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During an investigative stop, a trooper learns that a man is in possession of burglary tools that would be suitable for use in breaking into a motor vehicle. The man has not at this time committed any type of breaking or entering. In this situation, it would be MOST appropriate to charge this man with _____.

User Kerem Atam
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Final answer:

It would be most appropriate to charge the man with possession of burglary tools since he has the tools that are associated with the intent to commit burglary, but has not yet committed any type of breaking or entering.

Step-by-step explanation:

During an investigative stop, a trooper learns that a man is in possession of burglary tools that would be suitable for use in breaking into a motor vehicle, but the man has not committed any type of breaking or entering at this time. It would be MOST appropriate to charge this man with possession of burglary tools, which is a specific offense in many jurisdictions. This charge acknowledges the possession of tools commonly associated with the intent to commit burglary without requiring that the individual has committed the actual act.

The charge is appropriate based on the legal standard known as probable cause, which indicates that there is a reasonable amount of suspicion to believe that the person is planning to commit a crime. Terry v. Ohio allows officers to act on reasonable suspicion, and while the man has not breached any property, the tools themselves signify a potential threat.

Charging for possession ensures that the law is enforced before a type of breaking could occur while respecting the individual's legal rights until further evidence may or may not surface regarding the intent to commit an actual burglary. This preemptive action serves as a deterrent and a method for the police to intervene while not unduly infringing on the rights of the individual.

User Simon Urbanek
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