The Burglar

Let's say that you live on a ground level apartment in a large city.
It is a very hot day, so you decide to open up the window in your living area.
A burglar then climbs in through the window.
You call the police, and when they come an arrest them, they say, "But they left their window open. I just climbed in. If they didn't want me in here, they wouldn't have opened the window."
Do they have a point?