You are on patrol and it's late, about 2:00 AM, and very slow. Suddenly you hear a call for a robbery in progress and it's only one block from your location. You answer over the radio that you are responding and as you round the corner you observe a subject running from you. You pass the victim that positively identifies the suspect by yelling "There he goes.." and pointing at the suspect running. You find out that the suspect has robbed the victim of $20.00 cash but left the credit cards and a check in the victim's wallet. However, due to the suspect's head start it is clear that you won't be able to catch him. It was a strong arm robbery.About half an hour passes by and you get a call from a store clerk saying that she has been watching the news and said the same thing happened to her a week before. You respond to her store and she provides you with a picture of the same person as you had seen before from the first video tape. But, this time the suspect allowed himself to be captured on video tape.
Six hours have now passed but you finally have a location of the suspect. What is your next course of action and why?
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4 comments:
Go get him? Because?
You can arrest him on site because it is a felony charge.
I would get an application on the suspect. First I would get the video tape from the store and then do a line up based on who she I thought was on the video tape to the actual suspect involved in the second incident.
The answer to this question depends on additional facts. If the defendant's current location is inside a residence, then the best course of action is to make application for an arrest warrant so as to make legal entry into the residence or building. If an arrest is made within a residence absent a warrant, there's more than a substantial risk that any statements made by the defendant or any evidence seized in plain view or seized as a result of a statement will be suppressed.
Unless there is a substantial risk of danger to others or another type of exigency, it would be advisable to make a still photo of the defendant and construct a photographic array to show to the victim in order to secure a positive identification. It would also be advisable to obtain a search and seizure warrant for the defendant's residence to search for evidence and contraband.
Six hours is pushing the limit for any type of "show up" identification for the most recent victim/witness. It would not be advisable to attempt a "show up" under these facts.
If the defendant's current location is "on the street", then a warrantless arrest could be made, followed by the photographic array and a search warrant. However, courts always resolve issues more favorably to law enforcement if there's been a presentation of facts/probable cause to a judicial officer for determination.
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