A woman called police when she found her home ransacked on Saturday, and found a stranger's cellphone on her bed and a strange car parked behind the property, according to the AP from Twin Falls, Idaho and The Times-News reports (http://bit.ly/1W0jIri)
Police were at the scene when a young man was dropped off near the vehicle. Officers report that the man told them he loaned the car to a friend and the keys got locked inside. Keys found inside the burglarized house unlocked and started the vehicle.
Allegedly, reports filed in this case also state that the man acknowledged during an interview with police to being involved in at least two other burglaries that same day.
Burglary: Penal Code section 459
In California, burglary of a home is considered a first degree burglary and is found in Penal Code section 459. First degree burglary is defined as ‘burglary of an inhabited dwelling
house, . . . which is inhabited and designed for habitation, . . . or the inhabited portion of
any other building. . . .’ (§ 460, subd. (a).)
CALCRIM No. 1700 states that to prove this crime, the state must prove the following:
1. The defendant entered (a/an) (building/room within a building/locked vehicle/ <insert other statutory target>); and
2. When (he/she) entered (a/an) (building/room within the building/locked vehicle/ <insert other statutory target>), (he/she) intended to commit (theft/ [or] <insert one or more felonies>).
Section 459 defines ‘inhabited’ as ‘currently being used for dwelling purposes, whether occupied or not.’ ‘“[I]nhabited dwelling house” means a structure where people ordinarily live and which is currently being used for dwelling purposes. [Citation.]’ [Citation.]” (People v. Rodriguez (2004) 122 Cal.App.4th 121, 131-132.)
Penalty for First Degree Burglary
The penalty for First Degree burglary in California is found in Penal Code section 461, subdivision (a), which states, “Burglary in the first degree [has a penalty of] imprisonment in the state prison for two, four, or six years.’ (Pen. Code, § 461, subd. (a).)
Burglary of a home is a serious offense and is considered a strike under California’s Three Strikes Law. When a person has been convicted of a serious felony, an additional five year prison term must be imposed for any prior conviction that qualifies as a serious felony. (§ 667, subd. (a)(1).) This means if you have a conviction for first degree burglary on your criminal record and you are convicted of another felony offense, this additional penalty can be added to the sentence if convicted.
Although this man is alleged to have made a confession to this burglary, along with two other burglaries, the law requires that a person be given a Miranda warning when suspected of a crime that informs the person of the following:
(1) You have a right to remain silent.
(2) Anything you say can and will be used against you in a court of law;
(3) You have the right to talk to a lawyer and have your lawyer present when you are being questioned;
(4) If you can’t afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish;
(5) You can decide at any time to exercise these rights and not answer any questions or make any statements.
Thus, a suspect has a Fifth Amendment right to not confess to crimes and exercise a constitutional right to silence in any case. This is highly suggested if a person is ever accused of a crime.
Copyright © 2015 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney- client relationship is only established with a retainer.
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