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Is it legal to carry around a lock pick set. Texas. What…

Is it legal to...

Is it legal to carry around a lock pick set

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Texas

Lawyer's Assistant: What steps have been taken so far?

What steps?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I'm just curious

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Answered in 3 minutes by:
3/16/2018
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 970
Experience: Attorney/Member in Private Law Firm
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Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Looks like you are in Texas. Some research shows that the intent of the possession is what is critical. If you are just carrying around a lock pick set, then you are fine. The trouble would come if you had the intent to use the lock picks to commit a crime.

I have attached here an overview of lock pick possession state by state in the event you were to travel and become subject to the laws of another state.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 5 months ago
What I get out of reading that is basically they could just say I intended to do something and if I had them on me, I would be screwed. I was just thinking it would be smart to carry him around in case of emergencies, but I wanted to be sure I wouldn't get in trouble.

The way that statute is written and the way it is generally interpreted is to look at actions and pull intent from the actions. For instance, if you are driving home and get pulled over and it is in plain sight, you may be asked what it is. However, that alone would not be enough as there would be no evidence of intent. Even if you had it and were using it to enter, say your home, the home of a friend who was with you or arguably even a home you had rented. In each of these cases there is no intent of a crime.

Now, lets say you are driving in a neighborhood that is not yours, parked outside of a residence you do not have permission to enter, dressed in dark clothing with gloves a mask and the lock pick set. Intent is much easier there.

Let's say you are caught breaking into a house with the lock picks. Intent is a slam dunk.

However that is why the intent is in the statute. Law enforcement cannot just make up intent, when intent is addressed in a statute, the total of the circumstances have to support it.

As well, keep in mind that if you were even stopped for a traffic stop, that alone does not give rise to a vehicle search. That can only happen with a custodial arrest or consent.

But the law requires more than just possession and the accusation of intent does not intent create.

I hope this helps.

Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 970
Experience: Attorney/Member in Private Law Firm
Verified
Sean K and 87 other Legal Specialists are ready to help you
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Customer reply replied 5 months ago
Wow, that clears it up. I appreciate that thank you.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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