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  1. #11
    Join Date
    Jul 2010
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    8,006

    Default Re: Possession of Burglary Tools and No Burgley Was Committed, Will I Lose at Trial

    Quote Quoting llworking
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    I still do not understand how old keys can be burglary tools.
    Either there are facts in play that we don't have (which isn't unheard of when people come here) or the DA and police are stretching (which is also not unheard of).

  2. #12
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Possession of Burglary Tools and No Burgley Was Committed, Will I Lose at Trial

    Quote Quoting Rock Knocker
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    Thank you, but I wasn't wrong. Intent is still the operative. Lurking around the shadows at 2am with hammers and tools and no work order, a reasonable person could assume that there was reason to believe that the lurker was intending to commit a burglary, hence the tools were burglary tools.
    You were not wrong in stating that intent is necessary. You were wrong in inferring that my statement was wrong. I stated:

    Quote Quoting free9man
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    It is possible though to be convicted of possession of burglary tools without actually having committed a burglary as it is the possession itself that is a crime and not the use.
    You then stated:

    Quote Quoting Rock Knocker
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    I don't know about that, intent is the crux of the crime. If the OP intended to sell collector items no crime was committed
    I know that intent is necessary. I've never argued that. Nowhere in my post do I even mention intent. I simply stated that someone can be convicted without an actual burglary occurring.

  3. #13
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Possession of Burglary Tools and No Burgley Was Committed, Will I Lose at Trial

    Quote Quoting llworking
    View Post
    I still do not understand how old keys can be burglary tools.
    By themselves they are not. But, I suspect there is more to this tale than meets the eye. Are you aware of a market for old keys? I'm not. Unless they have some historic significance, or they are sold in a dollar jar at some antique village store, there's no market for them - and no reason to be selling them online such that it would be worthwhile to meet up with someone for the exchange.

    There is definitely more to the tale or no one would be wasting their time.

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