In Florida it is a third-degree felony to be in possession of burglary tools.
Florida Statute section 810.06 states that it is unlawful for anybody to be in possession of "any tool, machine, or implement" with the intent to commit a burglary or trespass.
So it is not enough to merely be in possession of tools. There must be a connection, supported by evidence, that proves that the tools were implements meant to be used in the commission of a burglary or a trespass.
Possession of burglary tools is often charged along with other felony or misdemeanor charges. It may also be charged by itself if the accused is not engaged in the commission of a burglary at the time of the arrest or no evidence that a burglary occurred exists.
Burglary tools can include things such as screwdrivers, hammers, and prybars.
Eric Matheny is a burglary attorney serving Miami-Dade and Broward.