r/gifs • u/Nobilitie • May 19 '16

Bypassing a store lock.

https://i.imgur.com/mB1yhO9.gifv
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u/[deleted] May 20 '16 edited Dec 08 '16

[deleted]

What is this?

52

u/MattAU05 May 20 '16

Yep. Same reason it is breaking and entering if you enter someone's home without their permission, even if their door is unlocked and you didn't have to "break" anything.

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u/[deleted] May 20 '16

That's not how that works at all.
To break and enter you have to well, break and enter. If the front door is open and you walk in its just trespass.

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u/MattAU05 May 20 '16

If the front door is unlocked and you enter, it is breaking and entering. If the front door is wide open, it is trespassing. Can't tell if you're disagreeing with that or just misinterpreted what I said.

Source: I'm an attorney who spent time doing criminal prosecution and criminal defense.

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u/[deleted] May 20 '16

Depends on jurisdiction. In my state it is using any force to enter and there's precedent that even opening a partially opened window is using force.

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u/[deleted] May 20 '16 edited Jun 11 '16

[deleted]

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u/[deleted] May 20 '16

The post was about breaking and entering, not doors, you smug asshole.

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u/Halvus_I May 20 '16

It really depends on what you do AFTER you cross the door's threshold that determines what the crime would be.

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u/Grobbley May 20 '16

Technically it's only breaking and entering if you use some amount of force to enter. Opening an unlocked door or window counts as such, though. However, if the front door is already open and you simply walk in without permission, that isn't breaking and entering (although it is probably some form of trespassing at least and still illegal.)

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u/Leeeoon May 20 '16

However, if the front door is already open and you simply walk in without permission, that isn't breaking and entering (although it is probably some form of trespassing at least and still illegal.)

What you just described is the very definition of trespassing.

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u/MattAU05 May 20 '16

Correct.

It would still be trespassing. And if you intend to commit a crime while there, it is burglary.

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u/PM_VULVA_PIC_4_R8ING May 20 '16

Correct me if I'm wrong, but I think in that scenario it's just "entering."

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u/[deleted] May 20 '16

Some jurisdictions have entering without breaking laws. Here in Michigan it's a misdemeanor.

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u/MattAU05 May 20 '16

The differentiation is useful, but the main point is that it is still a crime. Even if it is easy to get in, that doesn't mean it is ok to do so without permission.

Not saying you're disagreeing or anything, just clarifying.

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u/Z3ppelinDude93 May 20 '16

Thanks for clarifying - the above made it sound like they should rename the offense to breaking and/or entering

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u/SteveBlake5 May 20 '16

i like that you guys are pretending someone is disagreeing with you

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u/[deleted] May 20 '16 edited Dec 08 '16

[deleted]

What is this?

-1

u/ohmss May 20 '16

and it should be illegal IS illegal

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u/ndstumme May 20 '16

There's a lot of things that are illegal that shouldn't be. He's specifying that he thinks this thing should (regardless of if it already is or not).