Definition Of Locked Vehicle Under Section 459 Of The California Penal Code

MEMORANDUM

CONFIDENTIAL
Attorney Work Product

TO: Stephanie Klugman
FROM: Samantha Student
RE: Roland Webber – Definition of locked vehicle under California burglary statute and possible felony conviction
DATE: September 9, 2017

FACTS

Police arrested Roland Webber after he entered a van with the intent to steal its contents. Webber did not break any of the locked windows or doors to enter the van. Instead, Webber entered the vehicle by removing pieces of duct tape holding a thick plastic sheet over a broken window. All of the other van windows and doors were locked.
QUESTION PRESENTED
Does removing duct tape holding a thick plastic sheet over a broken window constitute breaking into a locked vehicle under section 459 of the California Penal Code?
SHORT ANSWER Yes. Removing duct tape holding a thick plastic sheet over a broken window constitutes breaking into a locked vehicle within the meaning of section 459 because force is required to remove the tape.
DISCUSSION
Pursuant to section 459 of the California Penal Code, every person who enters a vehicle when the doors are locked with the intent to commit any felony is guilty of burglary. Cal. Penal Code (West 2017). The California Court of Appeal emphasized that the “[l]egislature specifically required locking as an essential

. . [such that] some force [is] required to break the seal to permit entry.” Lamont R., 200 Cal. App. 3d at 247 (quoting People v. Massey, 241 Cal. App. 2d 812, 817 (1966)). In Lamont R., a chain and hook contraption securing a trailer door with a broken shipment seal failed to lock the vehicle. Id. The defendants gained access to the trailers by unhooking the chains, unfastening the latches, and opening a door. Id. at 246. The court found that the vehicle was not locked, because no force was needed and no seals were broken to gain entry. Id. at