Legal Question in Criminal Law in New York

Possession of Lock Picking Tools Without Intent to Break and Enter

As a traveller into NY State, I was stopped by a patrol officer early one morning. I explained I was lost and low on gas, but he proceeded to search my person, and searched my vehicle because of my ''suspicious'' activity (driving slowly I suppose). I was cooperative and nothing was found.

I am part of a lockpicking sport club (yes, competitive lockpicking does exist) but I am not a licensed locksmith. I own some tools and locks that I carry with me. If the officers had found my lockpick set (which was in my car but not found), what would be the consequences if they were not to believe my story? Is it an offense to possess these items?


Asked on 2/08/06, 7:10 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Possession of Lock Picking Tools Without Intent to Break and Enter

A fun question! The lockpick equipment may be categorized as 'parphernalia' and confiscated. But, because the equipment is not legally paraphernalia (although the police at first blush may think so) they would be returned to you as there is no evidence they are material to any identified crime.

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Answered on 2/09/06, 11:51 am


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