Storage Unit Burglary Laws
Summary
In California, burglary (Penal Code 459), theft (Penal Code 484), and vandalism (Penal Code 594) are serious offenses. Despite marital status, these actions can be illegal. A citizens arrest (Penal Code 837) allows a private person to arrest someone if they witness a crime firsthand, applicable for misdemeanors witnessed or felonies. Its crucial to ensure safety, witness the crime, inform the suspect, detain them with reasonable force, and contact law enforcement. Consulting a lawyer is advisable for exploring civil remedies or further legal actions.Full Conversation
My wife broke into my storage unit when I was out of town. Her name is not on the lease agreement. She stole some of my belongings and destroyed the rest. My wife and I have not lived together for over a year This occurred in California. Is this a criome? What penal codes, legal authority or case law can I cite?
****, this is indeed a serious matter. In California, some relevant laws include:
- Penal Code *: Burglary
- Penal Code *: Theft
- Penal Code *: Vandalism
It's advisable to report the incident to the police and consult a lawyer for specific legal actions.
Is there any other legal information you need?
I reported it to the police and they said it is not a crime because we are still married.
****, this sounds frustrating. Your marital status does not excuse unlawful behavior. Here are a few points to consider:
- Penal Code *: Burglary involves entering a structure with the intent to commit theft or any felony.
- Penal Code *: Theft involves taking someone else's property without consent.
- Penal Code *: Vandalism involves damaging another's property.
Despite what the police said, you may want to consult with a lawyer to explore civil remedies or further legal actions.
Would you like more information on civil claims or any other assistance?
I want her arrested. What exactly is a citizens arrest?
A citizen's arrest in California allows a private person to arrest someone if they witness a crime being committed. Here are key points:
- Penal Code *: Citizen's Arrest
- You must witness the crime firsthand.
- Only for misdemeanors committed in your presence or felonies.
Would you like more details on how to perform a citizen's arrest correctly?
yes
Key Points on Citizen's Arrest in California:
-
Penal Code *: Outlines the authority for a citizen's arrest.
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Witness Requirement: You must witness the crime as it happens.
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Applicable Crimes: Only applicable for misdemeanors witnessed firsthand or felonies.
Steps for Making a Citizen's Arrest:
*. Ensure Safety: Prioritize your safety and the safety of others.
*. Witness the Crime: Confirm you are witnessing a crime in progress.
*. Inform the Suspect: Clearly state that you are making a citizen's arrest and the reason.
*. Detain the Suspect: Only use reasonable force to detain the suspect.
*. Call Law Enforcement: Contact the police immediately and hand over the suspect.
Would you like more information on how to proceed with this, or do you need assistance with another legal issue?
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