The Most Common Police Mistakes in Ohio Breaking and Entering Arrests

A breaking and entering charge in Ohio can change your life overnight. Even if you never stole anything or caused damage, law enforcement may still treat the case as a serious felony. But police officers are not infallible. Errors in procedure, investigation, or evidence handling can mean the difference between a conviction and a dismissal. At Patrick M. Farrell Co. L.P.A., our Cleveland criminal defense lawyers have seen how these mistakes can lead to wrongful arrests and we know how to expose them in court to protect our clients across Cuyahoga County and Northeast Ohio.

What Is Breaking and Entering Under Ohio Law?

Under Ohio Revised Code § 2911.13, breaking and entering occurs when someone trespasses in an unoccupied structure, using force, stealth, or deception, with the intent to commit a theft offense or felony. Even entering an unlocked garage or vacant building can result in this fifth-degree felony charge, which carries up to 12 months in prison and fines of up to $2,500.

Because intent is a required element, these cases often rely heavily on police interpretation and investigative evidence. That’s why identifying police errors is so important in defending against the charge.

Police Mistake #1: Unlawful Search and Seizure

The Fourth Amendment protects you from illegal searches and seizures. In breaking and entering cases, police often gather evidence from homes, cars, or phones without proper warrants or probable cause.

For example, officers might:

• Enter a home or garage without a valid warrant
• Search a vehicle without consent or justification
• Seize tools, clothing, or digital devices unlawfully

If the search was unconstitutional, the evidence may be suppressed, meaning prosecutors cannot use it at trial. Our legal team frequently files motions to suppress when police exceed their authority.

Police Mistake #2: Assuming Intent Without Proof

Prosecutors must prove intent to commit a theft or felony beyond a reasonable doubt. Too often, officers jump to conclusions based on circumstantial factors like presence near a structure or possession of tools without establishing any plan to steal or commit another crime.

We challenge these assumptions by exposing gaps in logic, unreliable witness accounts, or misinterpreted behavior. For instance, entering an abandoned property out of curiosity or confusion does not automatically mean criminal intent.

Police Mistake #3: Mishandling or Contaminating Evidence

Breaking and entering cases often involve physical evidence such as fingerprints, shoe prints, or surveillance video. Mistakes can happen when officers fail to:

• Properly collect or store forensic evidence
• Maintain a clear chain of custody
• Preserve digital footage or bodycam recordings

Key takeaway: If evidence is mishandled or lost, its reliability can be challenged. At Patrick M. Farrell Co. L.P.A., we scrutinize every step of the evidence trail to identify weaknesses in the state’s case.

Police Mistake #4: Faulty Eyewitness Identification

Eyewitness accounts are often unreliable, especially in stressful or dark environments. Misidentifications happen frequently in breaking and entering cases, where the suspect may have been seen only briefly or from a distance.

Law enforcement mistakes that can lead to wrongful identification include:

• Suggestive photo lineups
• Failure to follow proper identification procedures
• Relying solely on one witness’s claim without corroborating evidence

Our attorneys cross-examine witnesses effectively and use expert testimony when needed to highlight inconsistencies.

Police Mistake #5: Failing to Read Miranda Rights

Once you are detained or arrested, police must inform you of your Miranda rights, including the right to remain silent and the right to an attorney. Statements made before these rights are read, or if they were ignored, can often be excluded from evidence.

Our firm has helped Cleveland and Cuyahoga County clients suppress incriminating statements obtained through coercion or violation of due process. If officers questioned you before reading your rights, we can take immediate legal action.

Police Mistake #6: Ignoring Possible Consent or Permission

Not every entry into a structure is unlawful. If you had permission or lawful reason to be on the property such as helping a friend, retrieving belongings, or performing a job, police may still charge you without investigating fully.

We often uncover text messages, surveillance footage, or witness testimony proving our clients were authorized to enter, dismantling the state’s central argument.

Police Mistake #7: Rushing to File Charges

In high-pressure situations, law enforcement sometimes files breaking and entering charges before gathering enough evidence. This can lead to overcharging, especially when a minor trespassing issue is exaggerated into a felony.

Our Cleveland criminal defense lawyers push back on premature or unsupported charges and negotiate with prosecutors to reduce or dismiss cases when evidence doesn’t meet the required standard.

The Criminal Process After a Breaking and Entering Arrest

If you are arrested in Cleveland, Lakewood, or Akron, your case will typically proceed through several stages:

1. Arraignment: You’ll appear in court (often at Cleveland Municipal Court or Cuyahoga County Common Pleas Court) to hear your charges and enter a plea.
2. Discovery: Both sides exchange evidence.
3. Pretrial Motions: We challenge unlawful searches, invalid warrants, or coerced statements.
4. Negotiation or Trial: We seek dismissal, reduced charges, or fight for acquittal before a jury.

Acting quickly matters. The sooner we begin investigating your case, the more likely we can identify police errors before they damage your defense.

How Patrick M. Farrell Co. L.P.A. Builds Strong Defenses

Our legal team takes a hands-on approach to every case, conducting our own investigations and scrutinizing every police report and bodycam video. When defending against breaking and entering charges, we focus on:

• Exposing constitutional violations
• Analyzing forensic and surveillance evidence
• Challenging witness credibility
• Negotiating diversion or probation for eligible first-time offenders

We represent clients in Cleveland, Parma, Elyria, Lorain, Medina, and across Northeast Ohio, providing aggressive and personalized defense in every case.

If you’re searching for a breaking and entering defense lawyer near me, our Cleveland-based attorneys are ready to step in immediately.

Protect Your Rights After a Breaking and Entering Arrest

A breaking and entering charge does not mean a conviction is inevitable. Police mistakes happen, and when they do, an experienced defense team can use them to your advantage. The attorneys at Patrick M. Farrell Co. L.P.A. know how to challenge flawed evidence, expose investigative errors, and safeguard your future in court. If you’ve been arrested in Cleveland, Lakewood, or anywhere in Northeast Ohio, don’t wait. Call Patrick M. Farrell Co. L.P.A. at (216) 661-5050 or request a free consultation now. Our team will analyze your case, identify police errors, and fight for the strongest possible outcome in your defense.

Text or Call: (216) 661-5050 • Contact: Submit a Request • Email: cindy@patfarrelllaw.com

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