In the 3:30 a.m. incident, officers arrested the woman for possession of burglary tools based on which evidence?

• A. Nervousness and shifting weight
• B. Inability to credibly answer why she had the picks
• C. The location near prior burglaries
• D. Lock picks falling from her pocket

Answer: (D)

The key idea is that possession of burglary tools is proven when tools are found on a person, showing direct control over them. Finding lock picks in her pocket provides clear, physical evidence that she had burglary tools with her, at the time of the arrest, and that she could use them. This direct link between the person and the tools makes the charge of possession of burglary tools appropriate.

Nervousness or shifting weight might raise suspicion but doesn’t prove she owned or controlled tools. Inability to credibly explain why she had the picks is also weak evidence of possession by itself. Being near locations associated with prior burglaries is circumstantial and doesn’t demonstrate actual possession. The actual tools on her person establish the strongest connection to the offense.