criminal-law pennsylvania
Is it illegal to possess jiggler keys?
<p>A friend of mine gave me his keys to his vehicle so I could clear off the front seat. My friend was not with me at the vehicle at this time, but I was taking a book bag from the front seat, moving it to the trunk when I was approached by law enforcement and after being detained and being searched and patted down they removed the keys off my belt loop. On the keyring were 7 <strong>jiggler keys</strong> and I was arrested and <strong>charged</strong> with <strong>manufacture etc motor vehicle master keys, possession of an instrument of crime with intent.</strong> Fast forward to my preliminary hearing, and the charge <em>possession of an instrument of crime with intent was <em>dismissed</em></em> but the other was held. Now in the state of <em><strong>Pennsylvania it says that having lock pick tools in your possession can be illegal if used in a crime or intent to be used in a crime.</strong></em> Since the possession of an instrument of crime with intent charge was dropped then wouldn’t that eliminate the other charge and prove my innocence to dismiss the case altogether since possessing the keys isn’t illegal unless used in a crime or with intent?</p>

<p>That's a very poorly written law! Unless they have defined 'fit' elsewhere as completely different to an ordinary interpretation of that word. A master key is designed to <em>operate</em> two or more locks with different normal keys using the same action as a normal key. I assume the omitted exceptions were about vehicle manufacturers or supply chain vehicle handlers or logistics companies who have legitimate reasons for requiring master keys (though I don't know if they actually make these in reality, as they diminish the security of a lock). Possibly locksmiths were included as well, but I doubt it as vehicle companies are not in the habit of granting locksmiths master keys for all their vehicles.</p>
<p>By the above definition, literally any key that fits in the lock is a 'master key'. Even if we assume 'fit' is supposed to imply 'operate as the lock's specific key would', it's still completely absurd to define a jiggler as a 'master key'. You can open a lock with a piece of bent wire if you're determined and skilled enough. Or a drill, for that matter. A jiggler key is a tool ('lockpick tool', and therefore potentially an 'instrument of crime' if you intended to use it as such), not a master key. If you include this in your definition of 'master key', where do you stop? Bent wires? Drills? Someone else's worn car key that doesn't match this vehicle's key but conceivably could be used if jiggled around enough?</p>
<p>If your lawyer can't find suitable precedent refuting this mistaken definition, then you should be able to find a vehicle locksmith who will provide expert evidence that a jiggler is not a master key.</p>

<p>The &quot;manufacture etc.&quot; law seems to be <a href="http://cshawndryer.com/?page_id=350" rel="nofollow noreferrer">this one</a>:</p>
<blockquote>
<p>§ 909. Manufacture, distribution or possession of master keys for motor vehicles</p>
</blockquote>
<blockquote>
<p>(a) Offense defined.– A person commits a misdemeanor of the first degree if he manufactures, distributes, or possesses any motor vehicle master key.</p>
</blockquote>
<blockquote>
<p>[inapplicable exceptions omitted]</p>
</blockquote>
<blockquote>
<p>(c) Definition.–As used in this section “master key” means any key adapted to fit the ignition switch, trunk or door of two or more motor vehicles, the ignition switches, trunks or doors of which are designed to be operated by keys.</p>
</blockquote>
<p>You were in possession of a master key as defined by the law, so you are guilty of the offence.</p>
