On July 1, police in Evesham Township arrested a man in the parking lot at the Route 73 L.A. Fitness, per the news. Indeed, the cops alleged the man possessed pry bars, screwdrivers, a hammer, heroin, marijuana, and hypodermic needles. Consequently, the cops charged him with fourth-degree possession of burglary tools. Additionally, they charged him with third-degree possession of heroin. They also charged the male with possession of hypodermic needle and possession of marijuana, both disorderly persons offenses.
This arrest, however, was not the result of chance. On the contrary, at 4 p.m. authorities received a report about a suspicious male in a nearby Whole Foods parking lot. But the media does not disclose what the male did that appeared suspicious.
Indeed, the Fourth Amendment and the New Jersey Constitution protects individuals from unreasonable searches and seizures. Additionally, one’s presence in a public parking lot in the middle of a Sunday afternoon is not inherently suspicious. Moreover, these media reports ostensibly lack detail because they are based on news releases from the government. Accordingly, the news reports skimp on details about the basis for suspicions. But they clearly state the man’s place of residence in Philadelphia. Therefore, this begs an important question: what message is the Evesham government trying to send about the City of Brotherly Love?
Burglar’s Tools, N.J.S.A. 2C:5-5
a. Any person who manufactures or possesses any engine, machine, tool or implement adapted, designed or commonly used for committing or facilitating any offense in chapter 20 of this Title or offenses involving forcible entry into premises:
- Knowing the same to be so adapted or designed or commonly used; and
- With either a purpose so to use or employ it, or with a purpose to provide it to some person who he knows has such a purpose to use or employ it, is guilty of an offense.
b. Any person who publishes plans or instructions dealing with the manufacture or use of any burglar tools as defined above, with the intent that such publication be used for committing or facilitating any offense in chapter 20 of this Title or offenses involving forcible entry into premises is guilty of an offense.
The offense under a. or b. of this section is a crime of the fourth degree if the defendant manufactured such instrument or implements or published such plans or instructions; otherwise it is a disorderly persons offense.
Parting Shot
NJ Criminal Lawyer Michael A. Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations in all cases involving Burglary, Theft, and Burglar’s Tools. Call Now—(856) 812-0321.