Breaking and Entering what does the law say.

With all the talk at the last City Council Meeting about BREAKING and ENTERING because of the house on Fenton I thought I would find out a little about the law.

This is what it says in our ordinances:

Sec. 20-137.  Breaking and entering, entering without authority.

(a)   Any person who shall break and enter, or shall enter without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, or any cottage, clubhouse, boathouse, hunting or fishing lodge, garage or the outbuildings belonging thereto, or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner or occupant, agent, or person having immediate control thereof, shall be guilty of a misdemeanor.
(b)   This section shall not apply:
(1)   To entering without breaking of any place which at the time of such entry was open to the public, unless such entry has been expressly denied.
(2)   Where the breaking and entering or entering without breaking was committed by a peace officer or other person authorized by law to break and enter or otherwise enter without breaking provided the breaking and entering or entering without breaking was committed in the lawful performance of their duties as a peace officer or other person authorized by law to break and enter or otherwise enter without breaking.
(3)   Where the breaking and entering or entering without breaking was committed by someone under the direction of a person exempted from the applicability of this section as noted in subsection (2) above.
(c)   Complaint for violation of this section may be made by the owner, lessee or occupant of the structure, place, or area as set out in subsection (a) above, or the agent thereof, or the police department. The police department shall enforce this section.
(Ord. No. H-87-3, § I, 4-28-87)
State law references:  Similar provisions, MCL 750.115.

The State law MCL750-115

750.115 Breaking and entering or entering without breaking; buildings, tents, boats, railroad cars; entering public buildings when expressly denied.Sec. 115.

(1) Any person who breaks and enters or enters without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, or any cottage, clubhouse, boat house, hunting or fishing lodge, garage or the out-buildings belonging thereto, any ice shanty with a value of $100.00 or more, or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner or occupant, agent, or person having immediate control thereof, is guilty of a misdemeanor.

(2) Subsection (1) does not apply to entering without breaking, any place which at the time of the entry was open to the public, unless the entry was expressly denied. Subsection (1) does not apply if the breaking and entering or entering without breaking was committed by a peace officer or an individual under the peace officer’s direction in the lawful performance of his or her duties as a peace officer.

I just have a few questions why was the property left unlocked to begin with?  The city should be thankful that all that happened was some people entered it and looked around according to councilman Berry some people did enter, if that is the case then the city should take a look at why it was left open. What could have happened in that house could have been so much worse, and the city would have been held responsible for it. Kids could have entered it and someone could have been hurt why isn’t anyone talking about the fact that there was no lock on the door in the first place?  That is incompetent, how many other homes around Dearborn Heights do we own that are left unattended, and unlocked? I would ask that someone from the city go and take a look at all of the properties and make sure they are secure. As taxpayers we have the right to go, and look at each, and everyone of the properties that have been purchased with taxpayer funds from the outside, and if you want to look inside to see what is being done you should file a FOIA with the city and set a time, and date.

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