Breaking/Entering & Unlawful Entry

[David Armstrong]

"A University of Arizona Police Department officer reported that he had finished working around 5 a.m. and headed home. After being there for approximately five minutes, he heard a knock at his door. The officer had not locked his door behind him, and when he looked to see who was there, he saw a girl with no shoes and unkempt hair.

She yelled at the officer to let her in because she had to use the bathroom. The officer said no, that he did not know her and she should use the public bathroom at the Circle K convenience store down the street. She replied, "No, I really have to pee, and this is where the party is at."

The woman attempted to make her way into the house. She pushed the door open and said, "I really need to use your bathroom," as she tried to push the officer aside so she could get past him."
***************************************************
OK, let's assume you are not an officer. What are you going to do? Do we have a felony?

 

[csmsss]

"A University of Arizona Police Department officer reported that he had finished working around 5 a.m. and headed home. After being there for approximately five minutes, he heard a knock at his door. The officer had not locked his door behind him, and when he looked to see who was there, he saw a girl with no shoes and unkempt hair.

She yelled at the officer to let her in because she had to use the bathroom. The officer said no, that he did not know her and she should use the public bathroom at the Circle K convenience store down the street. She replied, "No, I really have to pee, and this is where the party is at."

The woman attempted to make her way into the house. She pushed the door open and said, "I really need to use your bathroom," as she tried to push the officer aside so she could get past him."
***************************************************

OK, let's assume you are not an officer. What are you going to do? Do we have a felony?

That's certainly a trespass, and given that she attempted to forcibly enter, very likely a felony. That it didn't happen at night, and that she wasn't an obvious threat to the homeowner's life work in her favor, but it's still a crime and I believe the homeowner would be justified in drawing a firearm to prevent her entry. Not enough there to say he'd be justified in a shooting, however - what is presented is not enough to satisfy the reasonable person test.

 

[OldMarksman]

The woman attempted to make her way into the house. She pushed the door open and said, "I really need to use your bathroom," as she tried to push the officer aside so she could get past him." OK, let's assume you are not an officer. ..... Do we have a felony?

A lay person cannot do any more than speculate, and I'm not sure that a prospective defense attorney would answer in writing. On the face of it, it sounds like Criminal Trespass in the First Degree, which as I understand it is a Class 6 Felony. But: is it conceivable that the person could successfully mount a necessity defense? Did she have no reasonable alternative to prevent injury greater than the damage she would cause (say, indecent exposure to someone under fifteen, also a felony)? I have absolutely no idea what the case law is in Arizona or what a court might decide.

However, I don't see how it matters to anyone but the girl.

What are you going to do?

Sorry, I lock the door automatically--wouldn't happen.

If it did--how old, how big, does the behavior change...I'd stay wary and would be armed.

The only thing I know for sure is that I would not think "castle law" and shoot.