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ALICE IN LEGALAND
ANSWERS A CRIMINAL QUESTION

Question: I was arrested for staying in a store after closing time to take money from the cash register and charged with burglary. I thought burglary only referred to "breaking and entering" crimes. Also, the arresting officer did not read me my Miranda rights. Can I get the charges dismissed for that reason?

Answer: The definition of burglary used to be breaking and entering a dwelling in the nighttime with the intent to commit a felony therein. Now breaking and entering is no longer required. It is enough to remain unlawfully on the premises. The location need no longer be a dwelling, the time of day is irrelevant and the intention to commit any crime therein is sufficient. The officer's failure to read you your rights did not invalidate your arrest. It simply prevents the prosecutor from using any statements you made after your arrest against you at your trial. You will be entitled to a suppression hearing at which your attorney should argue against the admission of those statements into evidence. Therefore, your arrest was valid and the charges will not be dismissed on the grounds about which you inquire.