Joey, a handyman, finishes a job in Mrs. Smith’s home. Mrs. Smith is absentminded and typically forgets to close or lock all her doors. That night, as Joey was passing through her neighborhood, he sees the back door of Mrs. Smith’s house wide open. He decides he wants to take some of the valuables he had seen while working there. He enters the house quietly, walks around, and realizes that no one is home. Joey walks to Mrs. Smith’s bedroom only to find the bedroom door locked. He breaks the lock, kicks the door open, and goes through Mrs. Smith’s drawers and jewelry box. He steals priceless jewels and family heirlooms totaling up to $25,000. Discuss and analyze this case under the common law of burglary.

Question

What will be an ideal response?

Answer 1

Under the common law, Joey is not liable for burglary. Although most of the elements of burglary are satisfied, there was no breaking because the back door was wide open. Also, under the common law, a bedroom was not considered a dwelling house.