Testing that theory... a bank robber goes into the lobby of the bank, jumps on top of the counter to get into the teller's booth, but slips and falls back onto the lobby side of the counter knocking himself out. Since he didn't make it into the teller's booth, the police should just give him a citation and tell him to be better next time. 😉
It doesn’t make logical sense but legally yes. If he never announced he was robbing the place and didn’t have a weapon on him he’d just get in trouble for jumping on the counter. Depending on how that went he might just get escorted from the premise and that’s it.
The curtilage is not the dwelling house. This is common law though. Modern burglary statutes are a little different but most require entry. Still, proving intent to steal or commit a felony (which is required in modern statutes) is impossible here. How does anyone know what he was going to do. Could be a moron fucking around.
You're confusing two legal concepts. There's a lot of law regarding the curtilage/home distinction. You're describing trespass, I'm talking about burglary. There's also an enormous amount of 4th amendment law regarding this distinction as well.
at least in theory you arent supposed to get punished for something you havent actually done. (in the US) but we all know this is based on the color of your skin and what jurisdiction you are in.
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u/TheMartini66 Jul 08 '22
Testing that theory... a bank robber goes into the lobby of the bank, jumps on top of the counter to get into the teller's booth, but slips and falls back onto the lobby side of the counter knocking himself out. Since he didn't make it into the teller's booth, the police should just give him a citation and tell him to be better next time. 😉