breaking and entering business, taking property without owner's permission

[sdlegal]

What is the name of your state (only U.S. law)? CA

A former volunteer who was working for my business and who had a key, deliberately disobeyed my request and entered my business while I was out of town. Caught on camera, he and his friends took items out of my store that he claims were his (admittedly, some of his property was there). Without myself present to verify, I have no idea if items were stolen. Once I found out, I called the police, who stopped them from continuing but legally could not get the items back. Further, I may have lost a customer who observed the incident. I scheduled a follow-up for them to take the remainder of the property when I get back into town, but with police present to "keep the peace". The police warned them not to return until the meeting.

The volunteer unlocked the doors we had locked and forcibly entered against my will, threatened employees, and while I cannot prove what they took is mine (hard to see from the video surveillance), I can prove the breaking and entering. Items may have been stolen, and business may have been lost. Is any of this this cause for a lawsuit, and if so, how much is reasonable and do I have a case here?

 

[justalayman]

A former volunteer who was working for my business and who had a key, deliberately disobeyed my request and entered my business while I was out of town

what was your "request"?

why did they have a key if they were not allowed in the building?

I have no idea if items were stolen

the courts do not work on maybe's and guesses. If you cannot prove anything was stolen, then it will be treated that nothing was stolen.

Further, I may have lost a customer who observed the incident.

care to explain that one?

The volunteer unlocked the doors we had locked and forcibly entered against my will, threatened employees, and while I cannot prove what they took is mine (hard to see from the video surveillance), I can prove the breaking and entering.

but they had a key!!! that alone suggests permission to enter when the doors are locked.

and threatened employees? Why were the doors locked if there were employees there and why didn't the employees call the police?

 

[sdlegal]

My request was not to enter until I returned. I asked for a list to be furnished of the items that were his and I would bring them to him. Instead, I was hung up on on the phone, a few minutes later he came into my business during open hours. I had my employee lock the door prior but he unlocked it, all caught on video. He was supposed to return the key, which he did only after taking property out of the business. I haven't had a chance to change the lock yet because I have been preoccupied and out of town when I asked the volunteer to stop coming in, which was only yesterday!

A customer was in the store at the time this happened, my employees were arguing with him (one of the reasons why I wanted to be there, to avoid this kind of scene) and he left not approving a $3500 project. Again, I can't prove I lost business but I am sure it didn't help!

Again, the doors were locked because I received a call minutes before he entered warning me what was going to happen. The employees DID call the police, I also called as well.

 

[justalayman]

a request is not a demand. So, was your request in the form of:

I would prefer you not come around until/unless...

or

you are not allowed on the premises unless/until



the first one means he probably did not commit a crime. The second one means he probably did.


if you do not know that something is missing, then what do you expect the police to write on their report? What do you think you could sue for?



you cannot prove you lost business due to the situation. Nothing there to sue for.



so, if the prosecutor sees this as a crime, do what it takes to have it prosecuted. If you know he took your property, be sure to inform the police. You can sue him for the losses of him taking the property. That's about it.

 

[sdlegal]

Forgive me, I did not word it correctly. It most definitely was a demand not to enter. I have written it in text messages and have told him. I did not want him returning at all and made it clear he would have to furnish a list of his property and I would bring it to him. Obviously, I locked the doors because I didn't want him to enter. Obviously, I had the employees and I called the police because he was not supposed to be there. As I watched equipment being hauled out from my store, I could not verify what was mine and what was his. Is this not a crime?

I had my employees take pictures of the property and most of it looks to be his, but easily some of it could be mine. There were boxes stacked with items. How can I tell?

Further, can I hold the remainder of his property until he brings everything back so I can verify? Of course if he stole something he is going to hide it, but perhaps I can have my employees verify that he brought everything back. Then I can check it out and verify myself.

To me, it's very simple, if I told him not to enter until I returned, and he forced his way in regardless, I should have some recourse, regardless of the speculation as to what was taken and what was not. Is that what you mean by "prosecute this as a crime" and if so, how would I proceed?

 

[justalayman]

so the entry is a crime. The police will handle that.

You still do not know if he took anything of yours. Is everybody supposed to just guess at what they think he took? Bottom line; if you sue him for anything, you have to prove your case. So far you aren't even sure he took anything of yours let alone what it was specifically.

No, you cannot hold his property. That would be just as illegal as him taking your property. There is no obligation he bring back his property.

 

[sdlegal]

I told the police about his illegal entry while they were at my business and they didn't do a thing. The fact that he entered deliberately against my wishes was ignored by the officer I spoke with over the phone. Should I call the police now and file a report?

 

[justalayman]

I would, if you want them to file charges. Understand, they are not obligated to file charges though.

 

[sdlegal]

I would, if you want them to file charges. Understand, they are not obligated to file charges though.

I am surprised this was not addressed by the officers who were dispatched to the scene. They didn't seem to care about that fact. If I call dispatch, what will happen, in other words, is he summoned to court, would I have to provide video evidence, statements from employees, etc? I am wondering where this will all go and if there is anything to be gained (teach him a life lesson?). Can I pull out after the ball gets rolling, just to give him a shock and realize that he can't walk over people and do as he pleases?

 

[justalayman]

they may be forwarding the report to the DA who is actually the entity that makes the decision whether there are charges filed or not.

Can I pull out after the ball gets rolling, just to give him a shock and realize that he can't walk over people and do as he pleases?

Nope, not your call. You are a victim. Whether he is prosecuted is up to the DA.

t

, would I have to provide video evidence, statements from employees, etc?

that would be up to the police or da to deal with

 

[sdlegal]

they may be forwarding the report to the DA who is actually the entity that makes the decision whether there are charges filed or not.


Nope, not your call. You are a victim. Whether he is prosecuted is up to the DA.

tthat would be up to the police or da to deal with

I am going to call now to get the ball rolling. Will post an update shortly with their response.

 

[sdlegal]

Dispatch indicated that it may be trespassing and requested that the officer who was on-site call me to discuss. Dispatch said since the officer didn't mention anything about it at the time, or make an arrest, they are not sure what the officer will want to do. I am expecting a call back soon, will post the results. Any guesses as to what will happen?

 

[sdlegal]

Spoke with the officer who came on-site. He said there's no criminal trespassing here, as he has a right to take his property, even though I told him he couldn't enter without my permission. He said the person had a key which indicated his ability to enter freely (despite the fact that I'm out of town, didn't have enough time to change it, etc). The fact that police were dispatched and told him not to come back before the next meeting to hand over remainder of property now means that if he does come back and enter, it would be criminal trespassing.

So it looks like in the end there is nothing I can do according to the officer. Can I still contact the DA myself to see if they have a differing opinion?

 

[swalsh411]

Wouldn't you prefer to just be done with the whole thing? Give the guy his stuff, change the locks, and move on.

 

[sdlegal]

Wouldn't you prefer to just be done with the whole thing? Give the guy his stuff, change the locks, and move on.

I do agree - surprised how the law works in this case but lesson learned. Change locks!