In a case where a defendant knocked on a door for cigarettes, then pushed the man through the doorway, crossing the threshold, is this a lawful arrest for breaking and entering?

In a case where a defendant knocked on a door for cigarettes, then pushed the man through the doorway, crossing the threshold, is this a lawful arrest for breaking and entering?

• A. True
• B. False
• C. Only if the door was locked
• D. Only if force was used to cross into a room

Answer: (A)

Breaking and entering is about unlawfully entering a structure, with the force or lack of permission being the key element. The moment force is used to gain entry, the “breaking” part is satisfied. In this scenario, the defendant uses physical force to push another person through the doorway, causing someone to cross into the premises. That crossing of the threshold is entry into the dwelling, achieved by force, and without lawful permission. Therefore, the defendant’s actions meet the elements of breaking and entering, making an arrest on that charge lawful. The door’s locked state or who actually crosses the threshold does not change the fact that entry was effected by force.

Breaking and entering is about unlawfully entering a structure, with the force or lack of permission being the key element. The moment force is used to gain entry, the “breaking” part is satisfied. In this scenario, the defendant uses physical force to push another person through the doorway, causing someone to cross into the premises. That crossing of the threshold is entry into the dwelling, achieved by force, and without lawful permission. Therefore, the defendant’s actions meet the elements of breaking and entering, making an arrest on that charge lawful. The door’s locked state or who actually crosses the threshold does not change the fact that entry was effected by force.