nOmesorah -“It would not apply if someone would be breaking and entering without any intention of theft. For example, someone breaking into a public building to get shelter from a storm”
So you’re actually agreeing with me!
You look at the Perp’s intentions.
Just like in HaBoh B’Machteres we consider his intentions, so also in Floyd’s case we look at his intentions.
He wanted to drive home or wherever. Just taking him out of the driver’s seat & NOT arresting him, wouldn’t Stop his intention of DRIVING!