What evidence is sufficient for an arrest in Breaking & Entering charge?

Get Legal Help Today

 Secured with SHA-256 Encryption

What evidence is sufficient for an arrest in Breaking & Entering charge?

We had money and other items stolen from our house. There was no sign of forced entry and no fingerprints were found. Most of the items belonged to my younger sister and were hidden in places that only her ex-boyfriend knew about. Most of the items stolen were things only he would want to steal because they were connected to their relationship. Is this enough to arrest him? If you think you know who has committed the crime because it seems personal is that enough for an arrest? Or would that only warrant questioning? If he didn’t have an alibi or was seen in the vicinity of our house would that make a difference?

Asked on October 14, 2010 under Criminal Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally, there needs to be *some* physical evidence--footprint, fingerprint, trace (e.g. fibers form a shirt of his)--and/or some eyewitness or accomplice testimony, or possibly some self-incrimination (e.g. bragging about it to someone else who reports it). Or perhaps if stolen goods turn up in his presence, that would be enough. Opportunity to commit a theft, coupled with motive, are not by themselves enough for an arrest--though if you share t his information with the police, it may well be enough for them to at least question him and his acquintenances, do some looking around, etc., to see if they can turn up sufficient evidence. So no, it's very unlikely he could be arrested based on what you write, but it should be enough for the police to at least investigate. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption