Burglary Tools

[sKiTzo]

What is the name of your state (only U.S. law)? Ca


I lost the key to my gas cap and I bought (in a hardware store) a key that was advertised as a key that opened gas caps for people who lost their key. Well, it didn't work on my gas cap and I ended up having to remove it by brute force.
Later that day I was arrested on a charge of under the influence of a controlled substance and while being booked the arresting officer asked me what this strange looking key in my pocket was. Because I bought the key at a store legally I told him the truth - that I had lost the key to my gas cap, etc. after which he charged me with possession of "burglary tools". This charge usually accompanies an actual burglary charge. While I do have a burglary or 2 on my record, the last one was 2007 and this arrest had nothing to do with burglary and burglary was not the pretext for the police contact or even mentioned. What is the viability of a "burglary tools" charge without a burglary charge on someone who is not on probation or parole?

 

[CdwJava]

The viability of the charge depends on a host of other issues and does NOT require a burglary. If you were found loitering or prowling in an area, if you have priors for burglary (oops), if you had no car in your possession, if you were wandering the streets with a gas can or other container/indicia of gas siphoning, if you made statements incriminating yourself, you could be found guilty.

However, if you can find the name of the store and show that it is a "universal" gas cap key, you might get them to drop the charges. Better yet, provide a receipt or get someone from the store to testify that you came in!

 

[sKiTzo]

The viability of the charge depends on a host of other issues and does NOT require a burglary. If you were found loitering or prowling in an area, if you have priors for burglary (oops), if you had no car in your possession, if you were wandering the streets with a gas can or other container/indicia of gas siphoning, if you made statements incriminating yourself, you could be found guilty.

However, if you can find the name of the store and show that it is a "universal" gas cap key, you might get them to drop the charges. Better yet, provide a receipt or get someone from the store to testify that you came in!

I had been visiting a friend at a motel and when I came out and was about to get in my car, a cop pulled up and asked me my name and I had a traffic warrant. That was the arrest. No prowling. I can show that the key is sold and bought legally and which hardware store it came from. The only thing is that I have burglary on my record many years ago but it should be irrelevant because I am not on probation or parole, therefore, absent any suspicion of burglary at the time of my arrest, I legally possessed the key. Agree?

 

[ERAUPIKE]

I had been visiting a friend at a motel and when I came out and was about to get in my car, a cop pulled up and asked me my name and I had a traffic warrant. That was the arrest. No prowling. I can show that the key is sold and bought legally and which hardware store it came from. The only thing is that I have burglary on my record many years ago but it should be irrelevant because I am not on probation or parole, therefore, absent any suspicion of burglary at the time of my arrest, I legally possessed the key. Agree?

Was the motel in a high drug traffic area?

Did you steal the key from the hardware store?

You are a convicted burglar with the tools of trade in your possession. Can you see how that may look on the surface?

 

[CJane]

I can show that the key is sold and bought legally and which hardware store it came from.

You can show that the key IS sold and bought legally.

Can you show that YOU bought the key legally? Receipt? Charge slip? Employee testimony?

Can you produce the mangled gas cap to your own vehicle? It would certainly boost your credibility.

What were you under the influence OF when you were arrested? How do you know what you said?

 

[Shannongiles16]

snippet "The removing of a portion of a conveyance only constitutes burglary if the removed portion facilitates the commission of an offense within the conveyance. Removing tires, rims, and hubcaps does not constitute a portion of a car that could facilitate the entry of the car. The gist of a burglary to a conveyance is the intent to commit a crime (usually theft) "within" the car. I should also note, with rising gas prices, that the act of siphoning gasoline from a car does not constitute burglary."
I was curious if siphoning gas was considered burglary so I googled it. This is florida and not california. Does california consider gas theft burglary?

 

[ERAUPIKE]

snippet "The removing of a portion of a conveyance only constitutes burglary if the removed portion facilitates the commission of an offense within the conveyance. Removing tires, rims, and hubcaps does not constitute a portion of a car that could facilitate the entry of the car. The gist of a burglary to a conveyance is the intent to commit a crime (usually theft) "within" the car. I should also note, with rising gas prices, that the act of siphoning gasoline from a car does not constitute burglary."
I was curious if siphoning gas was considered burglary so I googled it. This is florida and not california. Does california consider gas theft burglary?

The OP wasn't charged with burglary, he was charged with poss. of burglary tools.

To answer your question:

For purposes of California burglary, a building is defined as a structure designed for and having the capacity to contain people or animals, or to shelter property. Penal Code 459 actually lists more than 20 types of buildings and other specified locations that may be the subject of a burglary. These include (but are not limited to): "traditional" housing (homes, rooms, apartments), "mobile" housing (campers and trailers),shops, stores, and warehouses, modes of transportation (cars, boats, airplanes, and railroad cars), and barns and stables.

Furthermore under California burglary law, you "enter" a building or other location when any part of your body crosses the outer limits of that location, or when any object under your control crosses those limits. For example, if you reach into an open window in your neighbor's house, you have "entered" that house. Likewise, if, before you go into a house, you open the door and use a flashlight to look around...and only the flashlight is actually "in" the home...you have entered the home (since the flashlight is under your control). The bottom line is that if it reasonably appears that, as a member of the general public, you shouldn't have passed the "threshold" without authorization, you unlawfully "entered" the premises...even if only for a moment.

 

[Shannongiles16]

The OP wasn't charged with burglary, he was charged with poss. of burglary tools.

To answer your question:

I understand that. What I was thinking tho was that if removing fuel from a vehicle is not burglary how can a key to facilitate removing fuel from a vehicle be a burglary tool? A lug nut wrench would be a burglary tool and every car comes equipped with one. So the entire population could be charged with possession of tools to be honest. It is possible to commit theft with a universal key but impossible to commit burglary therefore it cannot be a burglary tool.

 

[CdwJava]

Yes, it could be burglary to unlock a gas cap and place a hose into the gas tank to unlawfully siphon gas.

Yes, the key could arguably be burglary tool.

But, to make the case the state will have to show more than mere possession because intent will also have to be demonstrated.

 

[sKiTzo]

Yes, it could be burglary to unlock a gas cap and place a hose into the gas tank to unlawfully siphon gas.

Yes, the key could arguably be burglary tool.

But, to make the case the state will have to show more than mere possession because intent will also have to be demonstrated.

Thanks for all the replies. Yeah, there's no intent. They should dismiss the charge at arraignment. If not, they'll be wasting the court's time.