Burglary or Theft? Major Florida Court Walks Fine Line On Vehicle Break-Ins

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

Tallahassee and North Florida’s highest court rules that taking property from the bed of a pickup truck is felony burglary of a conveyance. 

In Florida, burglary of a conveyance is a very serious felony offense under Fla. Stat. 810.02. It involves entering a conveyance to commit a separate crime while inside, such as theft (or any other crime other than trespass or burglary under Florida law). 

For someone to be proven guilty of burglary of a conveyance, the State must establish that all of the following occurred beyond a reasonable doubt:

• The defendant entered a conveyance
• The defendant was not invited, licensed, or otherwise authorized to enter by the owner or possessor
• The place entered was a conveyance under Florida law
• The defendant had the intent to commit a separate criminal offense at the time of their entry, regardless of whether this was actually completed

A conveyance includes any motor vehicle (such as a car, truck or motorcycle), a ship or vessel, railroad vehicle or railroad car (e.g. trains), trailers, aircraft, and sleeping cars. Greger v. State, 458 So. 2d 858 (Fla. 3d. DCA 1984)

Burglary of a conveyance is a third-degree felony (up to 5 years in prison and a $5,000 fine) if it is unoccupied (nobody inside). If someone is inside the conveyance, the crime is a second-degree felony (up to 15 years in prison and a $10,000 fine). For more on burglary of a conveyance under Florida law, click here.

In burglary cases, including burglary of a conveyance cases, one of the most frequently disputed issues is whether someone “entered.” In the context of burglary of a conveyance, this commonly is believed to mean that someone must physically go into a conveyance (e.g. car, truck, train) with the intent to commit another crime (such as theft).

However, Florida law is more nuanced on this issue. Someone is not actually required to fully enter a dwelling, structure or conveyance. A limb or even an object someone is holding “crossing the plane” of entry is burglary if all the remaining elements of the crime are proven. State v. Hankins, 376 So.2d 285 (Fla. 5th DCA 1979)

One of the most intriguing issues that has arisen under Florida law surrounding burglary of a conveyance is the question of whether taking something from the bed of a pickup truck (which is a conveyance under Florida law) is burglary or theft. 

Though still serious, theft charges are often misdemeanors, especially if the value of the allegedly stolen or misappropriated property is relatively low (e.g. under $750). By contrast, burglary is always a felony. 

So, is taking something from the open bed of a pickup truck (or the open trunk of a car) burglary or theft? Does this count as “entry,” even if someone never truly “went inside” the conveyance? Let’s break it down by analyzing a key case from Tallahassee and North Florida’s highest court: Braswell v. State, 671 So. 2d 228 (Fla. 1st DCA 1996).

Major Case: Braswell v. State, 671 So. 2d 228 (Fla. 1st DCA 1996)

In Braswell, the defendant (Braswell) was accused of swiping “personal property” (a cooler) from the open bed of a pickup truck without permission or authorization. As a result, Braswell was charged with felony burglary of a conveyance and was convicted at trial.

On appeal to Florida’s 1st DCA, Braswell argued he may have committed theft of the cooler, but did not commit burglary of a conveyance as a matter of law. Braswell cited part of the burglary of a conveyance statute (“unless the premises are at the time open to the public”) to argue he did not enter the pickup truck because the truck bed was open at the time the cooler was taken.

Florida’s 1st District Court of Appeal disagreed with Braswell, holding that reaching into an open truck bed (and by extension, an open trunk) constitutes burglary of a conveyance. Though no court had dealt with the issue in Florida before, the 1st DCA observed that most courts in other states had reached the same result:

“It appears that courts in only six other jurisdictions have reported decisions on this issue. Of those, the courts in five have held that a defendant can be convicted of burglary of a conveyance by taking property from the open bed of a pickup truck. The statute in each of these jurisdictions requires, as does Florida’s, proof of entry into the vehicle with intent to commit a felony.”

The court found that even though no Florida case served as clear precedent, Braswell’s actions were more in line with those that had been considered burglary of a conveyance under state law than those found not to have been: 

“The owner of the truck testified that the cooler was strapped down, and he believed he had fastened it with bungee cords. A witness saw Braswell pop a bungee cord off the cooler while taking it, but another witness said it did not appear that the cooler had been secured.”

“Reaching into the back bed of a pickup truck to remove a secured cooler is, in our judgment, properly considered a partial entry into the vehicle by the defendant and is more analogous to removing a radiator or starter from an engine compartment than taking a hubcap from a tire’s exterior or siphoning gas from a gas tank, neither of which involves entry by any part of one’s body into a vehicle.”

In essence, the court ruled that because a body part of Braswell’s had taken property from part of the vehicle, this was considered “entry of a conveyance” for purposes of supporting the charge. 

The 1st DCA was the first Florida appellate court to find that reaching into an open truck bed to steal property was burglary – but it was not the last. In 2001, Florida’s 4th District Court of Appeal reached the same conclusion in Barton v. State, 797 So. 2d 1276 (Fla. 4th DCA 2001).

In Barton, the court called the borders of the bed of a pickup truck an “invisible plane” that is crossed when someone reaches in to steal an item. When that “invisible plane” is crossed with intent to commit theft of property, burglary of a conveyance has occurred, not simply theft. The 4th DCA wrote:

“[W]e hold there was competent substantial evidence to support that Barton committed a burglary of a conveyance. He did not just take an unsecured bike off an open bed; rather, he crossed and entered an invisible plane by reaching in over the top of the side rails of the bed of the truck, grabbing the bike, and then lifting it up out of the truck. These unique facts illustrate that Barton entered the vehicle with the intent to remove the bike inside.”

Given Barton and Braswell, reaching into even an open truck bed (or car trunk) constitutes burglary of a conveyance if done with the intent to commit theft. In certain cases, this allows the State to bring very heavy felony charges for what would otherwise be considered a misdemeanor.

In sum, burglary of a conveyance occurs when someone enters a conveyance with the intent to commit a separate offense inside. Often, this “separate offense” is theft. But someone does not have to complete the theft (or other separate offense) to be guilty of burglary of a conveyance.

As Barton and Braswell show, “entry” for purposes of charging burglary of a conveyance has a far broader definition than originally believed. Even if only part of someone’s body enters an open bed of a pickup truck (e.g. their arm) with the intent of depriving another of their property (or committing another crime), this is considered felony burglary of a conveyance.

Being charged with burglary of a conveyance is very serious. A conviction could result in lengthy prison sentences and hefty fines. It is vital for someone facing these charges to find experienced and aggressive legal representation as soon as possible.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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