Quote:
Originally Posted by BVF
If he had a key, he couldn't be charged with breaking and entering.......The most he could get is unlawful entry or burglary if something was taken....But since he didn't BREAK anything, there is no charge.
|
No, this is completely wrong. The act of opening the door its self is "breaking". It's called a legal fiction and it's kind of goofy but in _most_ States that's the law.
If you take a key from under a mat, use it to open a door without permission, you are breaking and entering.
Some states do have "Unlawful Entry" as well. Usually this is walking in through an open door, or for instance a Landlord with a lawful key entering your property unlawfully. Although in some cases the last example will also be breaking and entering.