18:06:29 · answer #3 · answered by Starry 4 · 0⤊ 0⤋
Breaking and entering means entering another person's building without that person's permission. How the entry is done does not affect the statute.
If your neighbor said something about you that is not true, you can sue her for slander. If she has to face a personal injury claim, she may back off.
2007-01-08 17:58:24 · answer #4 · answered by regerugged 7 · 0⤊ 1⤋
technically it should be trespassing if true and maybe possession of burglary tools for a forged key if they wanted to harass you. Even harassment if they try to say you intended to cause her distress. We can be creative and pile on a bunch of other charges too if you bother them.
2007-01-08 17:59:38 · answer #5 · answered by Anonymous · 0⤊ 2⤋
yes. but it may just be her attempt to get revenge. be prepared to defend yourself in court though. without witnesses there is no proof,if there was no evidence of you being inside.
2007-01-08 18:16:06 · answer #6 · answered by kissmy 4 · 0⤊ 1⤋
no not really
2007-01-08 17:53:42 · answer #7 · answered by devries58 2 · 0⤊ 3⤋