Offenses Against Property
Possession of a burglary tool or theft device
Notes of Decisions
A beer bottle used to break a jewelry store window was not a burglar’s tool as defined in this section. State v. Reid, 36 Or App 417, 585 P2d 411 (1978)
A rock or a brick is not a burglary tool under this section. State v. O’Keefe, 40 Or App 685, 596 P2d 987 (1979), Sup Ct review denied
For purposes of defining burglar tool, term “designed” is not unconstitutionally vague. State v. Grace, 76 Or App 237, 708 P2d 1193 (1985), Sup Ct review denied
Neither an object’s actual use nor its capability to be used as tool for burglary is relevant in determination of whether it is “adapted,” but object must actually be modified in some way to serve such purpose. State v. Warner, 298 Or 640, 696 P2d 1052 (1985)
Object is not “commonly used” for committing forcible entry or theft by the fact that it shares characteristics similar to objects that are commonly used. State v. Warner, 298 Or 640, 696 P2d 1052 (1985)
Defendant, convicted of burglary on basis of use of screwdriver, raised exactly question decided in State v. Gravesand was therefore convicted under unconstitutionally vague statute requiring reversal of conviction. State v. Bennett, 79 Or App 267, 719 P2d 38 (1986), Sup Ct review denied