Unlawful entry refers to an individual entering another person’s property without the property owner’s consent or authorization.
While unlawful entry is considered a crime in itself, it also serves as a component of other criminal offenses that require the accomplishment of unlawful entry before charges can be filed.
Crimes that involve unlawful entry include:
Contrary to popular belief, unlawful entry is not limited to instances where an individual stealthily gains access to another person’s property without the owner’s knowledge. Unlawful entry can also be executed through the use of force or fraud.
In the case of fraudulent entry, an individual uses deception or dishonest means to gain entry. For example, if Kristin pretends to be a cable company employee and convinces Steve to let her inside his home, she has committed unlawful entry through fraud. Once inside, if she steals valuable items without Steve’s knowledge, she has committed theft via unlawful entry.
How Can a Homeowner Protect Against Unlawful Entry?
In most jurisdictions, homeowners have the right to protect their property from unlawful entry if they believe it is reasonably necessary. Some jurisdictions even allow the use of deadly force by homeowners to defend their property and themselves against unlawful entry, provided that the homeowner believes there is no other alternative to protect their property or their lives.
A felony is a more severe crime, typically involving violence. Courts generally consider the use of deadly force justified if homeowners reasonably believe that the intruder intends to commit a felony within their home. The “reasonable person standard” is often applied to determine whether the homeowner’s belief was reasonable. A felony is a more severe crime, typically involving violence.
In cases of unlawful entry, possession of a weapon by the intruder can indicate an intent to commit a felony while inside the home.
For example, imagine Eugene hears a noise during the night while his family is asleep. He grabs a gun from his bedside table and goes to investigate. In the kitchen, he encounters a man holding a knife who charges toward him, and Eugene shoots in self-defense. A court would likely consider Eugene’s actions justified.
However, if the intruder was unarmed and fled through an open window upon seeing Eugene, shooting the intruder in this scenario would likely result in criminal charges against Eugene.
What are the Consequences of Unlawful Entry?
The legal consequences of unlawful entry can vary depending on the specific circumstances and can be dealt with in either criminal or civil courts.
Factors such as the use of force, the presence of a weapon, and the severity of the intrusion can determine the nature of the charges.
Criminal charges for unlawful entry can range from misdemeanors to felonies, depending on the circumstances. In contrast, situations where police enter a home without a search warrant, may lead to a civil lawsuit for unlawful entry.
Penalties for unlawful entry are often similar to those for trespassing. Typically, unlawful entry or trespass is classified as a misdemeanor.
However, this may not always be the case, since these crimes are broadly defined. Punishments can include fines, citations, or even jail time.
Courts consider factors such as the location of entry, intent, involvement of weapons or violence, and the victims of the crime to determine the severity of the offense.
Is It Unlawful Entry if Police Enter My House Without a Search Warrant?
In cases where police officers enter a home or other protected area without a valid warrant, a civil lawsuit may be brought against them. For example, suppose officers enter John’s home without a warrant and discover illegal drugs. John could potentially file a civil lawsuit against the police department for violating his constitutional rights, specifically the Fourth Amendment’s protection against unreasonable searches and seizures.
Protected areas are locations where a reasonable person would expect privacy. Examples of protected areas include the following:
- Private homes
- Hotel rooms
- Private offices
- Storage units
- Vehicles (to some extent)
Unlawful entry by police officers can have several consequences in a criminal trial, including the exclusion of evidence collected during the unlawful search from being used in court or the potential dismissal of charges against a suspect due to their arrest during an unlawful entry.
Additional consequences and examples include the following:
- Suppression of evidence: If evidence is obtained during an unlawful entry, it may be suppressed, meaning it cannot be used against the defendant in court. For example, suppose police officers enter Jane’s apartment without a warrant and find stolen property. In that case, that evidence may be deemed inadmissible due to the unlawful entry, potentially weakening the prosecution’s case.
- Tainted evidence: Evidence obtained after the unlawful entry, which is directly or indirectly connected to the initial illegality, may also be excluded under the “fruit of the poisonous tree” doctrine. For instance, if officers unlawfully enter Mark’s house and find a key to a storage unit where more incriminating evidence is stored, that subsequent evidence may also be excluded because it is derived from the initial unlawful entry.
- Civil lawsuits and damages: Victims of unlawful entry by police officers may file civil lawsuits seeking monetary compensation for violations of their constitutional rights. For example, if officers break down Sarah’s door without a warrant and cause significant property damage, she might pursue a civil lawsuit against the police department for damages related to the unlawful entry.
- Disciplinary actions: Officers involved in unlawful entries may face internal disciplinary actions or be subject to external reviews by oversight bodies. In some cases, this could lead to suspension, termination, or even criminal charges against the officers involved. For instance, if an officer repeatedly engages in unlawful entries and violates citizens’ constitutional rights, they may face consequences for their actions within the police department or legal system.
What Should I Do if I Have Been Arrested for Unlawful Entry?
If you have been arrested for unlawful entry, whether it is a criminal charge or a civil lawsuit, it is crucial to seek the assistance of an attorney. A local criminal defense lawyer can increase your chances of successfully defending against the charges or lawsuit.
LegalMatch is an online legal matching service that can help connect you with a local attorney practicing in the area of law pertaining to your case.
If you have been arrested for unlawful entry, you can submit a request for a criminal defense attorney who can assist you with your case. Similarly, if you are facing a civil lawsuit related to unlawful entry, you can request a personal injury attorney who can help you defend against the suit.
LegalMatch has a vast network of attorneys who handle cases in various areas of law and have experience representing clients in cases similar to yours. By using LegalMatch, you can compare attorney profiles, read reviews from past clients, and select an attorney who best fits your case.
LegalMatch offers a satisfaction guarantee, which means that if you are not satisfied with the attorney that you are matched with, you can request a new match at no additional cost. LegalMatch’s satisfaction guarantee can provide you with peace of mind and help ensure that you find the right attorney to help you navigate your case.
If you have been arrested for unlawful entry and need legal assistance, LegalMatch can help connect you with a local attorney with experience in the relevant area of law and can provide the guidance and representation you need to protect your rights and defend against the charges or lawsuit.
