Caught Shoplifting With a "Tool" as Commercial Burglary

[reasonnotrules]

I've learned that my sister steals clothes from the department store. She brings a multi-function tool (which include pliers) with her to remove the security tags. If she gets caught with the stolen merchandise and the multi-function tool in her bag, would LP assume that she brought the tool with her to shoplift? Would she be consequently be charged with "commerical burglary," since possession of the tool may be evidence for "intent"?

[BlueCrystal]

Wow! I hope carrying a multi-tool isn't considered a shoplifting tool because I carry one in my purse, I'm a Les Stroud fan and he advises never to be anywhere without a multi-tool. For those that don't know who Les Stroud is he has a show called SurvivorMan and he teaches people how to survive all sorts of disasters.

[panther10758]

The answer is yes! If it can be proved by video, statements etc that this tool was used for that purpose then yes she can be charge as you desribed. In fact often DA will seek the more serious charge then possibly work on plea deal with defendant. By the way its not LP that puts charges on you its DA or PD!

[reasonnotrules]

Wow! I hope carrying a multi-tool isn't considered a shoplifting tool because I carry one in my purse, I'm a Les Stroud fan and he advises never to be anywhere without a multi-tool. For those that don't know who Les Stroud is he has a show called SurvivorMan and he teaches people how to survive all sorts of disasters.

Well, the tool my sister used is a fairly big one, not the little ones that fit on your keychain. It's about 5 inches long and two inches wide.

If you're not a shoplifter then you have no worries if you're caught with one, heh.

[souperdave]

In my yard, having (and/or using) something like that in your possession when I arrest ya makes it an instant felony, regardless of the dollar value of the purloined merch.

[reasonnotrules]

In my yard, having (and/or using) something like that in your possession when I arrest ya makes it an instant felony, regardless of the dollar value of the purloined merch.

Wow... may I ask why that is? I don't get the whole having "intent" to steal thing. It doesn't seem fair that when someone is caught stealing with a "tool", it's a felony, while someone who is caught stealing without any tool gets a misdemeanor. Either way, the person stole. How do you know the person without the tool did not go into the store intending to steal, and they simply did not need a tool? Also, what if the person caught stealing just happened to have a multi-task tool or a pocket knife, which many people carry, and it was not necessarily meant to assist them in shoplifting?

[panther10758]

Wow... may I ask why that is? I don't get the whole having "intent" to steal thing. It doesn't seem fair that when someone is caught stealing with a "tool", it's a felony, while someone who is caught stealing without any tool gets a misdemeanor. Either way, the person stole. How do you know the person without the tool did not go into the store intending to steal, and they simply did not need a tool? Also, what if the person caught stealing just happened to have a multi-task tool or a pocket knife, which many people carry, and it was not necessarily meant to assist them in shoplifting?

Fair now I am laughing! How "fair" was it to take merchandise from a store without paying for it!? How "fair" is it we have to pay higher prices becuase of thiefs!? Dont come here complainning about fair its fair!

[reasonnotrules]

Fair now I am laughing! How "fair" was it to take merchandise from a store without paying for it!? How "fair" is it we have to pay higher prices becuase of thiefs!? Dont come here complainning about fair its fair!

I'm not saying that it's not fair that the thieves are getting punished.

What I'm saying is that it seems unfair that there is a far greater penalty if you're caught shoplifting with a tool, as opposed to without.

A punishment can be unfair if it is more severe than warranted, or more severe than another offense that is very similar.

For example, if a guy were to rob a store, then yes, it is fair that he gets punished. However, it would not be fair if one guy who robs a store gets 25 years in prison, while another guy who robs a store gets 2 years in prison.

Your comment was rather irrelevant.

[panther10758]

No your excuse was but that what I expect from a thief!

[bam!]

For example, if a guy were to rob a store, then yes, it is fair that he gets punished. However, it would not be fair if one guy who robs a store gets 25 years in prison, while another guy who robs a store gets 2 years in prison.

Read up on the law man. If you rob a store with a gun and you use the gun in the commission of a crime, the charges are greater than if you rob the store without brandishing/using a gun.

If I walked up to you and robbed you of your wallet, I should get jail time. If I walked up to you, pulled out a pistol and pistol whipped you and then took your wallet, I should get more jail time. If I walked into a store and put a shirt in a bag, I should get jail time. If I walked into a store, used a multi tool to cut the sensor tags off, I should get more jail time. You catch where I am going with this one?

There are different levels to the same crimes....