Unlawfully Entering a Property

Sahar Adatia.

It’s a weird and twisted world out there.

No more are we reminded of this fact than with the news of a landlord in the United States who was recently arrested after he unlawfully entered a property and then went on to seemingly sniff the underwear of the female tenant and her daughter once in their home.

According to reports from NBC Connecticut, 38-year-old Jorge Orellana-Arias had allegedly entered the East Haven, Connecticut apartment on a number of occasions while the home was unoccupied.

Indeed, the landlord was not supposed to be in the property at all, but had done so to rummage through the women’s underwear drawers on a few occasions.

In fact, at one point, the man allegedly entered the home knowing only the tenant’s daughter was there.

According to the tenant of the house, after working out Mr Orellana-Arias had been helping himself inside the property without permission, she decided to install hidden cameras in an attempt to catch him in the act.

This led to her eventually being able to film the landlord entering the property through a side door, before snooping his way to the bedroom.

Once there, he managed to locate the inhabitant’s underwear and placed it against his nose, seeming to sniff the garments.

Unbeknownst to the man, he was being filmed the entire time.

Mother Tells Police Was Forced to Barricade Her Front Doors in Desperate Attempt to Keep Intruder Out

According to a statement from the police, “the camera caught Orellana-Arias entering the apartment through a side door, before proceeding to both bedrooms where he would locate female underwear.

“The video, which was provided to officers shows Orellana-Arias bringing female garments to his nose, apparently in an effort to sniff them.”

It is understood the female tenant reported to police the incident in which the landlord entered the property while her daughter was home alone, saying that Mr Orellana-Arias “appeared to be startled when he saw the daughter and exited the apartment immediately”.

The mother also informed police that the landlord had first sensed something wasn’t quite right earlier in the year in May, at which point she began “barricading adjoining doors” in an endeavour to stump the intruder.

Nevertheless, Mr Orellana-Arias bypassed them and simply started to enter the premises via the side door instead of coming through the front entrance.

The tenant eventually presented the footage to officers of the East Haven Police Department Investigative Services Division.

After reviewing the material, they applied and successfully obtained a warrant for Mr Orellana-Arias’ arrest.

The man was brought into custody on Friday 23 July 2021 and was charged with unlawfully entering the property.

Mr Orellana-Arias has since been released on a $25,000 bail bond, while it is not yet determined whether he entered a guilty or not guilty plea when answering the charges.

The man is due to face court again 14 September.

Unlawfully Entering a Property

As most would conclude, it is against the law to enter a person’s property without permission and without a lawful reason.

A person can be charged with unlawful entry on inclosed lands if they have walked or somehow made their way inside a premise that is surrounded by a wall, fence or other construction that indicates the property has a boundary.

If you are in NSW, the law on unlawful entry on inclosed lands is outlined in section 4 of the Inclosed Lands Protection Act 1901.

Section 4 makes clear that any person who, without lawful excuse (proof of which lies on the person), enters into inclosed lands without the consent of the owner, occupier or person apparently in charge of those lands, or who remains on those lands after being requested by the owner, occupier or person apparently in charge of those lands to leave those lands, is guilty of an offence.

Where the property is a prescribed premises, the maximum penalty you can receive for an offence is a fine of $1,100.

In any other case, the maximum penalty is a fine of $550

It should be noted a “prescribed premises” means land occupied or used in connection with either a government school or a registered non-government school, a child care service, a hospital, a nursing home, and any building or structure erected on that land, but does not include all or part of any building or structure that is for the time being occupied or used for a purpose unconnected with the conduct of such a school, child care service, hospital or nursing home.

To be convicted of unlawful entry on inclosed lands, it must be proven by the prosecution beyond reasonable doubt that the accused:

• Entered land or remained on land without the consent of the owner, and
• The land was inclosed.

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