Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
historical practice
A historical practice of filing a paper with a court of law.
2
rectangular container
A rectangular receptacle for holding or storing items. In burglary law the breaking element requires entry into the structure or a separately secured portion of it such as a locked closet or wall safe.
Each sense below has its own examples, sources, and questions.
Sense 1
1
historical practice
A historical practice of filing a paper with a court of law.
Sources & Authorities· 1 source
Select any source to read its text and confirm it supports the definition.
Dictionaries
Sense 2
2
rectangular container
A rectangular receptacle for holding or storing items. In burglary law the breaking element requires entry into the structure or a separately secured portion of it such as a locked closet or wall safe.
Examples6
Burglary Breaking Element
Brandon Black entered a home through an open window at night intending to steal valuables. He forced open a locked trunk inside the bedroom and removed jewelry from it. Because the trunk was merely a container within the dwelling the forced entry into the trunk did not satisfy the breaking element of burglary.
Attorney Evidence Handling
Byron Bishop an attorney retrieved stolen cash and a firearm from his client's apartment after the client confessed. He placed the items in a new safe deposit box and refused to disclose their location to investigators. The privilege did not protect the physical evidence and Bishop faced potential criminal liability for concealment.
Bianca Baker discovered that police had opened boxes and drawers in her bedroom while executing a warrant for unrelated records. She sued claiming the search violated her right to privacy in personal papers. The court examined whether the intrusion into the boxes constituted an unreasonable invasion of the home's privacies.
Griswold v. Connecticut381 U.S. 479 (1965)
Regulatory Taking Dispute
Benjamin Brooks challenged a coastal regulation that required installation of a junction box on his beachfront property. He argued the mandated placement effected a permanent physical occupation. The court assessed whether the box installation triggered a categorical taking analysis.
Lucas v. South Carolina Coastal Council505 U.S. 1003 (1992)
Product Warranty Action
Bei Bai purchased a box of cleaning powder from Benson Motors that exploded and caused injury. She sued the manufacturer claiming breach of implied warranty. The court considered whether the boxed product placed in the stream of commerce carried an implied warranty running to the ultimate consumer.
Bianca Blanco argued that police tactics opened a Pandora's box of constitutional concerns when they obtained her statement without warnings. She moved to suppress the confession. The court evaluated whether the interrogation methods violated the Fifth Amendment protections against compelled self-incrimination.
Miranda v. Arizona384 U.S. 436 (1966)
Frequently Asked2
Does breaking into a box inside a home satisfy the breaking element of burglary?+
No. The breaking must result in entry into the structure itself or a separately secured portion such as a locked closet or wall safe. Breaking into a box trunk or similar container located within the dwelling does not satisfy the element.
Is physical evidence placed in a safe deposit box by counsel protected by attorney-client privilege?+
No. The privilege protects communications not physical fruits or instrumentalities of crime. An attorney who removes and conceals such evidence in a safe deposit box without lawful justification may face criminal liability or sanctions.
384 U.S. 436 (1966)Evidence
…prior to the uttering of any admission or confession, and that he intelligently waived these guarantees . . . a whole Pandora's box is opened as to under what circumstances . . . can a defendant intelligently waive these rights. . . . Allegations that modern criminal investigation can compensate for the lack of a…