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Roly
10-23-2011, 03:56 AM
Hey guys I have a small legal question (I googled but can't seem to find an answer).

If someone is breaks into someone else's house, doesn't steal anything, leaves, but then gets caught (they went in there to find something), they would still be summoned to court, right? What kind of fee would they have to pay in those circumstances?

Actually, now I have another question. If you snuck into someone's house and recorded them saying some incriminating stuff to each other while you were there. Like they killed someone or had someone kidnapped. And you tried to give it to the police. Would that evidence be admissible because you got it while you were illegally trespassing in someone's house?

What if you already were given the keys beforehand (or made copies without the other party's knowledge)?

MJM
10-23-2011, 05:59 AM
Hey guys I have a small legal question (I googled but can't seem to find an answer).

If someone is breaks into someone else's house, doesn't steal anything, leaves, but then gets caught (they went in there to find something), they would still be summoned to court, right? What kind of fee would they have to pay in those circumstances?



Answer will vary from place to place in terms of specific fines/punishments, but it is breaking and entering still, may also be called criminal mischief or even have that added as a separate charge depending on how serious the prosecuting attorney takes his job; whether you steal anything or not, these charges still apply.

WriteMinded
10-23-2011, 06:06 AM
Hey guys I have a small legal question (I googled but can't seem to find an answer).

If someone is breaks into someone else's house, doesn't steal anything, leaves, but then gets caught (they went in there to find something), they would still be summoned to court, right? What kind of fee would they have to pay in those circumstances?

Actually, now I have another question. If you snuck into someone's house and recorded them saying some incriminating stuff to each other while you were there. Like they killed someone or had someone kidnapped. And you tried to give it to the police. Would that evidence be admissible because you got it while you were illegally trespassing in someone's house?

What if you already were given the keys beforehand (or made copies without the other party's knowledge)?

Laws are different everywhere. It would be helpful if you told us where your story takes place. When googling, you also must be specific as to location.

Breaking and entering is a crime. Yes, you would be prosecuted. I have no idea what the penalties are. Again, where does the breaking and entering occur?

Recordings of conversations may, or may not, be admissible in court. It depends on the locale of trial. One thing is fairly certain, if you gave the tape to the police, they'd put down their donuts and go check it out. (No disrespect intended.)

Being given a key is a far cry from having one made without the other person's knowledge.

jclarkdawe
10-23-2011, 06:41 AM
As I think the Hamilton here refers to the one in Ontario and we're involved with Crown prosecutions and I don't know much about them, it's hard to answer.


Hey guys I have a small legal question (I googled but can't seem to find an answer).

If someone is breaks into someone else's house, doesn't steal anything, leaves, but then gets caught (they went in there to find something), they would still be summoned to court, right? What kind of fee would they have to pay in those circumstances? In the US, the charge could be anything from criminal trespass to burglary. Beyond that, the punishment depends upon a whole variety of facts.

Actually, now I have another question. If you snuck into someone's house and recorded them saying some incriminating stuff to each other while you were there. Like they killed someone or had someone kidnapped. And you tried to give it to the police. Would that evidence be admissible because you got it while you were illegally trespassing in someone's house? There was just a case in California where two thieves broke into a house and discovered kiddy porn on the homeowner's computer. Long story short, last I knew the homeowner is in jail pending trail for child pornography and the two thieves have yet to be charged.

What if you already were given the keys beforehand (or made copies without the other party's knowledge)? Keys given imply consent to enter. Keys without consent argue a criminal enterprise.

Best of luck,

Jim Clark-Dawe

ironmikezero
10-23-2011, 11:37 PM
To follow up on Jim's comments... Most folks don't appreciate that the probable cause/search warrant requirement in the US is applicable to law enforcement agencies, not "civilians". Other laws are in place to address the individual's expectation of privacy (trespass, B&E, burglary, etc.). Any evidence obtained by a "civilian", even in the course of a violation of those laws (assuming an absence of LE involvement), that is subsequently given to a LE agency can be used in the prosecution's case in US courts after a motion to supress hearing is held to determine admissibility.

FWIW, as a rule, the defense must first file the motion to have the court authorize and schedule such a hearing. Some jurisdictions have time factors as well.

Roly
10-24-2011, 06:12 AM
Sorry, I forgot to mention that this is in New York. I thought I did.

jclarkdawe
10-24-2011, 04:43 PM
You need to give us a better idea of what your plot needs. Then we can give you the facts that would support the result. But right at the moment, the range here is so broad as to be unanswerable. By changing the facts, you could go anywhere from no criminal charges to a home invasion charge and years in prison.

And upstate New York is different than New York City, so it helps if we know where in New York.

Best of luck,

Jim Clark-Dawe