What is the test for possession of burglary tools under section 466 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Saunders, G049955 (Cal. App. 2015):

"Section 466 provides in relevant part: 'Every person having upon him or her in his or her possession a picklock, crow, keybit, crowbar, screwdriver, vise grip pliers, water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun, tubular lock pick, bump key, floor-safe door puller, master key, ceramic or porcelain spark plug chips or pieces, or other instrument or tool with intent feloniously to break or enter into any building . . . or vehicle . . . is guilty of a misdemeanor.' [Citation.] '[I]n order to sustain a conviction for possession of burglary tools in violation of section 466, the prosecution must establish three elements: (1) possession by the defendant; (2) of tools within the purview of the statute; (3) with the intent to use the tools for the felonious purposes of breaking or entering.' [Citation.]" (People v. Diaz (2012) 207 Cal.App.4th 396, 400.)

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