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prosecutors prove a car’s doors were locked at the time of a break-in Weird law. Here in Wales if you leave it unlocked you might have a problem with your insu

prosecutors prove a car’s doors were locked at the time of a break-in Weird law. Here in Wales if you leave it unlocked you might have a problem with your insurance but it’s still equally a crime.

tomschlick 7y ago
It's a crime everywhere else in the US too. California is pants on head stupid about this.
JoeAltmaier 7y ago
"eliminate a requirement that prosecutors prove a car’s doors were locked at the time of a break-in, has been shelved two years in a row" I lived in San Jose, left my crap car's doors unlocked because there was nothing in it. Still, the thief just broke the passenger window (without trying the door?) , opened the glove compartment, saw there was nothing in there, and moved on. So, not a crime I guess. Yay California. I don't live there anymore.
- knute 7y ago
  Based on the anecdote in the story, you should always break the window without trying the door, because if you're on video trying and failing to open the door, that's evidence the door was locked and they can prosecute you. Talk about perverse incentives.
buckminster 7y ago
The article makes little sense. It says “It’s ridiculous that under current law you can have a video of someone bashing out a car window, but if you can’t prove that the door is locked you may not be able to get an auto burglary conviction" So what? Surely you can still get a conviction for criminal damage (as it's called in the UK) or theft?
- goblin89 7y ago
  Apparently now in California it’s a misdemeanor if car’s broken window is worth less than $950.
  - buckminster 7y ago
    Apparently: "In California a misdemeanor is defined as a crime for which the maximum sentence is no more than one year in county jail." A year in jail is a serious punishment. Why can't these people be prosecuted?
    - coreless 7y ago
      They can, of course. At any given time, any given American can likely be prosecuted for a misdemeanor. The question you are asking is, why are these people prosecuted only after every misdemeanor crime which is prosecuted, and additionally only after those misdemeanor crimes which counterfactually would be prosecuted before this one if more misdemeanor crimes were prosecuted? The answer is complex.
the-dude 7y ago
In The Netherlands, leaving your car unlocked is an offense in itself : incitement
- goatinaboat 7y ago
  How would they prove it wasn’t just forgetfulness? There would be no “mens rea”.
ALittleLight 7y ago
I wonder if the car's computer logs changes to lock state and if that would be sufficient evidence. Seems like that could be an easy solution.

tomschlick 7y ago

It's a crime everywhere else in the US too. California is pants on head stupid about this.

JoeAltmaier 7y ago

"eliminate a requirement that prosecutors prove a car’s doors were locked at the time of a break-in, has been shelved two years in a row" I lived in San Jose, left my crap car's doors unlocked because there was nothing in it. Still, the thief just broke the passenger window (without trying the door?) , opened the glove compartment, saw there was nothing in there, and moved on. So, not a crime I guess. Yay California. I don't live there anymore.

knute 7y ago
Based on the anecdote in the story, you should always break the window without trying the door, because if you're on video trying and failing to open the door, that's evidence the door was locked and they can prosecute you. Talk about perverse incentives.

buckminster 7y ago

The article makes little sense. It says “It’s ridiculous that under current law you can have a video of someone bashing out a car window, but if you can’t prove that the door is locked you may not be able to get an auto burglary conviction" So what? Surely you can still get a conviction for criminal damage (as it's called in the UK) or theft?

goblin89 7y ago
Apparently now in California it’s a misdemeanor if car’s broken window is worth less than $950.
- buckminster 7y ago
  Apparently: "In California a misdemeanor is defined as a crime for which the maximum sentence is no more than one year in county jail." A year in jail is a serious punishment. Why can't these people be prosecuted?
  - coreless 7y ago
    They can, of course. At any given time, any given American can likely be prosecuted for a misdemeanor. The question you are asking is, why are these people prosecuted only after every misdemeanor crime which is prosecuted, and additionally only after those misdemeanor crimes which counterfactually would be prosecuted before this one if more misdemeanor crimes were prosecuted? The answer is complex.

the-dude 7y ago

In The Netherlands, leaving your car unlocked is an offense in itself : incitement

goatinaboat 7y ago
How would they prove it wasn’t just forgetfulness? There would be no “mens rea”.

ALittleLight 7y ago

I wonder if the car's computer logs changes to lock state and if that would be sufficient evidence. Seems like that could be an easy solution.