You knew before you asked - Posted by Dr. Craig Whisler CA NV
Posted by Dr. Craig Whisler CA NV on September 04, 2003 at 11:31:19:
Yes you are breaking and entering. You knew that before you asked. I think what you really wanted to ask is “should I or shouldn’t I?” Noone can make your decisions for you.
If caught inside by someone who is angry (they shouldn’ be angry if it is for sale) you could always say that when you arived the door was unlocked and you hollered but there was no answer so you just went in to see if everything was OK. This may negate the ‘breaking’ aspect in some jurisdictions, but there could still be such a thing a criminal trespass, if things should get sticky.
Best rule: If you feel uncomfortable about it, don’t do it.
If you are clean cut, well dressed and driving a middle class or better looking vehicle that will probably affect how someone discovering you will react. On the other hand if you are unkempt, tatooed from headband to spurs and riding a Harley with a Hell’s Angles sticker on your Nazi style skid lid, maybe you better not ‘go in’.
If you are carrying a clipboard, you will look like you are doing something ‘official’. In any event if you go in, don’t do it at night or carrying a bag of B&E tools. Park right in front, in plain sight, not around the corner or behind the mobile home like a burglar might.