Question
I have a digital lock on my front door that I can unlock with a code from my smartphone from anywhere in the world with
I have a digital lock on my front door that I can unlock with a code from my smartphone from anywhere in the world with an app that connects to my home wifi. I can also set the lock to open the door automatically when a my phone sends aBluetoothcode to the phone.
Scenario 1: After dark, the police apprehend an individual sitting 75 feet away from my house. His smart phone has an unlimited data plan. When the police examine his phone, they find an app that tries codes to unlock the brand of digital lock on my door. The app was not opened when the police seized the phone. Wifi is turned "Off" but Bluetooth is turned on.
Scenario 2: The police apprehend an individual leaving my house late one night carrying my cell phone that he stole from me earlier in the day. My laptop that was on my desk is in his backpack. He says he did not "break in" because the door opened by itself.
- Can the individual apprehended inScenario 1be charged with attempted burglary (a) under the Connecticut statute or (b) under the common law?
- Can the individual apprehended with my laptop in Scenario 2be charged with burglary (a) under the Connecticut statute or (b) under the common law? (Ignore potential charges for theft of the phone.)
- In either scenario, can the individual be charged with possession of burglary tools under Connecticut Statute 53a-106(a)?
- Explain the reasoning and list the facts about the lock, the phone, and theappthat support your conclusion.
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