June 11, 2010

What were they thinking?

I sometimes review case law as a way to keep my mind working. Here's a summary of a court ruling that I found somewhat perplexing.
From today's Westlaw WestHeadnotes daily email:
An 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
Sent via BlackBerry by AT&T

No comments:

Post a Comment

All comments are moderated before being posted. Postings are at the sole discretion of the blog moderator. Anonymous postings are no longer allowed. I encourage your comments, but put you name on the bottom line!