Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: DiogenesLamp

Breaking, as in “breaking and entering”, has a technical meaning and does not require violence. The “breaking” can be any force applied to gain entry, including pushing open an unlocked door. As I recall, under common law, pushing aside a curtain can be a “breaking”.


102 posted on 10/02/2019 11:53:03 AM PDT by PUGACHEV
[ Post Reply | Private Reply | To 94 | View Replies ]


To: PUGACHEV
Breaking, as in “breaking and entering”, has a technical meaning and does not require violence. The “breaking” can be any force applied to gain entry, including pushing open an unlocked door. As I recall, under common law, pushing aside a curtain can be a “breaking”.

The idea that you would charge everyone who accidentally opens a door, which they shouldn't have opened, with a felony crime is ridiculous. The definition of "breaking and entering" cannot be defined by the mere action of entering. It must be defined by the purpose for which someone enters.

If there is no criminal intent, there is no crime.

131 posted on 10/02/2019 12:34:49 PM PDT by DiogenesLamp ("of parents owing allegiance to no oither sovereignty.")
[ Post Reply | Private Reply | To 102 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson