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  #1  
Old 01-29-2010, 07:40 PM
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Ayatollahgondola Ayatollahgondola is offline
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Quote:
Originally Posted by ilbegone View Post
I was skimming above and saw someone with, among others, a charge of possessing "Burglar's tools". What exactly are "burglar's tools"?

I was once watching one of those "Cops" shows, and they found a Klein plastic handled skinning knife in the back seat of the arrestee's car, about as worthless of a tool as there is for keeping an edge, but a tool specificly made for removing insulation from a conductor.

The cop turned it over in his hand and said something like "gosh, I don't know what it is, but it's a vicious weapon meant to hurt someone".

So, we have the officer's probable view that, particularly if he can't explain it, everything is a weapon.

Burglar's tools.

You can use a mattock for digging up roots, or break open a door. Maybe smash someone's skull while they're at it - a multi tasking device. Garden tool, burglar's tool, or weapon?

How about a backhoe? One can excavate and backfill as well as tear an ATM out of the wall at the bank.

Glass cutting tools can be used for all sorts of creative projects, as well as a sawzall. And so on.

So what exactly are "burglar's tools?"
Quote:
Originally Posted by Jeanfromfillmore View Post
Maybe a flashlight. That's what they all use in the movies.
Sorry, but I missed your question earlier. Just about every state in the union has a burglars' tools law:
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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  #2  
Old 01-29-2010, 08:45 PM
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ilbegone ilbegone is offline
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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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Old 01-29-2010, 09:03 PM
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Quote:
Originally Posted by ilbegone View Post
So, a crowbar with the intent to illegally enter is a burglar's tool, while possession a sledgehammer with the same intent is not.?
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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Old 01-29-2010, 09:25 PM
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ilbegone ilbegone is offline
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Talking

"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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  #5  
Old 01-29-2010, 09:54 PM
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Commander Bunny Commander Bunny is offline
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I've heard of quite a few arrests for possesion of battery powered Sawzalls, and Mechanics creepers in the Bay Area in the past year, or so.

It seems that when You get a few SUV's, and taller vehicles all lined-up in a supermarket parking lot, it's reletively easy to get on the creeper, and cut off all of the catalytic converters one car, after another, and those things have enough precious metals (gold/paladium/platinum) in them to make it proffitable for a Thief.

I've seen used catalytic converters on eBay fetch over a $100-$150...used, just for reclaimation of the metals.
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Old 02-01-2010, 08:59 AM
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Ayatollahgondola Ayatollahgondola is offline
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And February's beginnings.......


Quote:
Sacramento County Inmate Information System
Inmate Name RODAS-VILLATA, EDGAR O
Aliases RODAS, EDGAR HORLANDO
VILLALTA, EDGAR ORLANDO
RODAS, EDGAR H
HORLANDO, EDGAR

X-Reference Number X-4296016
Booking/Registry Number 09461084
Date of Birth 10/10/74
Sex Male
Height 5'07"
Weight 160 lbs.
Visits used this week 0 visits used this week. Main Jail Visitation Information
Facility Sacramento County Main Jail (Facility Information)
Housing Location Booking In Progress, Check Back Later
Mailing Address Booking In Progress, Check Back Later
Booking Date/Time 01/31/10 at 09:41 PM
Arresting Agency RANCHO CORDOVA POLICE DEPARTMENT
Type of Arrest Pickup (Fresh Arrest)
Charges/Bail Case# Pending/NA(01) - Pickup (Fresh Arrest)
VC 23152(A) Misdemeanor
DRIVING UNDER INFLUENCE OF ALC AND/OR DRUGS
VC 23152(B) Misdemeanor
DRIVING WITH B.A. OF 0.08 PERCENT OR MORE
VC 12500 Misdemeanor
UNLICENSED DRIVER
Bail: $1,482.00

Case# Pending/NA(02) - U.S. Border Patrol Hold
INS HOLD
(NO DESCRIPTION AVAILABLE)
Bail: No Bail

Total Bail Ineligible for Bail
Outstanding Warrants Unknown
Projected Release Date None
Next Court Date 02/02/10 at 01:30 PM
Court Location & Dept. Department 3 (Courthouse Information)
Quote:
Sacramento County Inmate Information System
Inmate Name ZEPEDA, JOSE CALVILLO
Aliases CALVILLO, JOSE
CALVILLO, JOSE ZEPEDA
CALUILLO, JOSE
ZEPEDACALVILLO, JOSE

X-Reference Number X-4539842
Booking/Registry Number 09461103
Date of Birth 07/22/58
Sex Male
Height 5'06"
Weight 160 lbs.
Visits used this week 0 visits used this week. Main Jail Visitation Information
Facility Sacramento County Main Jail (Facility Information)
Housing Location Booking In Progress, Check Back Later
Mailing Address Booking In Progress, Check Back Later
Booking Date/Time 02/01/10 at 12:10 AM
Arresting Agency TWIN RIVERS PD 1333 GRAND AVE SACTO 95838
Type of Arrest Pickup (Fresh Arrest)
Charges/Bail Case# Pending/NA(01) - Pickup (Fresh Arrest)
VC 23152(A) Misdemeanor
DRIVING UNDER INFLUENCE OF ALC AND/OR DRUGS
VC 23152(B) Misdemeanor
DRIVING WITH B.A. OF 0.08 PERCENT OR MORE
Bail: $1,482.00

Case# Pending/NA(02) - U.S. Border Patrol Hold
BP HOLD
(NO DESCRIPTION AVAILABLE)
Bail: No Bail

Total Bail Ineligible for Bail
Outstanding Warrants Unknown
Projected Release Date None
Next Court Date 02/02/10 at 01:30 PM
Court Location & Dept. Department 3 (Courthouse Information)
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  #7  
Old 02-02-2010, 05:07 AM
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Ayatollahgondola Ayatollahgondola is offline
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And this morning's speaker will be:

Quote:
Sacramento County Inmate Information System
Inmate Name GALVEZ, ROBERTO PAREDES
Aliases
X-Reference Number X-4606111
Booking/Registry Number 09461409
Date of Birth 07/09/81
Sex Male
Height 5'07"
Weight 140 lbs.
Visits used this week 0 visits used this week. Main Jail Visitation Information
Facility Sacramento County Main Jail (Facility Information)
Housing Location Booking In Progress, Check Back Later
Mailing Address Booking In Progress, Check Back Later
Booking Date/Time 02/01/10 at 10:30 PM
Arresting Agency RANCHO CORDOVA POLICE DEPARTMENT
Type of Arrest Pickup (Fresh Arrest)
Charges/Bail Case# Pending/NA(01) - Pickup (Fresh Arrest)
VC 23153(A) Felony
DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS WITH INJURY
VC 23153(B) Felony
UNLAWFUL TO DRIVE UNDER THE INFL. OR AT .08/CAUSE DEATH/INJ.
Bail: $50,000.00

Case# Pending/NA(02) - U.S. Border Patrol Hold
INSHOLD
(NO DESCRIPTION AVAILABLE)
Bail: No Bail

Total Bail Ineligible for Bail
Outstanding Warrants Unknown
Projected Release Date None
Next Court Date 02/03/10 at 01:30 PM
Court Location & Dept. Department 61 (Courthouse Information)
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