It Isn’t Burglary if the Property Wasn’t Fenced In
The Washington State Supreme Court just made this ruling. If a person steals something from property that isn’t completely fenced in, it’s not burglary.
The Court has overturned the burglary conviction of Roger Dean Engel — who had been convicted of stealing aluminum wheels from a rural business — because the property was only fenced in on one side.
I suspect this decision won’t be too popular. What say you?
The Court has overturned the burglary conviction of Roger Dean Engel — who had been convicted of stealing aluminum wheels from a rural business — because the property was only fenced in on one side.
I suspect this decision won’t be too popular. What say you?
Labels: Roger Dean Engel, Washington State Supreme Court burglary property fence
posted by Tom Harper at 2:56 PM
13 Comments:
What I have to say isn't printable.
This is as stupid as that story about the burglar who won a settlement because he slipped on a child's toy when he was robbing a house in the middle of the night.
Seriously, is this a joke? I hope to God this is a joke.
Okay, okay, doing a little quickie research, it's not as stupid as it seems. Burglary is defined as breaking and entering with intent to commit a felony. Robbery is defined as taking something that isn't yours. "Theft 1" is similar to robbery. Probably some subtle distinction that my non-lawyer mind doesn't grasp.
Fine. So this guy committed robbery instead of burglary. Now throw him in jail. Doesn't matter how you define it, as long as there's consequences to his actions. Of course, this news article doesn't say anything about that. Stupid MSM.
it's always been this way in other states. If you leave something out "with open access" it's not burgled, it's just stolen. Insurance co won't pay out if you don't secure your property. Likewise, if you've left your home or car unlocked....too bad suck'a
I don't see why this is any shock at all to any of you. What'd you think that putting something behind your garbage can or next to your house (unfenced) is going to be seen as anything OTHER than careless on your part?
I can understand the burglary conviction getting overturned. I wonder, and the story did not say, if he was also convicted of theft. I suspect that is the case. Burglary is just what we usually think of as "breaking and entering."
It's sure not popular with me. But it's a great reason for owning a gun and grinding up bodies so they are never to be found.
HUNTER THOMPSON
Call it anything you like, but going on to any place of mine, fenced or not and stealing from me may at least get your legs broke. I wouldn't even bother to call the cops, that just costs the taxpayers money.
The same liberal Supreme Court that said Dino Rossi lost, even though he won the election and first recount in 2004...should we be at all surprised by this ruling?
Dino Rossi? That guy is an idiot! I watched every event I could, listening to him speak and respond. I never heard him say ANYTHING specific. He never talked about anything that he would actually DO. Just kept repeating the same, tired rhetoric about how he was going to do things differently. Great, but ya gotta tell me WHAT that is going to entail, specifically, if you want my vote. I've been around long enough to know that managing the affairs of a coupla million people takes more thought than partisan one liners.
Willie Horton said..
Here's a link to the Court's opinion for some details:
http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=810729MAJ
I had coffee and donuts at a Willie Horton's once. Pretty good donuts.
yeah, what is it with all the JOKE candidates for any government position? We get a guy who was named after Fred Flintstone's pet and a lackluster spend/tax/spend woman...great choices, eh? If there were a box on the ballot for "neither of the above" that would have won by a landslide.
I'm sick of our one party, pretend two party system. Lets fact it, all the politicians are only in it because it means $$ in their pocket from big lobby groups. Corporations are running (and bribing) our country, not people. We're just the peons. We aren't educated enough to band together. We can't even make our own city government run right....
Engel is still guilty of theft in the case. This decision outlines what constitutes "entry" into a premises. Under our Washington law, you have to "break in" to something for it to constitute burglary. The court's decision further defines how crimes of stealing should be charged. It could theoretically turn out to bring more convictions in these types of cases, as prosecutors will have clearer "rules" for charging.
Well, I'm certainly glad we got that straightened out!
I noticed that one of those weird armless-headless statues has disappeared from in front of Bella Italia. Should we charge the miscreant with theft or give them a medal?
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