Even though vehicle technology is becoming more sophisticated every year, auto theft is still common. It’s been estimated that as many as 90% of all auto thefts involve the use of a device called an Auto ProPAD.
These devices can program a blank key fob to be used to enter and operate a vehicle. They’re sometimes used to steal multiple vehicles from dealership lots. Large pickup trucks are particularly common targets here in Michigan.
What does Michigan law say?
Michigan law has stiff penalties for possession of an AutoProPAD with intent to use it and even harsher penalties for those who do use it to steal a vehicle. Note that locksmiths and those whose jobs require them to use these devices for legitimate purposes can legally possess them.
The law states that anyone who knowingly possesses an “electronic device or tool that is designed or adapted to unlock or turn on a motor vehicle, with the intent to steal a motor vehicle is guilty of a felony punishable by imprisonment for not more than 5 years.”
It also states that anyone who “in association with another individual or group of individuals as part of a criminal organization, knowingly possesses…an electronic device or tool that is designed or adapted to unlock or turn on a motor vehicle, with the intent to steal more than 1 motor vehicle is guilty of a felony punishable by imprisonment for not more than 10 years.” The same consequences apply if someone possesses or uses other devices or substances that can be used to break into, unlock or operate a vehicle illegally.
Proving intent to use
Any criminal offense that involves intent can be challenging for prosecutors to prove. However, if someone is found with an AutoProPAD who doesn’t appear to have any legitimate purpose for it, that can be problematic. Certainly, if it’s found at the scene of what appears to be an attempted auto theft or on someone suspected of auto theft, that can be even more difficult to defend.
Regardless of the circumstances at issue, anyone who is charged with any offense related to vehicle theft should get sound legal guidance as early as possible. It’s also important for those charged with a crime to have their own legal counsel to separate themselves from anyone arrested and charged with the same offense in order to more effectively protect their rights.