I have an (ex) friend, who had some things of mine at her house. I have tried to contact her to get it back, but she did not respond to me, eve though I know she has her sidekick with her at all times. Since I couldn't get a hold of her, I went over today, but I used a key to get in, but her husband was home and said I could get my stuff. Would that have been trespassing if her hubby wouldn't have been there?
2007-08-12 10:45:33 · 10 answers · asked by sewcute594 4 in Politics & Government ➔ Law & Ethics
You must be an invited guest. Does giving one key count as an invitation? Perhaps, depending on the situation(s). One could argue that if you were given the key, the invitation is implied. However, the conversation and circumstances under which you arrived at hodling the key would be your only defense.
Was the key given to you by the true owner?
2007-08-12 11:50:03 · answer #1 · answered by E J 2 · 1⤊ 0⤋
Probably.
Trespassing is not a question of having access, like a key, even if that key was freely given. It's a matter of permission. Giving a key is not an irrevocable grant of permission, and you do not have to change the locks or get the key back to revoke permission.
2007-08-12 11:22:18 · answer #2 · answered by open4one 7 · 1⤊ 0⤋
Yes it would. It would be the same as if the front door was open, but nobody in. The fact that you have a key does not give you permission or legal access to that building. The offence of trespass occurs when you enter the building without permission, regardless of how you got in.
2007-08-12 10:52:28 · answer #3 · answered by Anonymous · 2⤊ 0⤋
Would that have been trespassing if her hubby wouldn't have been there? Yes --- but the husband let you in so -- No --- probably should have contacted the Police first --
2007-08-12 10:53:51 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No, it would have been Burglary. When you enter a person's home without permission it,s a burglary. Trespassing deals with the property, not a likely occupied residence.
2007-08-12 11:03:39 · answer #5 · answered by LEO53 6 · 0⤊ 0⤋
Yes.
Look at it from another point of view. How would you feel if someone you had a falling out with came to your home and used a key to get in, and went through all your things under the guise of getting their things. It wouldn't make you feel secure in your own home.
2007-08-12 10:56:38 · answer #6 · answered by justanotherone 5 · 2⤊ 0⤋
GOOD QUESTION!!!
I think that even with keys, you need permission. You can give your keys to, say, a cleaning company. They have permission to enter and clean, but not to come over and party.
So, when she gave you a key it was for a specific reason, not so you could invite yourself over whenever. Well, that maybe a personal opinion, lets just say, I wouldn't.
2007-08-12 10:57:10 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It's trespassing if you do not have permission.
Having a key does not automatically mean you have permission to enter -- the key could be stolen or unauthorized.
2007-08-12 11:08:54 · answer #8 · answered by coragryph 7 · 0⤊ 1⤋
yes it would have been. Since you did not have permission to enter the house it would have been trespassing
2007-08-12 10:53:41 · answer #9 · answered by Rob M 6 · 0⤊ 0⤋
I think you're lucky he was home. Just because you have a key doesn't mean you have the right to be there. She could've said you stole it.
2007-08-12 10:52:48 · answer #10 · answered by jvr1977 2 · 1⤊ 0⤋