Common sense dictates that ordinary objects, innocent in themselves, are tools of burglars. Direct proof of crime not needed, and probable cause can be inferred. United States v. Brooks, 2008 U.S. Dist. LEXIS 82067 (E.D. Pa. October 15, 2008):<\/p>\n
Defense counsel emphasizes that the items taken or seen during the arrest that did not actually represent unambiguously illegal conduct (even if Mr. Brooks’s driving was illegal). However, it was not necessary that all the facts recounted in the probable cause affidavit constitute direct proof of a crime; it can be sufficient for purposes of finding probable cause to infer probable cause by “considering the type of crime, the nature of the items sought, the suspect’s opportunity for concealment and normal inferences about where a criminal might hide [evidence].” Jones<\/em>, 994 F.2d at 1056 …. Likewise, common sense permits the acknowledgment that a limitless list of everyday “harmless” objects can, in the wrong circumstances, become handy “tools of the trade” of a criminal. Indeed, it is hard to imagine a nighttime burglar who would try to break into a dark house without some means of creating limited but focused light (to wit, a small flashlight) and some means to poke, pry, or unfasten (to wit, a screwdriver and\/or knife) and to do so without his hands slipping or leaving prints (to wit, with gloves). That these tools are often used for good works does not mean they cannot be, or were not, used for the commission of a crime. The Court concludes that, looking at the “four corners” of Det. Harris’s affidavit, the issuance of the search warrant in this case meets the Gates test.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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