Magness v. Superior Court
54 Cal. 4th 270, 142 Cal. Rptr. 3d 268, 278 P.3d 259 (2012)
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Rule of Law:
For a burglarious entry to occur, some part of the defendant's body or an instrument under the defendant's control must physically penetrate the outer boundary of the building. Using a remote control from outside a residence to open a garage door does not, by itself, constitute an entry for the purposes of the burglary statute.
Facts:
- On the evening of July 24, 2010, Timothy Loop was at home when he heard the garage door of his house opening.
- Loop ran into his garage and saw Christopher Magness standing near the end of the driveway.
- When Magness fled, Loop pursued him on a bicycle.
- After Magness was apprehended, Loop returned to his own house and found his garage door remote control near the end of the driveway where Magness had been standing.
- Loop had previously locked the remote control inside his car, which was parked in the driveway.
- An inspection of Loop's car revealed that the door seal on one window had been peeled back and the window was down a couple of inches.
Procedural Posture:
- Christopher Magness was charged in a felony complaint with attempted first degree burglary.
- At the preliminary hearing, the magistrate ruled that the evidence supported a completed burglary charge.
- The prosecutor subsequently filed an information charging Magness with completed residential burglary.
- The superior court (trial court) denied Magness's motion to reduce the charge back to attempted burglary.
- Magness (as petitioner) filed a petition for a writ of prohibition with the Court of Appeal (intermediate appellate court).
- The Court of Appeal granted the writ, ruling that the evidence only established an attempted residential burglary.
- The prosecution (as petitioner) petitioned for review by the Supreme Court of California.
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Issue:
Does a person who stands in a driveway and uses a remote control to open a motorized garage door commit an 'entry' into the residence for the purposes of the burglary statute, even if no part of their body or any instrument physically crosses the building's outer boundary?
Opinions:
Majority - Liu, J.
No. Using a remote control to open a garage door does not constitute an entry into a residence for purposes of the burglary statute. For a completed burglary to occur, there must be a physical penetration of the building's outer boundary by the defendant or an instrument. The court reasoned that the essence of burglary is an unlawful entry that invades a possessory right in a building. While the common law required a 'breaking,' California's statute requires only an 'entry,' which is satisfied by the slightest penetration of the building's outer boundary by any part of the body or an instrument. The court clarified that a building's door is part of its boundary and cannot be the 'instrument' that enters; rather, something from the outside must go inside. Here, Magness caused the door to open, but nothing—not his body nor any tool—penetrated the physical space of the garage. This act might constitute a common law 'breaking' and supports a charge of attempted burglary, but it fails to satisfy the essential element of entry required for a completed burglary.
Analysis:
This decision clarifies and reinforces the physical penetration requirement for the 'entry' element of burglary. It establishes a clear line between acts of preparation, such as opening a door remotely, and the completed offense, which requires a physical trespass across the structure's boundary. The ruling prevents the expansion of the burglary statute to encompass actions taken at a distance with modern technology unless they result in a physical intrusion. This case will guide future analyses of burglary involving remote or electronic means, requiring prosecutors to prove that 'something outside' actually went 'inside' the structure.
