State v. Nollen
196 Or.App. 141, 2004 Ore. App. LEXIS 1465, 100 P.3d 788 (2004)
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Rule of Law:
For the purposes of second-degree burglary, a vehicle can be considered a "building" if it has been adapted from its ordinary use for the purpose of carrying on business therein, even if the adaptation is temporary or the business is charitable.
Facts:
- St. Vincent de Paul operates as a charitable entity that solicits and collects donated goods.
- St. Vincent maintains a donation collection station at the Salem-Keizer transfer station.
- The collection station consists of a semi-truck trailer unhooked from its tractor and left at the transfer station until it is full.
- St. Vincent placed permanent signs near the trailer advertising it as a donation collection station and provided stairs for public access into the trailer.
- Members of the public walk up the stairs and into the trailer to deposit their donations.
- St. Vincent attendants occasionally rearrange donated goods inside the trailer to maximize the load for transport.
- St. Vincent locks the trailer each night.
- Defendant entered and remained in one of St. Vincent's donation collection stations with the intent to commit theft.
Procedural Posture:
- Defendant was charged with one count of burglary in the second degree.
- At trial, defendant moved for a judgment of acquittal, arguing the state failed to prove that the structure entered was a "building."
- The trial court denied defendant's motion for a judgment of acquittal.
- Defendant was convicted of burglary in the second degree.
- Defendant appealed the judgment of conviction to the Oregon Court of Appeals.
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Issue:
Does a semi-truck trailer, detached from its tractor, equipped with stairs, and used as a temporary donation collection station for a charitable entity, constitute a "building" for the purpose of the second-degree burglary statute, which includes vehicles "adapted for carrying on business therein"?
Opinions:
Majority - Landau, P. J.
Yes, a semi-truck trailer adapted for use as a temporary donation collection station constitutes a "building" under the second-degree burglary statute. The court found that the St. Vincent trailer, while clearly a vehicle, had been "adapted * for carrying on business therein" as per ORS 164.205(1). Applying the ordinary meaning of "adapt" (to make suitable for a new use by changes or modifications) and "business" (a commercial or industrial enterprise, transactions, or dealings), the court determined that St. Vincent adapted the trailer. This adaptation was evidenced by detaching it from the tractor, leaving it at the station for a period, placing stairs next to it, and advertising it as a donation collection station, thereby transforming it from its ordinary use as a transportation vehicle. The court concluded this adaptation was for St. Vincent's business of collecting and redistributing donated goods, a conclusion supported by the fact that St. Vincent locks the trailer nightly, implying ownership and protection of the goods. The court explicitly stated that the statute does not require the adaptation of a vehicle to be permanent to qualify as a "building" for burglary purposes.
Analysis:
This case significantly clarifies and broadens the interpretation of "building" within Oregon's burglary statute, particularly as it applies to vehicles. By holding that even a temporary adaptation of a vehicle for a charitable business purpose suffices, the ruling provides a more expansive scope for prosecuting burglary charges involving non-traditional structures. This precedent enables law enforcement and prosecutors to pursue convictions for unlawful entries into modified vehicles, such as mobile businesses or collection points, that might not otherwise fit a narrow, traditional definition of a building. It reinforces the principle that the legislature's intent was to protect property within any structure configured for specific operational use.
