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Name: People v. Diaz
Case #: G044411
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/28/2012
Summary

Latex gloves and a large bag did not come within the purview of Penal Code section 466 as burglary tools. Defendant was intercepted by police after she had pried open a locked screen door. She admitted that a large bag containing latex gloves found in the yard belonged to her. At trial, an officer testified that, based on his experience and training, they were burglary tools because the empty bag was for filling and the gloves were to conceal fingerprints. The conviction for possession of burglary tools was reversed. The definition in the statute describes specific tools and includes a general description of instruments or tools with the intent feloniously to break or enter into any building, vehicle, etc. The specific and general descriptions invoke the concept of ejusdem generis; i.e., application of the general term is restricted to those things that are similar to those that are specifically enumerated. Here, there was no evidence that common latex gloves or the bag were intended as tools to breach the defenses of the residence similar to those described in the statute.