Somebody translate this from the lawbooks

[Anarchyvocals]

Possession of burglary tools consists of having in the person's possession a device or instrumentality designed or commonly used for the commission of burglary and under circumstances evincing an intent to use the same in the commission of burglary.

Whoever commits possession of burglary tools is guilty of a fourth degree felony.

14-1633. Possession of burglary tools; essential elements.

For you to find the defendant guilty of possession of burglary tools [as charged in Count __________]1, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

1. The defendant had in his possession2 __________________ (name of tools or devices), which are designed for or commonly used in the commission of a burglary;

2. The defendant intended that these __________________ (tools or devices) be used for the purpose of committing a burglary;

3. This happened in New Mexico on or about the __________ day of ______________, __________.

USE NOTE
1. Insert the count number if more than one count is charged.
2. See UJI 14-130 for definition of "possession," if the question of possession is in issue.



What are they saying?
Is it illigal to carry them as long as I don't do anything bad with them?

Thx for the help

[zeke79]

"under circumstances evincing an intent to use the same in the commission of burglary"

Basically if you have picks on you and are searched at taco bell while eating your dinner at 5:00pm and they find lock picks you are probably ok. If you are out walking around the neighborhood in the shadows dressed in dark grey or black with a ski mask and you are searched and lock picks are found on you then you are probably going to the pokey. An easy way to solve the problem is do not carry them with you.

[plot]

it's legal to carry them as long as you have no intent to rob the kwiki-mart

[Anarchyvocals]

thx

[frollard]

it's legal to carry them as long as you have no intent to rob the kwiki-mart

from what I understand, a quik-e-mart is 24 hours. what are you gonna do, stab the person behind the counter with them?!


that said, yah. I'm sure any non-retarded cop would do one of the following when you tell him its a hobby, when found in non-incrminating or circumstancially plausible times -

"oh, have fun, but from now on keep them at home, if I see them again, they're gone." somewhat likely

"thank you, *confiscates*, drives away" - more likely

"bend over lover!.....etc etc *arrest*" - highly unlikely.


just dont be in a would-be-locked closed building you wouldnt otherwise have access to while having them on your person.

[tempertemper]

I just want to add a note of caution here. I'm not a guru on NM law, but I know that many jurisdictions (CA and NV are two I know for sure) infer intent.

That is, even if you are eating at the taco bell, if you are found with picks, it is assumed that you have them for an illegal purpose. Basically, it puts the burden of production of evidence to the contrary on you (the defendant). Producing a locksmith's license, repossessor's license or similar would shift the burden of production back to the prosecution (who still always has the burden of proof); that is, the pros must now produce some evidence that (they hope) proves beyond a reasonable doubt that you had the necessary criminal intent.

So, just be cautious, and check out your state statutes. The issue of intent is always tricky, but many states get around it by presuming intent unless the defendant can show a good reason to have the picks.

[tempertemper]

Just an addedum,

Nevada Revised Statutes § 205.080, Subsection 2:

The possession thereof except by a mechanic, artificer or tradesman at and in his established shop or place of business, open to public view, shall be prima facie evidence that such possession was had with intent to use or employ or allow the same to be used or employed in the commission of a crime.

So, at least in Nevada anyway, situation #3 is actually *very* likely.

[logosys]

Many states (New York and California, I know) it is illegal to posess any lockpicking tool that gains entry into an automotive. It is a do not collect $200 type law, where it you had them, regardless of your intent, you're going to jail.

I've looked up some of the case law, and the people who go to prison are the people who have a history of thievery/burglary, are suspect of burglary, or are in a suspicious situation. It would be tough to convince a jury of intent with the argument:

"Well, Mr. Jones here was pulled over at 5:30 p.m. with a set of lockpicks that he was obviously intending on using to break into someone's house after he puts his kids to bed."

However:

"Mr. Jones was sneaking through the bushes of someone else's house around 2:30 am with his set of lockpicks because he lost his cat, and likes to forage through the trash for old discarded locks that he can practice his favorite hobby on"

Would not be a very good defense

Bottom line - use common sense. Keep them out of plain view if you're on the road and carry some practice locks to help your case along.

[PickslikeRodenbarr]

Thx all
I finally managed to get out of bed and did a real search on locksmith licinces, so I know possesion isn't illigal because there is no locksmiting licince. I'm still looking for my local area.