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State v Mann
Author:- Sam Biers
Facts: Appellants were caught removing used clothing from a Salvation Army collection box in Tucson, AZ. The Appellants admitted removing the clothing, yet refute that the box was a structure and that the property was abandoned.
Issue: Does the box suffice the legal definition of a structure to support a finding of burglary in the third degree, and was the property abandoned?
Holding: The box fits the legal definition of a structure and the property was not abandoned it was donated to the Salvation Army and therefor in its possession.
Court Rationale: The Salvation Army picks up the donations from within the box every 36 hours, the box is separately secured and used for business and storage. The defendants admitted withdrawing the articles in order to sell them at a later date.