State Supreme Court: If you’re property isn’t fenced all around, it isn’t burglary
Published 12:05 pm Thursday, July 9, 2009
The Associated Press
OLYMPIA — A man suspected of stealing aluminum auto wheels from a rural business was not guilty of burglary, because the property was only fenced on one side — meaning it doesn’t qualify as a “building” under the law against criminal break-ins.
That’s the unanimous ruling today from the state Supreme Court, overturning the felony burglary conviction of Roger Dean Engel.
Burglary occurs when someone illegally enters a building or enclosed area, intending to commit a crime. That can include a fenced area.
In today’s case, Engel had been seen in the outdoor yard of an asphalt company. But the yard was only partially fenced, with hills and embankments surrounding the other sides. And that means Engel wasn’t guilty of burglary.
