It makes breaking and entering legal because no breaking to enter happens. It allows people to move in and squatting is now in play so they could lock you out and call police if you try to enter.
No. Unlocked door != legal entry. "Breaking" in B&E doesn't require any physical damage. Pushing open an unlocked door or entering a place without authorization counts. If I leave my home to go to the store, and leave the door unlocked and someone walks in, they are still committing a crime.
There are also no tenant protections for criminal intruders, squatter protections require a claim of right like a disputed lease or a holdover tenancy, or continuous possession over many years. Someone that just walks into a residence is an active trespasser and can be arrested for criminal trespass or burglary.
This is not how it works. Even a cursory glance at the law makes it clear that this is not how it works.
Here is New York: https://www.nysenate.gov/legislation/laws/PEN/140.20
Funny enough, I had some valuable stuff (including my passport!) stolen from my car, which I'd left unlocked because I was moving some heavy boxes. The police in my area (bay area) said they couldn't really do anything about it because they didn't break a window.
I don't know exactly what legal technicalities are involved, but this did actually happen to me in a de facto sense!
That's cops being lazy because they now don't need to write a report for your car insurance to replace the non-broken window. However, your homeowners or renters insurance may cover the stolen items. In general, there's probably nothing to do about stolen items from a car because literally anyone could have done it and it's not like your car was a sterile environment to begin with (millions of fingerprints and pieces of random DNA everywhere). To give them the benefit of the doubt, why should they expel manpower and resources over items that your insurance will replace when those resources could be put to use in investigating violent crimes? Although in reality, even with photographic evidence and location tracking of the stolen items, the cops still probably won't do anything other than write a report unless it's a very slow day.
That’s like saying it’s not manslaughter if you kill a woman because no ”man” died.
Laws around breaking and entering date back to WELL before mechanical locks were commonplace or even affordable to residences.
Do not try this at homes that belong to other people.
No it doesnt, that's still breaking and entering
Ha this is the logic Richard Chase used to enter peoples homes
lmao you dumbass