[Confusion]

If your test to see if you can pick a lock is actually trying to pick the lock, then the test can of course be indistinguishable from attempted burglary. If you were caught in the act, any defense will be suspicious. However, if you confessed of your own free will, there is usually no reason to suspect criminal intent.

[Dylan16807]

If you're caught in the act, sure. But they called him about it well after the actual actions. That's solid evidence then that he left after entering and logically did not use the entering to commit a crime.