New California Car Break-In Law Would Close 'Loophole'–The Unlocked Door Defense

sfstandard.com

24 points·lando2319··7 comments

> evidence of forcible entry would be sufficient

Why does it need to be forcible? Not yours is not yours even if the door is unlocked.

yes but the crime of Burglary is about gaining access to a space by force, so the crime of auto-burglary requires entry by force to then commit some other crime (the theft you mentioned).

It's unclear from the article why the underlying theft can't be prosecuted, probably less penalty.

The crime of burglary has been redefined over time and across counties and cultures.

Currently in most of the US, opening a door without permission is considered forced entry, and peeking through a curtain is criminal invasion of privacy.

Locks are irrelevant.

> would remove the requirement that prosecutors prove beyond a reasonable doubt that a car door was locked to convict for auto burglary

why was that a requirement in the first place?

"San Francisco police are cracking down on car break-ins using a bait car program meant to catch thieves red-handed." Neat.

Is the issue that burglars are getting arrested and then having the charges dropped? Or is the issue that they are not being arrested in the first place?

The article provides no data, so it's unclear if this measure will actually help.

>A social media challenge has led to higher rates of Kia and Hyundai cars being broken into and stolen.

I'm speechless.

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