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Pizza Delivery Driver Attempted an Unauthorized Entry into my Gate - FL (self.legaladvice)

rm2297 が 投稿

Hello everyone,

I had a Pizza Delivery Driver attempt to get into my gate this morning when he thought we were all out. Here is some background info. I have a home with quite a bit of land. You essentially have to go through a long driveway (about 2000 feet) to reach my house. I have a gate at the front of the property. Through various technology mechanisms, someone can press a call button and reach us. We can then open the gate as necessary and also see who it is through a doorbell camera that functions as our gate camera. We also utilize one time pass codes. That way someone doesn't have to wait for us. We usually use it for home deliveries for people. They put in the PIN and the gate opens. After that PIN is used, you can no longer use it. I usually program about 10 random temporary PIN codes and then cross them off as they are used. The temporary PIN sounded like a great idea. But what I will tell you next might change my mind.

Last night we had a pizza delivery driver deliver our food with no issue. This morning, I got a motion alert from the video doorbell device. I connected in and immediately realized it was the pizza delivery driver from last night. I saw his fingers pressing around where the keypad was at. I immediately started the call through my app and said "Umm, is there a reason why you are trying to get into my Gate. We didn't order any Pizza today." He (and I think some of his friends) then threw an obscenity and bailed out.

I then called the city police. They came out and took my statements. I showed them footage from the video doorbell units and also a camera once you past through the gate (to get the license plate number) They were very polite and I asked them what will happen to this driver. They said that they will get in touch with the delivery company and the delivery driver, but they also suggested that nothing will happen to the pizza delivery driver (aside from him possibly being fired.)

This leads me to my legal question. Is it true that he technically did nothing wrong since he didn't pass the gate? To me this sounds like "breaking, but not entering".

And I want to get this out of the way. I am in no means trolling. Some people may ask how or why I got pizza on Christmas Day. My family and I went to relatives and had a Christmas Day lunch. We were hungry towards the end of the day and a local pizza shop was open. I'm also happy to send a picture of the mods from my gate camera and my reddit ID to signify that I have the setup. Mods can PM me if they want that. I will not send the attempted entry footage since it is technically an ongoing investigation and not sure of the driver's legal age.

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[–]Cypher_BlueQuality Contributor 127 ポイント128 ポイント  (8子コメント)

It is (generally speaking) a crime to attempt to commit a crime. So technically he may have attempted to trespass.

But the police are under no obligation to spend time and resources investigating and prosecuting this case if they feel it's too minor. If they choose not to pursue it then all you can do is complain to the store or try to file a civil lawsuit of some kind (which will be difficult since you have no damages).

[–]tsaoutofourpants 11 ポイント12 ポイント  (7子コメント)

It is (generally speaking) not a crime to attempt a minor crime, in many states. Unless you can prove that he had intent to steal (making it attempted burglary) or commit other felonious conduct, he probably hasn't committed a crime.

[–]Cypher_BlueQuality Contributor 17 ポイント18 ポイント  (6子コメント)

It is (generally speaking) not a crime to attempt a misdemeanor, in many states.

Source?

Because it is in Ohio. And Oregon. And California. And Georgia.

Those were the first four I checked- I stopped looking after that.

[–]tsaoutofourpants 10 ポイント11 ポイント  (5子コメント)

Reviewing FL law, FL is not one of them, and so attempt to trespass would be a (very, very minor) misdemeanor.

In NY, for example, there would be no crime. NY Penal Law § 140.05 defines simple trespassing as a violation, and NY Penal Law Article 110 (attempt crimes) provides no punishment for attempting a violation.

[–]OH_Krill 16 ポイント17 ポイント  (0子コメント)

Florida lawyer here. Florida has first- and second-degree misdemeanors.

An attempt to commit either is a second-degree misdemeanor.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0777/Sections/0777.04.html

Trespass is a misdemeanor, so as you indicated, an attempted trespass would be among the most minor of crimes, however could still be punished by up to 60 days in jail.

[–]Tufflaw 1 ポイント2 ポイント  (0子コメント)

In New York it would be Criminal Trespass in the Third Degree :

S 140.10 Criminal trespass in the third degree. A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property (a) which is fenced or otherwise enclosed in a manner designed to exclude intruders

This is a class B misdemeanor. Per Penal Law section 110.05(8), an attempt would remain a B misdemeanor.

[–]justarandomcommenter 0 ポイント1 ポイント  (2子コメント)

This explains a lot about the number of lawsuits per capita, and attempted robberies, in NYC.

Thanks for posting those sources, that's very helpful.

[–]tsaoutofourpants -1 ポイント0 ポイント  (1子コメント)

This explains a lot about the number of lawsuits per capita, and attempted robberies, in NYC.

What? No it doesn't. Attempted robbery is a felony in NY. It's only trespass (something that's considered "less than a misdemeanor" in New York) when attempted without success that is not a crime. And, having "burglary tools" is a separate crime, as is trespassing (or attempt thereof) coupled with intent to commit any other crime.

If you'd like a reason for all the robberies, blame a mismanaged police force that is handicapped by police unions entirely uninterested in public safety, plus NYC's unwillingness to allow its citizens their Second Amendment rights.

[–]justarandomcommenter 0 ポイント1 ポイント  (0子コメント)

Huh, I think I completely misunderstood the previous response. Thanks for clarifying!

[–]Swedishpunsch 57 ポイント58 ポイント  (0子コメント)

If the police in your area have enough manpower they will probably check a list of recent burglaries with a list of pizza shop clients. The results might be very interesting.

[–]peepwizard 64 ポイント65 ポイント  (6子コメント)

Call the store. He will be fired.

[–]BUBBLYSTRING 31 ポイント32 ポイント  (0子コメント)

This leads me to my legal question. Is it true that he technically did nothing wrong since he didn't pass the gate?

OP, I wouldn't say he did nothing wrong. Not according to this source: http://www.dummies.com/education/law/law-for-dummies-2nd-edition. However, the police can choose not to pursue the matter beyond a certain point, and I suspect that is what will happen here.

[–]Cypher_BlueQuality Contributor 19 ポイント20 ポイント  (0子コメント)

That seems to be a pretty certain statement on your part, with no supporting evidence.

The guy COULD be fired, but might not.

[–]BiondinaQuality Contributor 12 ポイント13 ポイント  (3子コメント)

I'm not dead sure you can definitively take that position. We don't know the employer's policies, nor the specifics of the driver's job, and whether this is an offense that would lead to termination.

[–]idk2013 23 ポイント24 ポイント  (2子コメント)

Trying to get back on to OPs property well after the delivery might not be against policy, but what company wants that kinda idiot working for them.

[–]BUBBLYSTRING 23 ポイント24 ポイント  (1子コメント)

The kind owned by the idiot's parents, for one.

[–]idk2013 9 ポイント10 ポイント  (0子コメント)

If that's the case and we can probably only leave them a terrible review online, which can be devastating for a small business. People are going to take note of scumbag delivery boy trying to break into a customer's house