A companion statute to Missouri’s forgery statute is section 570.100: “Possession of a forging instrumentality” which makes it a crime to possess anything for the purpose of committing forgery. Like forgery itself, possession of a forging instrumentality is a class C felony.There was once a search warrant issued to search a residence and during the search the police turned up a gadget called the “Whizzinator” in the suspect’s dresser drawer.
The “Whizzinator” is worn inside the trousers and is constructed so as to be able to deliver a drug-free urine sample at body temperature. It’s claim to fame, however, is that The “Whizzinator” can fill a specimen jar under the watchful eye of a probation officer without the deception being discovered.
The Whizzinator comes in a rainbow of colors: White, Tan, Brown, Black and Latino. I’m not kidding.
You just load up with certified, drug-free, re-hydrated, simulated urine, activate the included heater pack and strap this baby on.
You are ready for the drug test.
So Back to the story . . . This fellow who had his house searched was already was on probation and required to take regular drug tests. He made the mistake keeping the Whizzinator at home, in the original package which—of course—had his name and address on the outside. That was all it took. He was charged with the possession of a forging instrumentality.
Possession was not an issue, so his attorney attempted to defend her client by asserting that he did not intend to use it for a forgery; i.e that the Whizzinator had other uses. This seemed unlikely, but after scouring the Whizzinator website, she found an obscure testimonial left by one satisfied customer:
I used the Whizzinator at work and it saved my job, and then later that night, I used it on my wife and it saved my marriage.”
That was good for a laugh, but not much else. And being quite guilty of other, unrelated charges, and on his way back to prison, the poor guy pled guilty for concurrent time. Too bad. It would have been an interesting trial.