Does the homeonwner chalk it up to his/her negligience and swallow the loss, or is their anything legally he/she can do about robbery or loss?
2007-06-19 12:42:43 · 7 answers · asked by Nyema 3 in Politics & Government ➔ Law & Ethics
The purpose of locking doors and windows is to prove forced entry when one is robbed. This is more for the insurance company's benefit than the police. But the oversight should not deter you from making a claim for your loss. You just have a harder time proving it. Friends who know you and your house and possessions can help. Speaking strictly legally, you have a "breaking" if anything has to be moved in order to get in. Opening an unlocked door is a good example. At old English Law, this was called "breaking the close". But you still have the problem of convincing the insurance company that you were really burgled. Good luck.
2007-06-19 13:23:26 · answer #1 · answered by Pete 4 · 0⤊ 0⤋
It is still a crime to enter a home without the owner's permission, even if the door is unlocked. It is called trespassing. You notice that breaking into a house is called "breaking and entering", two words because two crimes are committed. If things are taken, it is still robbery or theft because a person unlawfully gained possession of someone else's personal property. Whether the house is locked or not is not relevant if you take items from that house.
2007-06-19 19:55:47 · answer #2 · answered by msi_cord 7 · 1⤊ 0⤋
I would still call that breaking and entering. A friend of mine had the same situation happen, where she unknowingly walked in to a home robbery (the guy came in through an unlocked door). She became a murder victim in the process. Now, I ask you is that just negligence or her fault? It's a crime in any way!
2007-06-19 19:56:41 · answer #3 · answered by lynnguys 6 · 0⤊ 0⤋
Whether the door was locked or unlocked isn't an issue in Robbery! Now your insurance company may try to not settle a claim!
2007-06-19 19:47:02 · answer #4 · answered by cantcu 7 · 0⤊ 0⤋
You still need to report is as a burglary, theft, trespass, and let the authorities investigate which crime to call it.
It's still "Breaking and entering a dwelling with intent to steal", also known as "burglary." Most people in my town did not start locking their doors until recently, but anyone who opened the unlocked door to steal anything was still charged with burglary, or at least trespass if nothing was stolen.
Technically, swinging a door open is "breaking".
2007-06-20 01:37:28 · answer #5 · answered by Nuff Sed 7 · 0⤊ 0⤋
Locks only keep the honest people out anyway. A robbery is a robbery, hopefully the owners would be home and have a gun nearby to eliminate the criminal.
2007-06-19 19:56:23 · answer #6 · answered by RP McMurphy 4 · 0⤊ 0⤋
Well, it's still a crime even though the owner leaves the door unlocked. The police should still investigate.
2007-06-19 19:46:55 · answer #7 · answered by John W 3 · 0⤊ 0⤋