[net.legal] Lock picks and like that.

inc@fluke.UUCP (Gary Benson) (05/10/85)

> ......
> why it is illegal to possess bicycle spokes filed down and bent 
> in certain configurations, coat hangers with same adjectives, and other 
> assorted items (better known as lockpicks)? 
> 
> Since when is the ability to do something the same as having done it?
>
>                                                        -the venn buddhist


Good question. It reminds me of the day several weeks ago when I was driving
along a boulevard and there was large crowd standing around this little head
shop as the police were inside confiscating the hell out of the place. The
newsfolks were there and everything. 

I've always wondered about the constitutionality of that sort of law. Why
can my freind the pipesmoker go into any drugstore and pick up a wooden
pipe, but I can't go into this shop and buy a smaller one? I'd be really
interested in hearing a good justification by someone familiar with
constitutional law about all this. I mean, the coat hanger is legal because
it was given to me by the drycleaner. The grinder I can purchase at Sears
for 40 bucks. Pliers from K-Mart. Now I put all these legal things together
and make myself a nice little legal icepick. Is it true that if I use this
device to open my own (legal) automobile I have committed a crime?

Or if I'm a pipe smoker who doesn't want a pipe with a large bowl, am I
committing a crime by entering a shop with the intent to buy a pipe with a
bowl smaller than some set volume? The whole thing seems ridiculous.

-- 
 Gary Benson  *  John Fluke Mfg. Co.  *  PO Box C9090  *  Everett WA  *  98206
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arnold@ucsfcgl.UUCP (Ken Arnold%CGL) (05/14/85)

> ......
> why it is illegal to possess bicycle spokes filed down and bent 
> in certain configurations, coat hangers with same adjectives, and other 
> assorted items (better known as lockpicks)? 
> 
> Since when is the ability to do something the same as having done it?
>
>                                                        -the venn buddhist

I don't know what state you are in, but here in California, the law
is as you would seem to like it.  It is illegal to have lock picks,
etc., with INTENT to commit a crime.  Simple posession is not enough.
I looked it up in the code when I was buying a set for myself.  However,
since these are state laws as far as I can tell, the law will vary.

		Ken

jpexg@mit-hermes.ARPA (John Purbrick) (05/16/85)

> why it is illegal to possess bicycle spokes filed down and bent 
> in certain configurations, coat hangers with same adjectives, and other 
> assorted items (better known as lockpicks)? 
> Since when is the ability to do something the same as having done it?
>                                                        -the venn buddhist


Sorry to plagiarize someone else, but this was discussed a few months ago,
and somebody told a story of a guy out west somewhere who was indeed indicted
for possession of burglars' tools. The judge said "Possession of these tools
proves the intent to use them", and the defendant said "Does that mean I'll
be tried for rape next?"

John Purbrick					jpexg@mit-hermes.ARPA
{...decvax!genrad!  ...allegra!mit-vax!}  mit-eddie!mit-hermes!jpexg