In a number of states, someone could face a criminal charge if they have tools that could be used for a burglary on them. These tools could be a screwdriver and hammer, or they could be a crowbar or a case of lock picks. They are items that can be used to break and enter into a structure or a vault, for example. To possess these tools is often a crime of its own in certain states, if that person is deemed to possess them with the intent to trespass, burglarize, or steal.
In some states, these burglar's tools are called out by name. For example, in California, it is specifically laid out in the law that it is a crime to possess "ninja rocks", the term for a piece of a spark plug. In other states, it would still be illegal to possess these ninja rocks, or other burglary tools, under a general law against possessing any tool that can be implemented to break and enter. On top of a charge of possession of burglary tools, such defendants could also be facing an additional charge, such as of attempted burglary.
This comes down to intent. If a locksmith has a set of lock picks on him, and with the owner's permission is attempting to unlock the door to a residence, then the possession of those potential burglary tools would not be a crime. But if someone is found with a bolt cutter on them, and it appears that they were going to be used on the padlock of someone's locker, then they could be charged with possession of burglary tools. But before delving more into intent, it is important to understand what can be classified as a burglary tool.
Some of these tools include crowbars, hammers, explosives, lock picks, bolt cutters, screwdrivers, master keys, ceramic spark plugs, ninja rocks, and tools such as torches that get through steel and concrete. There are even some states where masks or gloves could fall into this category. There are also some states where locksmiths and law enforcement are specifically allowed to have such tools.
Now if someone is arrested at night in a parking lot, wearing a mask and gloves, carrying a crowbar, then it might be clear to see why an officer would believe that suspect had the intent to commit burglary and theft. But what happens in cases where someone simply has a screwdriver or a hammer on them, something which has many valid uses for the average person? How could a prosecutor say that these tools were intended for a crime? It would take pointing to the circumstances, convincing the jury that because of the situation, the only explanation for having those tools was to commit a crime. This could mean someone found about to swing at a locked window, someone who has no other believable way to explain their behavior.
What are the penalties if convicted? Usually, this will be punished as a misdemeanor, though sometimes this charge will be treated as a felony. Penalties often are up to a year in jail/prison, plus fines. There are states, including Oregon, where a conviction of possessing burglar's tools will intensify the penalties of a burglary conviction.
For many people, this has brought up apprehensions about whether such laws are even constitutional, with many saying that these laws are too general, potentially making innocent conduct illegal. Most attempts at contesting laws that are already in place have failed, but last year, the West Virginia legislature decided against passing a law that would make it illegal to possess burglary tools, with one reason for this decision arising out of concerns of constitutionality.
If you are facing a charge of possession of burglary tools, then you need to quickly find a skilled criminal defense lawyer who can defend your name and freedom. Avoid a criminal record; discover the legal advocate you need today on our directory.
