Opening a Garage Door With a Stolen Garage Door Opener is Only Attempted Burglary, Not a Completed Burglary
Our office has received several calls over the years about a romantic relationship that ended, but one party retains possession of a remote control garage door opener to the garage of the other person. The caller asks us what we can do or what they should do to prevent the other party from burglarizing their home, where they are no longer welcome.
The burglary feared may be motivated by spite, jealousy or just monetary necessity. The caller may also be keeping the ex’s property and wants to prevent the ex from recovering it.
The following case addresses this issue, although with slightly different facts.
On the evening of July 24, 2010, in Sacramento County, Timothy Loop was at home when he heard the garage door of his home opening. He had not authorized anyone to enter his garage and so hearing the door opening was quite a surprise.
Loop got out of bed and ran to his garage, where he saw Christopher Magness standing at the end of his driveway. Magness dropped the remote control and ran away. Loop chased Magness on a bike and saw him enter a house. Police were then called and Magness was arrested.
Evidence was later discovered that Magness had taken the remote control from Loop’s car parked in the driveway.
Magness was then then charged with attempted first degree burglary of an inhabited dwelling (Penal Code
