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ipaddrtoday at 4:56 PM9 repliesview on HN

It makes breaking and entering legal because no breaking to enter happens. It allows people to move in and squatting is now in play so they could lock you out and call police if you try to enter.


Replies

thewebguydtoday at 5:04 PM

No. Unlocked door != legal entry. "Breaking" in B&E doesn't require any physical damage. Pushing open an unlocked door or entering a place without authorization counts. If I leave my home to go to the store, and leave the door unlocked and someone walks in, they are still committing a crime.

There are also no tenant protections for criminal intruders, squatter protections require a claim of right like a disputed lease or a holdover tenancy, or continuous possession over many years. Someone that just walks into a residence is an active trespasser and can be arrested for criminal trespass or burglary.

LaffertyDevtoday at 5:03 PM

This is not how it works. Even a cursory glance at the law makes it clear that this is not how it works.

Here is New York: https://www.nysenate.gov/legislation/laws/PEN/140.20

maxwells-daemontoday at 6:04 PM

Funny enough, I had some valuable stuff (including my passport!) stolen from my car, which I'd left unlocked because I was moving some heavy boxes. The police in my area (bay area) said they couldn't really do anything about it because they didn't break a window.

I don't know exactly what legal technicalities are involved, but this did actually happen to me in a de facto sense!

show 1 reply
victorbjorklundtoday at 5:31 PM

That’s like saying it’s not manslaughter if you kill a woman because no ”man” died.

solfoxtoday at 5:11 PM

Laws around breaking and entering date back to WELL before mechanical locks were commonplace or even affordable to residences.

drowntogetoday at 5:19 PM

Do not try this at homes that belong to other people.

bakiestoday at 5:01 PM

No it doesnt, that's still breaking and entering

reluctant_devtoday at 5:06 PM

Ha this is the logic Richard Chase used to enter peoples homes

iwontberudetoday at 5:46 PM

lmao you dumbass