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Crime and Punishment Crimes affecting our state and communities. Manhunts, wanted posters, Arrests, and sentences. |
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Notice that some have no other charges than federal?
Full house today as you can see: Quote:
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Same day; More illegals
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AB 2015 (Corbett) Page 2 PURPOSE The purpose of this bill is to add ceramic spark plug chips of pieces to the list of items that may be defined as burglary tools when possessed with the intent to commit burglary. Existing law makes the possession of a picklock, crow, keybit, crowbar, screwdriver, vise-grip plier, water-pump plier, slidehammer, slim jim, tension bar, lock pick gun, tubular lock pick, floor-safe door puller, master keys, or other instrument or tool with the intent to break into any building, railroad car, vessel, or vehicle a misdemeanor punishable by up to six months in county jail, or a fine not to exceed $1,000, or both. (Pen. Code 466.) Existing law makes the possession of a key, tool, instrument, explosive, or device, or a drawing, print, or mold of a key, tool, instrument, explosive, or device designed to open, break into, or damage a coin-operated machine with the intent to commit theft from such machine punishable by up to one year in county jail, or by a fine of not more than $1,000, or by both. (Pen. Code 466.3.) Existing law provides that every person who, with the intent to use it in the commission of an unlawful act, possesses a motor vehicle master key, or a motor vehicle wheel lock master key, is guilty of a misdemeanor. (Pen. Code 466.5, subd. (a).) Existing law provides that every person who, with the intent to use it in the commission of an unlawful act, possesses a motor vehicle key with knowledge that the key was made without the consent of either the registered or legal owner is guilty of a misdemeanor. (Pen. Code 466.7.) Existing law provides that every person who enters any house, room, apartment, shop, store, warehouse, or other building, vessel, aircraft, railroad car, trailer coach, camper, or vehicle with the intent to commit theft or any felony is guilty of burglary. (Pen. Code 459.) Last edited by Ayatollahgondola; 01-29-2010 at 07:44 PM. |
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So, a crowbar with the intent to illegally enter is a burglar's tool, while possession a sledgehammer with the same intent is not.
However, I have to go back a few years to when an officer asked me three times, getting louder with repetition, if I had any weapons on my person. I had replied no to the first two queries, but realized what he was getting at on the third. I informed him I had a tool in my right front pocket called a knife. I had no intent on using the knife on the officer. So, why was it automatically a weapon?
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Freibier gab's gestern Hay burros en el maiz RAP IS TO MUSIC WHAT ETCH-A-SKETCH IS TO ART Don't drink and post. "A nickel will get you on the subway, but garlic will get you a seat." - Old New York Yiddish Saying "You can observe a lot just by watching." Yogi Berra Old journeyman commenting on young apprentices - "Think about it, these are their old days" SOMETIMES IT JUST DOESN'T MAKE SENSE. Never, ever, wear a bright colored shirt to a stand up comedy show. |
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It's a good question. The prosecutor is the best source of answers of course, so I'll ask. Some tools are synoymous to burglary unless you are in the associated industry. Lock picking tools for instance. Nitro-Glycerine and extremely hardened drill bits, or grappling hooks and rope. It all revolves around intent, and the cops are just setting the stage for the prosecutor. Possession of the tools charges are most likey to make sure the evidence is introduced in case the defense tries to limit the scope to the burglary charge alone. "didn't see him breaking in your honor, but he was tresspassing on a storage yard lot in the middle of the night with a crowbar, drill, and two flashlights. Maybe without the possession charge the defense can exclude the tools as inadmissable because everyone has those.
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#7
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"or grappling hooks and rope."
I'm reminded of the old Robin Williams file The Fisher King I have a Slim Jim in one of my trucks, but that's only because maybe six years ago there was a rash of keys being locked in the cab of company trucks, one of which was my doing, few from one coast to the other seem to have the notion that maybe there should be an extra set of keys cut for the fleet. There was more than one door which was tweeked by someone trying to get in the truck and out of the yard before the GF wanted to know why the hell the crew was still there milling around the truck. I think the definition is just for enhancement of charges. The local DA's office overcharges on everything, and will only grudgingly drop charges if there is absolutely no case at all and only after the defendant insists on a jury trial rather than copping a plea for something he didn't do, even trading some sort of a personal inconvenience on the defendant in return for dropping charges on a meritless case - otherwise the accused has to shell out the extra money for an attorney to prep for a trial which has no other purpose than to punish the defendant monetarily and by wasting personal time on something the DA is going to lose anyway. Petty indeed. Twelve documented AA meetings verses shelling out another $4K for the attorney for a trial jury. As well as wasting the taxpayers money.
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Freibier gab's gestern Hay burros en el maiz RAP IS TO MUSIC WHAT ETCH-A-SKETCH IS TO ART Don't drink and post. "A nickel will get you on the subway, but garlic will get you a seat." - Old New York Yiddish Saying "You can observe a lot just by watching." Yogi Berra Old journeyman commenting on young apprentices - "Think about it, these are their old days" SOMETIMES IT JUST DOESN'T MAKE SENSE. Never, ever, wear a bright colored shirt to a stand up comedy show. Last edited by ilbegone; 01-29-2010 at 09:30 PM. |
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