Miami Beach police say that a 19-year-old man walked into the parking garage at the Fontainebleau Hotel, 4441 Collins Ave. at 3:30 a.m. Sunday. He allegedly found several unlocked cars and allegedly stole items. The man then found the car keys under the driver’s seat of a white, Infinity G35.
That’s when police say he nestled in the backseat and “passed out.” Police say surveillance cameras inside the hotel’s garage may have captured the crimes.
When the car’s owner returned, he jumped into his car, drove off and only blocks later realized a man was passed out in his back seat.
Police arrested the accused on five counts of burglary of an unoccupied conveyance. A bond court judge allowed him to be released as long as he meets conditions of Pretrial Services (non-monetary bond).
If the police recovered property on the accused that came from other cars, they may be able to charge with him burglary for those cars. For the car that he fell asleep in, he may only face a charge of trespassing as there is no evidence that he intended to commit a crime inside of the car. He only fell asleep.
Remember - the difference between trespassing and burglary is the intent. If you intend to commit a crime inside of a conveyance, dwelling, or structure - such as a theft - you can be charged with burglary. If there is no evidence that you intended to do anything more than enter the conveyance, dwelling, or structure, then you can only be charged with the misdemeanor offense of trespassing.
Eric Matheny is a criminal defense attorney serving Miami-Dade and Broward. Call today to discuss your case.