Skip to main content
A Better Partnership
January 29, 2011

COA Opinion: Under the possession of burglar's tools statute the term depository includes motor vehicles

In People v. Osby the Court of Appeals held that under MCL 750.116 the term depository includes motor vehicles. MCL 750.116 prohibits the possession of burglar's tools, which it defines as tools used to force or break open 'any building, room, vault, safe or other depository.' Defendant was convicted under the statute for carrying a 'window punch,' which the police believed was used to break car windows. On appeal defendant argued that there was insufficient evidence to convict him because the burglar's tools statute does not include a reference to motor vehicles. The Court of Appeals affirmed his conviction finding that the term depository is a catch all phrase that includes motor vehicles. The Court noted that Black's Law Dictionary 9th ed. defines depository as 'a place where one leaves money or valuables for safekeeping' and went on to reason that the average person locks a vehicle and assumes that the contents will be relatively safe.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset