Jumping Frog wrote:A-R wrote:Stealing property out of someone's vehicle is not "theft" - it's burglary.
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Question is whether "burglary of vehicle" is same as "burglary" for purposes of PC 9.42 justification. And seems the police believe it is.
I've seen the discussions on this board on the topic of burglary versus burglary of vehicle. I personally conclude that burglary of vehicle is not an act covered under PC §9.42(2)(A)-(B) where "burglary" is referenced.
The arguments advanced by srothstein were compelling, in my opinion. You are welcome to reach your own conclusion.
Once again, I hope the CHL's are not charged.
IMO, they are two separate crimes and PC §9.42(2)(A)-(B) does not apply to "Burglary of a Vehicle".
