Quote:
Originally Posted by ilbegone
So, a crowbar with the intent to illegally enter is a burglar's tool, while possession a sledgehammer with the same intent is not.?
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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.
01-29-2010, 09:03 PM
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