Is Entering a Store After Having Been "Trespassed" Chargeable as Felony Breaking or Entering?

In a session that I taught for magistrates, I learned that there is a practice in some districts of charging suspects with felony breaking or entering of a building when they enter a store after having been told not to return—commonly referred to as being “trespassed.” This may or may not be the appropriate charge, absent additional supporting facts. As a reminder, a person commits the offense of felony breaking or entering of a building under G.S. 14-54(a) if he or she: 1) breaks or 2) enters 3) without consent 4) any building 5) with the intent to commit any felony or larceny therein. Several issues may need to be considered in determining whether such a charge is appropriate. Evidence of intent. Does entering a store after having been trespassed suffice to establish probable cause that the person broke or entered the store with the intent to commit any felony or larceny therein? It seems not. The mere exclusion of the person previously does not necessarily show an intent to commit a felony or larceny. Further, the reason for being trespassed may have been unrelated to any felony or larceny. For example, the person may have been banned from the store for loitering. (“Why wouldn’t a person determined to loiter go to another store from which he isn’t banned?” you might wonder. I remember asking some of my clients who were “serial trespassers” this question when I was a public defender, and the answer usually reflected that the store in question [...]