What evidence is sufficient for an arrest in Breaking & Entering charge?
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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 14 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.
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