Legal Question in Criminal Law in Indiana

Breaking and Entering

If you are given permission to use someone's house while they are on vacation, and they give you their combination to get in to the house, via the garage, is it considered breaking and entering. Just a simple yes or no answer will suffice, however a short explanation will be greatly appreciated thanx a bunch.

Jonathon Myers


Asked on 4/13/04, 11:19 am

1 Answer from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Breaking and Entering

The facts of each situation are important to know in addressing such an issue. While there has not been much in the way of detail given, your question will be addressed in a general sense. If one has the express consent of the property owner to enter anothers home while away and where the owner provided the security combination code or key, than this should not be considered, residential entry, trepass or as you have termed it, "breaking and entering". However, keep in mind that such consent is only good for the time frame in which it covers. It may not have been intended to cover any period in which the owner is away. Such consent may also be limited as to what might be used in the house, taken or consumed. Having a clear understanding from the property owner would be a good idea rather than assuming.

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Answered on 4/13/04, 11:43 am


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