Minneapolis, MN asked in Criminal Law for Minnesota

Q: What are burglary tools by law?

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1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: See, e.g. State v. Peterson, unpublished, Minn Court of Appeals 2020:

"A person is guilty of possession of burglary tools when he "has in [his] possession any device, explosive, or other instrumentality with intent to use or permit the use of the same to commit burglary." Minn. Stat. § 609.59. "The intent necessary is a general intent to use the tools in the commission of a burglary and not an intent to commit a particular burglary." State v. Conaway, 319 N.W.2d 35, 41 (Minn. 1982). Thus, "[t]here is no absolute requirement that the state link the defendant to any past or future burglary." Id. Intent to use burglary tools may be inferred from the character of the tools and from the circumstances surrounding their possession. Id. Intent is generally proved using circumstantial evidence. State v. Cooper, 561 N.W.2d 175, 179 (Minn. 1997)."

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