Burglary Tools – What You Need to Know

Burglary is a serious crime that involves illegally entering a building or structure with the intent to commit a further crime inside. While the actual act of burglary is concerning enough, there are also laws in most states that prohibit the possession of burglary tools – items that are made or adapted to help someone commit a burglary. Understanding what constitutes burglary tools, what laws prohibit them, and what defenses you may have if charged with possessing them is important. This article will provide an overview of burglary tool laws and issues surrounding them.

What Are Considered Burglary Tools?

There is no definitive list of items that are categorized as burglary tools. However, there are some common items that are often considered burglary tools when possessed with intent to use them to commit a burglary:

• Lock picks – These are devices made to manipulate locks and gain entry without using the proper key. While possession of lock picks does not always mean criminal intent, if you possess them alongside other suspicious items or have a past record of burglary, they are more likely to be seen as burglary tools.
• Crowbars – Crowbars are pry bars that can be used to force open doors, windows, and other entry points. As useful as they are in demolition and construction work, crowbars are probably the #1 item associated with burglary tools.
• Screwdrivers – While a basic screwdriver may seem innocent enough, a set of several different screwdrivers could be seen as burglary tools if possessed with criminal intent.
• Wire cutters – Cutting wires to disable alarms and other security systems is a common tactic of burglars. Wire cutters may be considered burglary tools if you possess them for that criminal purpose.
• Sledgehammers – Forceful and destructive, sledgehammers can be used to break windows, walls, and other barriers during a burglary. Possession of a sledgehammer along with criminal intent could lead to burglary tool charges.
• Bolt cutters – Bolt cutters are commonly used by burglars to cut padlocks, chains and hasps to gain access. If you possess them to cut locks during a burglary, they can be viewed as burglary tools.
• Picks and shovels – If you have these digging tools along with intent to commit burglary, they could be seen as burglary tools to break into underground vaults, buried safes, etc.
• Gloves – Gloves used during the commission of a burglary are considered burglary tools in some states because they aid in the criminal act.

Of course, almost any item that aids in gaining illegal entry or disabling security can be considered a burglary tool under the right circumstances. Even a credit card or driver’s license could be deemed a burglary tool if slid between a door frame to gain entry unlawfully. The key in determining what constitutes a burglary tool is the intent of the person possessing the object.

Laws Regarding Possession of Burglary Tools

Most states have laws prohibiting the possession of burglary tools, though the specifics vary in different jurisdictions. Here are some highlights of burglary tool laws:

• In many states, it is a felony just to possess burglary tools, even if you have not committed an actual burglary. The intent to use them to commit a burglary is enough.
• Burglary tool possession often carries stiff sentences. In Florida, for example, it is punishable by up to 5 years in prison. Other states classify it as a high-level misdemeanor.
• In some states, burglary tool laws only prohibit items made or altered specifically for the purpose of committing burglaries. Items that also have a lawful purpose are exempt.
• A few states require you to actually use the burglary tools to commit a crime before possession becomes a separate offense. Just having them is not necessarily illegal in those jurisdictions.
• In addition to state laws, some cities have local ordinances further prohibiting burglary tools. These may cover possession of items like police scanners, master keys, and bullet-resistant vests.

The bottom line is that the majority of states have laws allowing charges for merely possessing burglary tools with criminal intent, even if you have not committed an actual burglary. It is treated as an attempt to prevent future burglaries.

Defenses to Burglary Tool Possession

Fighting a charge of possessing burglary tools requires attacking the prosecution’s claim that you intended to use the items to commit a burglary. Some possible defenses include:

• Lack of intent – If you had a lawful reason to possess tools like lockpicks or crowbars, you can argue you never intended to use them for burglary. The prosecution has to prove criminal intent.
• Tools of the trade – If you use the tools for legitimate business purposes like construction or locksmithing, possession alone should not constitute a crime. However, other evidence could still undermine this defense.
• Unlawful search – If the tools were discovered during an illegal search by law enforcement, an attorney may be able to get that evidence suppressed. This could defeat the prosecution’s case.
• Wrongful possession – You may not have even been the one who actually possessed the tools. For example, if they were found in a car you borrowed, you could argue the tools belonged to the owner.
• Entrapment – Undercover cops cannot induce you to commit a burglary just to charge you with possession of burglary tools. This may be a valid defense in some cases.

In addition, depending on the specifics of your state’s laws, your attorney may be able to argue the items in your possession do not actually fit the definition of burglary tools. Or the circumstances of their possession did not demonstrate intent to commit burglary.