Drunken teen stumbles into wrong home

[Asher]

Originally posted by DinoDoc
Should that matter?

Yes. Breaking in provides clear intent to trespass, or worse.

Walking into the wrong house with an unlocked door right next to the one you were just at a party at does not provide any such intent.

There is a huge difference.

[Solver]

Hell... so these aren't just legends that it's quite common in America not to look your door. I can't imagine that, particularly late in the evening / at night!

Still, the homeowner seems to have overreacted. He was certainly within his rights to detain the kid, maybe to attack him, depending on what he was doing - but threatening to kill and bashing his head into the floor repeatedly was definitely excessive. Given that the kid was drunk, I don't think he was putting much resistance up, so he could have probably been easily detained until the police arrived with a minimum of force.

[CrONoS]

Maybe the guy should be charged, and should be punish by forcing him to see an anger management counselor!

[Wezil]

Originally posted by DinoDoc
Should that matter? Or is there a prescribed reaction when he "breaks in" and a different one when you don't lock the door?

Yes it does matter. Break and enter is as it sounds. What this looks like is trespass without intent.

[DinoDoc]

Originally posted by Asher

Yes. Breaking in provides clear intent to trespass, or worse.

Illegally entering a house without the permission of anyone doesn't provide clear intent to trespass? Would it have been different if he had smashed a window to get access in a drunken stupor?

[Flubber]

OH and Asher-- that Tronto Sun article gave some of the details I was looking for. It seems the intruder appeared by surprise so I would give the homeowner the benefit of the doubt depending on the nature of the injuries

[Wezil]

Originally posted by DinoDoc
Illegally entering a house without the permission of anyone doesn't provide clear intent to trespass?

You think he intended to trespass? He was drunk and went to the wrong house (where's the intent?). He entered an unlocked door and was beaten.

edit - Yes, smashing a window would change things.

[Flubber]

Originally posted by Wezil


Sounds like a trial issue to me.

and it could be but the prosecurors can drop charges if something appears to be clearly reasonable to them. I'm just saying that in your own home you get some leeway

[DinoDoc]

Originally posted by Wezil
edit - Yes, smashing a window would change things.

How so?

[CrONoS]

wait, even if he broke a glass, if the guy used excessive power, like hitting the head of the guy several times, the guy's should be charge.

At least, like I said before, force him to see anger management counselor.

[Wezil]

Originally posted by Flubber


and it could be but the prosecurors can drop charges if something appears to be clearly reasonable to them. I'm just saying that in your own home you get some leeway

We actually agree on this. The amount of the leeway when presented with the facts of the case (not just newspaper accounts and spitting in the wind as we do here) will allow the judge/jury to decide. This is why I think it is a trial issue.

[Flubber]

Originally posted by Krill
If the kid moved in a way that suggested that he was about to flee or attack, then the guy did what was right by detaining the kid, but it does seem like he used excessive force.

Actually in Canada you don't really have much right to use force to DETAIN the intruder. At law if someone broke into my house and when they saw me they started to flee, I would be guilty of assualt if I threw a can of soup at them and struck them. (unless their fleeing was in a direction I could view as a threat)

[Wezil]

Originally posted by DinoDoc
How so?

B/c he would be breaking and (presumably) entering, not just trespassing. He took an action to enter when he was clearly being prevented by doing so. An unlocked door does not send the same message as a barrier you must break to pass. Intent is clear.

[CrONoS]

@Wezil

You're sure, where I work, we have force many people to stay in a small room. (around 10-15 peoples)

And we have never been sued.

[Flubber]

Re: Re: Re: Drunken teen stumbles into wrong home

Originally posted by Wezil


I'll say it again - He didn't "break in".

AT the time the homeowner doesn't know that. Sometimes people think doors are locked when they are not. The lack of break-in goes to the intruder's criminal charges but are irrelevant to the homeowner