A follow up?

Question

Thanks for the answers to the previous question I posed, but by the logic that was given to me, it is legal for me to go down the street, house by house, and if the door is unlocked, to enter that house. If the occupant asks me to leave and I leave, and I don't take anything, then technically I have commited no crime? Is it not possible for someone to tresspass in your vehicle?

My previous question related to a police officer putting a ticket inside my vehicle. I feel that he enetered my car without permission (even though the doors were unlocked, which is the reason I received the ticket) which as I understand it makes him guilty of the crime of breaking and entering, or at the very least, tresspassing. Some people seem to feel differently, namely that he was allowed to do so. So why can't I go into people's houses if the doors are unlocked? Before anyone says it, I know it's not because he was a police officer and I'm not.

Answer 1

It was clearly a trespass on his part if you parked your car lawfully and it wasn't just staying abandoned for a long time. Ticket for leaving the car unlocked? I have never heard of such ticket/

Answer 2

I am going to agree with Carl's answer in some ways. Depending on the state or location of your vehicle police can open your unsecure door. Now it it was not in obstruction of anything such as traffic, fire hydrant, or any other emergency exit or driveway, then he lawfully had no right to open your door. This though is touchy, if you had something on your seat or in "plain view" that could be presumed to be unlawfully in its location, such as a weapon or drugs, the police officer definatly had that right, but he would not just leave your car and not notify you. Your vehicle is your property. It has entry points and areas of cargo. Your vehicle is also your personal space. Therefore if none of the mentioned things above where met, then my friend I would seek further advice from a lawyer.

Answer 3

The police are generally going to be permitted to open an unlocked vehicle parked unlawfully for any one of a number of possible reasons. It could be to check for evidence of a crime (it could have been stolen and not yet reported) ... perhaps it was to attempt to identify the owner ... perhaps it was to secure the vehicle. In general, unless the officer entered for an unlawful purpose, it's okay to do so. We frequently do so when we find illegally parked vehicles that are unsecured. Opening the car door to throw in a parking citation is not likely to get any DA, court, or police administrator excited.

Depending on the law in your state it might be entirely permissible for you to walk down the street and open car doors. You might get thumped by some angry car owner, but it might not be unlawful to open the doors.

If you truly think you have a case for some criminal act by the officer. speak to an attorney or call the officer's supervisor and complain. However, I suspect you will find that his entry was perfectly lawful.

- Carl

Answer 4

No, it's trespass for you to enter someone's property without their permission. That may not always be a crime (laws vary by state), but they could sue you in civil court for the trespass.

Vehicles are treated different under the law than houses, because they are heavily regulated and mobile. So the laws that protect your house don't always apply to your car.

But yes, someone can commit trespass against your car, and it might be either criminal or just civil (tort) depending.

Answer 5

Here is what you are missing to connect the dots.

Cops do what they want. When they want. Just because that same cop would bust you for randomly opening up peoples car doors in a parking lot, does not mean he cant do it.

Have you ever seen a cop doing the speed limit? Not me, either under or over. Never right at. Same concept, different animal.

Answer 6

Each state is different is what they determine your vehicle to be.
So you will have to check with your local law before you shoot back at a possible car jacker.