QuestionMay 20, 2025

2. It is a crime in most states to "possess burglary tools." What does "possession" require the state to prove? Do the tools have to be used in a burglary? Does the defendant in possession have to be convicted of burglary to be convicted of the possession charge? In State v. Platt, 154 So.3d 1200 (Fla. App. 2015) the defendant was convicted under the Florida burglary tools statute, 810.06 Fla Stat. The jury did not find the defendant guilty of burglary, but did find him guilty of the possession charge. After the verdict.the trial judge granted the defendant's motion for acquital on the possession charge and the state appealed Was the trial judge correct to overrule the jury verdict on the possession charge? Why or why not? INote that the case was remanded to the trial court. When you study the defense of double jeopardy in Chapter 2. determine why the remand in Platt wasn't a case of double jeopardy.

2. It is a crime in most states to "possess burglary tools." What does "possession" require the state to prove? Do the tools have to be used in a burglary? Does the defendant in possession have to be convicted of burglary to be convicted of the possession charge? In State v. Platt, 154 So.3d 1200 (Fla. App. 2015) the defendant was convicted under the Florida burglary tools statute, 810.06 Fla Stat. The jury did not find the defendant guilty of burglary, but did find him guilty of the possession charge. After the verdict.the trial judge granted the defendant's motion for acquital on the possession charge and the state appealed Was the trial judge correct to overrule the jury verdict on the possession charge? Why or why not? INote that the case was remanded to the trial court. When you study the defense of double jeopardy in Chapter 2. determine why the remand in Platt wasn't a case of double jeopardy.
2. It is a crime in most states to "possess burglary tools." What does "possession" require the state to prove? Do the tools have to be used in a burglary? Does the defendant in possession have to be convicted of burglary to be convicted of the possession charge? In State v. Platt, 154 So.3d 1200 (Fla. App. 2015) the defendant was convicted under the Florida burglary tools statute, 810.06 Fla Stat. The jury did not find the defendant guilty of burglary, but did find him guilty of the possession charge. After the verdict.the trial judge granted the defendant's motion for acquital on the possession charge and the state appealed Was the trial judge correct to overrule the jury verdict on the possession charge? Why or why not? INote that the case was remanded to the trial court. When you study the defense of double jeopardy in Chapter 2. determine why the remand in Platt wasn't a case of double jeopardy.

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Answer

The state must prove that the defendant knowingly possessed the burglary tools, demonstrating both control and awareness of what they were. The tools do not need to be linked to an actual burglary, and prior conviction for burglary is not necessary for a possession charge. Explanation "Possession" in legal terms generally requires the state to prove that the defendant had control over the burglary tools, with knowledge of their presence and nature. The tools do not need to be used in a burglary, nor does the defendant have to be convicted of burglary for possession charges.

Explanation

"Possession" in legal terms generally requires the state to prove that the defendant had control over the burglary tools, with knowledge of their presence and nature. The tools do not need to be used in a burglary, nor does the defendant have to be convicted of burglary for possession charges.
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