-California Penal Code Section 466
makes it a crime to have possession
of tools that are commonly used in a burglary
if your purpose in possessing them is to commit burglaries.
So think of it like an electrician or a carpenter.
They have a box of tools that they take around with them
when they go to a job.
And oftentimes, a burglar has a box
of tools that he or she uses to commit burglary.
Well, if you get caught with that box of burglary tools,
you can be prosecuted and go to jail,
even if the authorities can't prove that you ever
committed a particular burglary.
-Burglary tools can be any device
used to enter into a home, a car, or a dwelling.
Some common examples include bolt cutters
to enter into a fenced-off area.
They can include a crowbar to enter into a building.
Anything that is used to unlawfully enter
is considered a burglary tool.
Under California Penal Code 466, possession of burglary tools
is a misdemeanor.
If convicted of possession of burglary tools,
you face up to six months in county jail
and/or a fine of $1,000.
Furthermore, another consequence of a conviction for possession
of burglary tools is the fact that you'll
have a criminal record.
And having a criminal record can prevent you
from obtaining employment or obtaining other benefits.
-The crime of burglary tools can be surprisingly
difficult for the prosecution to prove,
and in fact, a lot of innocent people
get wrongfully accused and sometimes wrongfully convicted.
The good news is that here at Shouse Law Group,
we've had a great record of success
in fighting burglary tools charges
and helping our clients to get those charges reduced
or dismissed.
-One defense to possession of burglary tools
is establishing that the tools were not
being held for the purposes of committing a burglary.
People have possession of tools that
could be used in a burglary all the time.
But if they're being possessed for an innocent purpose,
perhaps for their job, perhaps they
work as somebody who installs stereos,
perhaps they are a handyman, perhaps they have a tool
collection, people can possess these things
without committing the crime of possession of burglary tools.
-Another common defense to California Penal Code
466 is, in fact, the items you were possessing
were not tools of a burglary.
Now, for example, let's say that you and an accomplice
are actually deciding to burglarize a home.
And you collect ski masks and sweatshirts and flashlights
in your vehicle, and your accomplice
has crowbars and pliers to break into the home.
Now, say that you're stopped by the police,
and they find the black sweatshirts
and the ski masks and the flashlights.
That, in and of itself, is not enough to convict you
under Penal Code 466 because those items, in and of itself,
are not tools or instrumentalities
of a burglary.
Whereas if they had found you with the crowbars
or the pliers, and it was readily apparent
that you were going to commit a burglary,
then you could be convicted.
-Another common defense in a Penal Code Section 466 burglary
tools case is that the police violated your rights
in discovering the items.
So maybe the cops detained you on the street
and searched your backpack, or pulled you over and searched
your trunk, or came into your garage
and found what they alleged to be burglary tools.
But if they didn't have probable cause to engage in that search,
then we can make what's called a suppression motion in court,
and basically show the judge that the police committed
an illegal search and seizure.
And if that's the case, then most likely
we can get the evidence thrown out of court
and the whole case dismissed.