Penal Code section 459 defines burglary broadly as entering a house, room, vehicle, or other specified structure with the intent to commit grand or petty larceny or any felony once inside. Notably, no forced entry is required — entering through an open door with the requisite intent can still constitute burglary. Degrees (first vs. second) generally track residential versus commercial premises.
On commercial and industrial properties, overnight break-ins, forced entry into storage units, and after-hours entry into offices with intent to steal equipment are classic PC 459 scenarios that patrol officers and alarm-response guards encounter. Security officers documenting a break-in should note points of entry, damage, and time discovered, since these details matter to how the offense is charged.
Security officers can detain a suspected burglar under private-person arrest authority when they have witnessed facts amounting to probable cause, but should prioritize safety, avoid entering a building alone to confront an active burglar, and hand off to police as quickly as possible. Officers do not determine intent element issues — that is for investigators and prosecutors.
Burglary statutes have specific structural and degree definitions that can shift with legislative amendment; verify current text and consult counsel for case-specific questions.
Related entries
Official sources
- [1]Cal. Penal Code § 459California Legislative Information
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General industry and regulatory usage — not legal advice, and not an endorsement by BSIS, the Department of Consumer Affairs, or any law-enforcement agency. Statutes, regulations, and local ordinances change; verify current text at the official government source or with your attorney.