Saturday, June 25, 2016

Burglary is what?

NOW THAT IS STRETCHING, OR IS IT?

    At The Law Offices of Randall J. Craig, we handle all sorts of criminal cases, especially burglary cases. Here is some latest case law we found interesting. The act of removing property from the open bed of a pickup truck constitutes “entry of a structure under the Arizona burglary statutes. The term “entry” under ARS Section 13-1501(3) means “the intrusion of ...any part of a person’s body inside the external boundaries of a structure.” Furthermore, pursuant to Sections 13-1501(12), a “structure” can include “any building, object, vehicle, railroad car or place with sides and a floor that is separately securable from any other structure attached to it and that is used for lodging, business, transportation, recreation or storage”, while under Section 13-105(41) a “vehicle” is a device in, upon or by which any person or property is...transported or drawn upon a highway.” The act of reaching into a truck bed amounts to an intrusion beyond the external boundaries of the structure because the sides of a truck bed provide the external boundary for that part of the vehicle.  State v. Bon, 2 CA-CR2014-0054, 11/28/14.

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