Minnesota Statutes
Minn. Stat. § 609.59 (2026)
Possession Of Burglary Or Theft Tools
✓ current as of May 2026
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Whoever has in possession any device, explosive, or other instrumentality with intent to use or permit the use of the same to commit burglary or theft may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.
Notes of Decisions
Cited in 12
cases (3 in the last 5 years), 1964–2026 · leading case: In re the Welfare of M.L.M., 813 N.W.2d 26 (Minn. 2012).
In re the Welfare of M.L.M., 813 N.W.2d 26 (Minn. 2012). “committed felony possession of burglary tools in violation of Minn.Stat. § 609.59 (2010); gross misdemeanor theft over $500 in violation of Minn.”
State v. Edwards, 130 N.W.2d 623 (Minn. 1964). “In adopting the 1963 code, the legislature accordingly omitted that clause from § 609.59, which was adopted in place of § 621.”
State v. Brown, 689 N.W.2d 796 (Minn. Ct. App. 2004). “FACTS Appellant was charged with possession of burglary or theft tools, in violation of Minn.Stat. § 609.59 (2002). The state alleged that appellant used a cutting tool to remove a jacket from a department store rack and attempted to take the jacket from the premises.”
Johnson v. State, 486 N.W.2d 825 (Minn. Ct. App. 1992). “Johnson was convicted of possession of theft tools in violation of Minn. Stat. § 609.59 (1990). On appeal, he argues the trial court (1) erred when it failed to honor his request for removal and (2) abused its discretion by denying a new trial based on newly discovered evidence.”
State v. Warner, 696 P.2d 1052 (Or. 1985). “116 (1968), enacted in 1846; Minn Stat Ann § 609.59 (West 1964), enacted in 1894; Miss Code Ann § 97-17-35 (1973), enacted in 1892; Mo Ann Stat § 569.”
United States v. Datcu, 627 F.3d 1074 (8th Cir. 2010). “While any one of these factors alone would not create probable cause, when viewed in their totality and in combination with the concerned citizen’s tip, a reasonable person could believe that a fair probability existed that burglary tools would be found in the SUV.”
Spottswood v. Washington Cnty. (D. Minnesota 2021). “§ 609.59 . (See Dkt. 26 at 1;2 see also Register of Action, State v.”
State of Minnesota v. Willie B. Brown (Minn. Ct. App. 2015). “Whether a defendant possessed the requisite intent under Minn. Stat. § 609.59 “may be drawn from the character of the objects and from the circumstances surrounding [the defendant’s] possession.”
State of Minnesota v. Shawn Patrick Rush (Minn. Ct. App. 2016). “FACTS In January 2015, appellant Shawn Rush was charged with possession of a theft tool in violation of Minn. Stat. § 609.59 (2014). At trial, A.”
State of Minnesota v. Bryon Christopher Hultquist (Minn. Ct. App. 2023). “17, subdivision 1 (2022), and one count of possession of burglary tools, in violation of Minnesota Statutes section 609.59 (2022). The parties tried the matter to a jury over two days in October 2022.”
State of Minnesota v. Jeremy Louis Burrell (Minn. Ct. App. 2026). “Minn. Stat. § 609.59 (2020). A person commits theft when they “intentionally and without claim of right take[], use[], transfer[], conceal[] or retain[] possession of movable property of another without the other’s consent and with intent to deprive the owner permanently of…”
State of Minnesota v. Lue Yang, Appellant.State of Minnesota v. Lue Yang (Minn. Ct. App. 2014). “In August 2013, the state amended the complaint to add a charge of possession of burglary or theft tools, in violation of Minn. Stat. § 609.59 (2012). The case was tried to a jury on two days in August 2013.”
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