Also known as:entries · entry of judgment · right of entry
Written by attorneys · grounded in primary & secondary sources — see below
The act of going into a structure or onto land. In burglary the element is satisfied when any part of the body or a tool used to commit the intended felony crosses the threshold.
Sources & Authorities
How it applies
Common Examples
6
Minimal Force Opens Door
Eduardo Enriquez approached the rear door of Evelyn Ellison's cottage at night. Finding it closed but unlocked, he turned the knob and pushed it open a few inches before stepping inside to steal jewelry. The slight force used to move the door satisfied the entry element of burglary.
Force Prevents Trespass
Eva Espinosa saw Elliot Edmonds climbing her fence to remove tools from her shed. Believing the shed and its contents were in her possession, she used reasonable force to push him back and stop the unlawful entry. The force was justified to terminate the trespass.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Elena Estrada inspected the apartment before taking possession and discovered severe water damage that made it uninhabitable. Because the lease contemplated residential use, she declined to enter and sued the landlord for breach before taking possession.
Warrant Required for Home Entry
Officers arrived at Eileen Epstein's residence without a warrant to arrest her for a nonviolent offense. Finding no exigent circumstances and no reason to believe she was inside at that moment, they could not lawfully enter the home.
Changed Circumstances Support Modification
After the original custody decree, Evelyn Ellison moved out of state and the child's school performance declined sharply. The court found these new facts constituted a sufficient change in circumstances to justify modifying the prior order.
Late Motion for New Trial
Eduardo Enriquez received an adverse judgment on March 1. He filed a motion for a new trial on April 2, more than twenty-eight days later. The court denied the motion as untimely under the filing deadline.
Common questions
Frequently Asked
4
Does merely inserting a hand through a window constitute entry for burglary?+
Yes. Placing any part of the body inside the structure satisfies the entry element even if the defendant does not fully enter the dwelling.
Supporting sources
When may a tenant refuse to take possession because of unsuitable conditions?+
A tenant may refuse entry before taking possession if the leased property is unsuitable for the contemplated residential use without the tenant's fault.
Supporting sources
What must police show to enter a suspect's home without a warrant?+
Absent exigent circumstances, officers need an arrest warrant and reason to believe the suspect is inside before making a nonemergency entry into the suspect's own home.
Supporting sources
How long does a party have to move for a new trial after judgment?+
A motion for a new trial must be filed no later than twenty-eight days after the entry of judgment.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…states in his brief that the hearing before the District Court was held on July 22, 1970. Brief for Appellee 13. The docket entries, App. 2, and the transcript, App. 76, reveal this to be an error. The July date appears to be the time of the reporter's transcription. See App. 77. [^maj-7]: We need not consider what…