Q: What are the ways to commit a violation of domicile?
A:
1. Method one: Trespassing into any property against the owner’s explicit or implicit objection.
2. Method two: Searching personal items within the property without prior permission from the owner.
3. Method three: Failing to exit the property after secretive entry and being asked to leave.
Q: What are the key elements of the violation of domicile?
A:
1. The perpetrator is a public officer or employee.
2. There is no judicial order authorizing the offender to enter the property or conduct a search.
Q: How is a violation of domicile crime executed?
A: A public officer with the authority to implement search or arrest warrants, who is not currently in possession of a warrant, commits this crime.
Q: What crime could a public officer who is unauthorized to enforce search and arrest warrants be charged with?
A: The officer could be held accountable for the crime of aggravated trespass to dwelling.
Q: What crime is committed when a private individual performs acts punishable under Article 128?
A: This would be considered trespass to dwelling.
Q: Is Article 128 applicable if a public officer conducts a search on an individual outside of their dwelling without a search warrant or an arrest warrant?
A: No, because Article 128 specifies that the searched items must be found within the dwelling. The crime committed in this case would be serious coercion, if violence or intimidation are involved, or unjust vexation, if there’s no violence or intimidation.
Q: Does Article 128 apply if the premises’ occupant is not the actual owner?
A: Yes, if the occupant lawfully inhabits the premises as their residence, even if they don’t own the property, Article 128 still applies.
Q: What circumstances qualify under Article 128?
A:
1. If the act is committed during the night.
2. If any searched items that are not criminal evidence aren’t returned immediately after the search by the offender.
Q: What is meant by ‘against the will of the owner’?
A: This implies resistance or prohibition from the owner, either explicitly or implicitly, not just the lack of permission. If an intruder enters through an entrance not meant for that purpose, they would be liable under the first method as it signifies entry despite the inhabitant’s implicit objection.
