Re:Van Buren is a victory against overbroad interpretations ...
by matthewmarkus on Friday June 04, 2021 @07:01PM
(#27400061)
"If a landlord does not give notice to the tenants or enters for an unauthorized purpose, the landlord may be charged with trespassing" [1].
[1] https://www.criminaldefenselawyer.com/resources/can-you-tres...
Re:Van Buren is a victory against overbroad interpretations ...
by ClumsyPilot on Friday June 04, 2021 @07:55PM
(#27400532)
Which is different than breaking and entering
Re:Van Buren is a victory against overbroad interpretations ...
by matthewmarkus on Friday June 04, 2021 @08:10PM
(#27400628)
Yes, sure. But the point is that, under certain circumstances, the use of the key can exceed your level of authorization. Possession of the key isn't a get out of jail free card.
So he would not be Breaking and Entering, and if he has a valid reason such as emergency it would be legal.
There are different crimes with different punishments and it's important the right ones are applied.
Fraud and theft are different. Manslaughter and murder are different. Sexual harrasment and rape are different.