Enter Buildings
“Entering” a building may be done without force, and even with permission (obtained by fraud). The Burglary (Unlawful Entry) may be with force or without Force (by use of an unlocked door or window).
Building sense here
The term “Building” may include one of the followin “structures” or premises:
Apartment
Barn
Cabin
Church
Condominium
Dwelling house
Factory
Garage
House trailer or houseboat (used as permanent dwelling)
Mill
Office
Other building
Outbuilding
Public building
Railroad car
Room
School
Stable
Storage facility
Vessel (ship)
Warehouse
Canada: Enter Dwelling-Houses
Entrance is defined relating:
(a) a person enters as soon as any part of his body or any part of an instrument that he uses is within any thing that is being entered; and
(b) a person shall be deemed to have broken and entered if
(i) he obtained entrance by a threat or an artifice or by collusion with a person within, or
(ii) he entered without lawful justification or excuse, the proof of which lies on him, by a permanent or temporary opening.
A “dwelling-house” means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes:
(a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passage-way, and
(b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence.
Authorization to enter dwelling-house to Carry out Arrests
Any person who may issue a warrant to arrest or apprehend a person under any Act of Parliament, other than the Canadian Criminal Code, has the same powers, subject to the same terms and conditions, as a judge or justice has under the Canadian Criminal Code, as stated by the Canada’s Interpretation Act, which provides rules for the interpretation of legislation,
(a) to authorize the entry into a dwelling-house described in the warrant for the purpose of arresting or apprehending the person, if the person issuing the warrant is satisfied by information on oath that there are reasonable grounds to believe that the person is or will be present in the dwelling-house;
(b) to authorize the entry into the dwelling-house without prior announcement if the requirement of specific subsection of the Criminal Code is met.
Burglary?
See Burglary? in this Encyclopedia and in the U.S Encyclopedia.
Under English law, Burglary is the act of entering a structure or building with the intent to commit theft. In the united States comprises the breaking and entering the structure or building in the night intent to commit a felony.
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