West Headnote of the Day – June 11, 2010

June 11, 2010

West's Key 67 Burglary
West's Key 67I Offenses and Responsibility Therefor
West's Key 67k12 k. Possession of Burglars’ Tools.

67 BurglaryAn ice pick is an innocent item and does not become something other than an innocent item when carried in a combination of two ice picks, a screwdriver, a knife, a pair of socks and a flashlight; thus, defendant’s mere possession of such items during early morning hours while crouched behind a bush did not constitute evidence of an unlawful intent to use such items as burglary tools, and absent evidence that such items were used to commit or attempt to commit a burglary, defendant could not be convicted of possession of burglary tools.
Preston v. State, 373 So. 2d 451 (Fla. Dist. Ct. App. 1979)