What is the test for possession of tools in a burglary case?

California, United States of America


The following excerpt is from In re Jonathan D., B203839 (Cal. App. 9/5/2008), B203839 (Cal. App. 2008):

It is not necessary to prove an intent to use the tools in a particular place, or for a special purpose. "`[A]n intent to break into a particular [vehicle] is not necessary. . . . The offense is complete when tools or other implements are procured with intent to use them for a burglarious purpose.' [Citation.]" (People v. Southard (2007) 152 Cal.App.4th 1079, 1088.)

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