Amendments to 810.06

1. Thomas v. State

   531 So. 2d 708 (Fla. 1988)   Cited 59 times

   § 810.06, Fla. Stat. (emphasis added). Thus, the statute criminalizes the intent to use an item in an illegal way. Mere possession standing alone will not constitute a crime.

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2. Green v. State

   604 So. 2d 471 (Fla. 1992)   Cited 128 times

   § 810.06, Fla. Stat. (1989).
3. Calliar v. State

   760 So. 2d 885 (Fla. 2000)   Cited 14 times

   1 more...

   While the testimony provided a basis on which the jury could find that the screwdriver was used to effectuate the theft of the vehicle, theft is not one of the offenses enumerated in section 810.06. In order for the State to establish that the screwdriver was a burglary tool, the State needed to adduce testimony showing that the defendant used, or actually intended to use, the screwdriver to commit a burglary or trespass. Id.; see §§ 810.02, 810.06, 810.08, Fla. Stat. (1991). There was no evidence at trial from which the jury could find that the defendant used the screwdriver to gain entry to the vehicle, nor evidence from which the jury could determine that the defendant possessed the screwdriver with the intent to use it to gain entry to the vehicle. That being so, the conviction under section 810.06 must be reversed.

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4. Hierro v. State

   608 So. 2d 912 (Fla. Dist. Ct. App. 1992)   Cited 26 times

   1 more...

   While the testimony provided a basis on which the jury could find that the screwdriver was used to effectuate the theft of the vehicle, theft is not one of the offenses enumerated in section 810.06. In order for the State to establish that the screwdriver was a burglary tool, the State needed to adduce testimony showing that the defendant used, or actually intended to use, the screwdriver to commit a burglary or a trespass. Id.; see §§ 810.02, 810.06, 810.08, Fla. Stat. (1991). There was no evidence at trial from which the jury could find that the defendant used the screwdriver to gain entry to the vehicle, nor evidence from which the jury could determine that the defendant possessed the screwdriver with the intent to use it to gain entry to the vehicle. That being so, the conviction under section 810.06 must be reversed.

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5. Borges v. State

   415 So. 2d 1265 (Fla. 1982)   Cited 124 times

   See § 810.02(2)(b), Fla. Stat. (1977) (burglary while armed), § 810.06 (possession of burglary tools), § 790.23 (possession of firearm by convicted felon), and § 790.01(2) (carrying concealed firearm).
6. James v. United States

   550 U.S. 192 (2007)   Cited 735 times

   The Jones court distinguished its earlier holding in Thomas v. State, 531 So.2d 708 (1988). There, the State Supreme Court upheld a conviction under a state statute criminalizing the possession of burglary tools, Fla. Stat. §810.06, where the defendant had been arrested after jumping a fence and trying to run away from police while carrying a screwdriver. Jones held that "the overt act necessary to convict of the burglary tool crime is not the same as the overt act required to prove attempted burglary," and noted that the conduct charged in Thomas would not be sufficient to prove attempted burglary because the defendant in that case committed no overt act directed toward entering or remaining in a building. 608 So.2d, at 799.

   PAGE 203
7. T.R.C. v. State

   290 So. 3d 1064 (Fla. Dist. Ct. App. 2020)   Cited 1 times

   • Motion to dismiss

   I fully concur with the majority's holding on the second issue in this appeal. As to the court's reversal on the first issue concerning the charge of possession of burglary tools, I concur only insofar as we are bound to follow Green v. State, 604 So. 2d 471 (Fla. 1992). In Green, law enforcement officers responding to an emergency report of a burglary in progress apprehended the defendant running on a street near the victim's home. Id. at 472. At the time of the arrest, the temperature was "between the fifties and sixties," but the defendant was dressed in a jump suit and wearing garden gloves. Id. The State charged the defendant with burglary and, based upon the garden gloves, possession of burglary tools under section 810.06, Florida Statutes (1989). Id. After his conviction and appeal, the First District certified as a question of great public importance whether "items of personal apparel, such as common gloves" fell within the ambit of section 810.06. Id. The Florida Supreme Court answered the question in the negative. Id.

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8. Hutton v. Strickland

   919 F.2d 1531 (11th Cir. 1990)   Cited 139 times

   • Motion for summary judgment
   2 more...

   "Clearly established," with reference to a right that a government official allegedly has violated, means that "[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 3039, 97 L.Ed.2d 523 (1987). Section 810.09, Florida Statutes, defines misdemeanor trespass as the unauthorized and uninvited entry on property which is posted; the offender's refusal to leave after being ordered to do so constitutes a misdemeanor of the first degree. See R.C.W. v. State, 507 So.2d 700 (Fla.Dist.Ct.App. 1987). Additionally, section 810.115, Florida Statutes, makes willfully cutting a fence enclosing another's property a first-degree misdemeanor. When the trespass offense is accompanied by possession of a tool or implement used to commit the crime or when the offender is armed with a firearm or other dangerous weapon during the commission of a trespass, the offense may become a felony under sections 810.06 and 810.09(2)(c), Florida Statutes. Furthermore, under section 810.12(1), Florida Statutes, the unauthorized entry onto posted land is prima…

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9. Stl. v. Ecklund Carr

   2002 WI App. 91 (Wis. Ct. App. 2002)   Cited 75 times

   In any action of replevin judgment for the plaintiff may be for the possession or for the recovery of possession of the property, or the value thereof in case a delivery cannot be had, and of damages for the detention; and when the property shall have been delivered to the defendant, under s. 810.06, judgment may be as aforesaid or absolutely for the value thereof at the plaintiff's option, and damages for the detention. If the property shall have been delivered to the plaintiff under ss. 810.01 to 810.13 and the defendant prevails, judgment for the defendant may be for a return of the property or the value thereof, at the defendant's option, and damages for taking and withholding the same.

   PAGE 596
10. A.W. v. State

    920 So. 2d 845 (Fla. Dist. Ct. App. 2006)

    Section 810.06, Florida Statutes, defines the crime of possession of burglary tools. The statute reads, in relevant part: "Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree. . . ." § 810.06, Fla. Stat. The State must prove possession of the tools, and intent to use the tool in the commission of a burglary or trespass.

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