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MonaLeigh
05-17-2010, 11:43 PM
If a girl shoots someone then police kill her, is there still an investigation?
Would her laptop be confiscated and returned?
Would her sister's laptop be taken if she's not involved at all?
What else, if anything, would be taken from the deceased girl or her house?
Thanks!

ajkjd01
05-18-2010, 01:07 AM
1. Yes. Because you have to determine whether the shooting was a "good" shooting. Was the force used justified? And just 'cause she's dead is no reason to stop an investigation. What happens if she really didn't do it, but they stopped the investigation because their lead suspect was dead? You'd still have a killer on the loose.

2. Unless the laptop was directly related in the shooting, likely not, unless there's some reason to believe it contains evidence related to it. And would probably still need a warrant for a search of it, especially if she's not the only user on it.

3. If she's not involved at all, there'd be no reason to take the sister's laptop.

4. Better question...where did the shooting take place? It makes a difference as to whether they are merely investigating the underlying crime, or if the police shooting happened at her house. In that case, there's going to be more evidence there that they would need to examine.

Monlette
05-18-2010, 01:24 AM
If a girl shoots someone then police kill her, is there still an investigation?
Would her laptop be confiscated and returned?
Would her sister's laptop be taken if she's not involved at all?
What else, if anything, would be taken from the deceased girl or her house?
Thanks!

1) Absolutely. Any time lethal force is used there is always an investigation.
2) If the police had a warrant.
3) Same. The warrant might be worded in such a way to seize all computers in the household.
4) Anything the police believe might help in the investigation.

I've found that a good source for information is the Media Relations representative for your local police department. You won't believe how much of what comes out of hollywood is just flat out wrong. But we accept it because we've seen it a thousand times before. The police were extremely helpful for my questions regarding my protagonist's arrest and interrogation for a murder she didn't commit, even going as far as telling me that my plot wouldn't work if it required her getting out on bail since she wouldn't be eligible.

The sheriff's department was even more helpful on the details of her incarceration. They even offered up a couple of ideas on how to get around the bail issues brought up by the police.

MonaLeigh
05-18-2010, 01:35 AM
Thanks to both of you!

ajkjd01, the girl shoots her boyfriend in school, then she is shot on her front lawn by police.

Monlette, Great idea about contacting police department. Thanks!

cbenoi1
05-18-2010, 01:50 AM
http://www.amazon.com/Howdunit-Book-Police-Procedure-Investigation/dp/1582974551/ref=pd_sim_b_1

-cb

JulieHowe
05-18-2010, 04:36 AM
The following link is to a brief article summarizing the findings of an officer-involved shooting resulting in the death of a thirteen-year-old car thief. There was a long and contentious investigation, and it was ultimately determined the police officer shot and killed the suspect in self-defense.

da.lacounty.gov/pdf/garciaois.pdf

ajkjd01
05-19-2010, 12:00 AM
Just following up...the suggestion to contact your local law enforcement's media relations agent is a good one, but if you're in a small town, your LE agency probably doesn't have one of those. Nothing wrong with calling the local agency and asking to speak to either the elected sheriff or the police chief and asking them if they would answer your questions or if they could refer you to an officer/deputy who could.

MonaLeigh
05-20-2010, 01:56 AM
Thanks!

Aztecsince79
05-28-2010, 06:34 AM
BTW, for all crime and punishment writers out there, your cop source is wrong about bail. All defendants are entitled constitutionally to bail unless the circumstances are so egregious and the person is such an utter threat that public safety demands that a no-bail status be placed on the defendant by a judge.

Prosecutors do ask for no bail on murder cases sometimes, and sometimes they get it from the judge. Other times they don't. Most often, the prosecutor asks for ridiculously high bail in the millions of $$$ and sometimes the judge oks it. Depends on the defendant's level of danger to the community or whether he's a flight risk.

Mac H.
05-28-2010, 02:44 PM
BTW, for all crime and punishment writers out there, your cop source is wrong about bail. All defendants are entitled constitutionally to bail unless the circumstances are so egregious and the person is such an utter threat that public safety demands that a no-bail status be placed on the defendant by a judge.That is not correct.

For a start, bail is covered by Chapter 207 of Title 18 rather than the constitution.

And the rules don't talk about 'an utter threat that public safety demands' ..

To quote:


The judicial officer shall .. take into account the available information concerning—

(1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence ..

(2) the weight of the evidence against the person;

(3) the history and characteristics of the person, including—
____(A) the person’s character, physical and mental condition, family ties ...
____(B) whether, at the time of the current offense or arrest, the person was on probation, on parole, or on other release ...

(4) the nature and seriousness of the danger to any person or the community that would be posed by the person’s release.

The list of Bail amounts in LA is listed here:


http://www.lasuperiorcourt.org/bail/pdf/felony.pdf


And if you look at the Bail amount set for LA Superior Court for murder it includes :


187 MURDER - with special circumstance .................................................. .........NOT BAILABLE
The 'special circumstances' listed in section 190 include murder for financial gain as well as some pretty obscure other options - such as if the victim was a driver of a public cable car !

Mac

shaldna
05-28-2010, 04:02 PM
If a girl shoots someone then police kill her, is there still an investigation?
Yes. There will always be an investigation, more because two people are dead. It will have to be investigated whether she actually killed the person, and then there will be an investigation into the police killing her.


Would her laptop be confiscated and returned?

It depends. Personal effects like phones and computers are routinly taken where there is suspcion that they might contain information relevant to what happened. The family would only get the personal effects back after the investigation has finished.


Would her sister's laptop be taken if she's not involved at all?

See above.


What else, if anything, would be taken from the deceased girl or her house?

Again, it depends. For instance, if this is suspected to be a premeditated murder, gang related or pact or something, or other people are suspected of being involved, then they will most likely take all computers, phones, mp3, game consoles - anything capable of storing a file - people can get really creative when they are under pressure.

They can take books and files - if a suspect has 200 books on bomb making then that's a worry there.

Paperwork, postal correspondance, diaries, memo pads. You name it.

shaldna
05-28-2010, 04:06 PM
BTW, for all crime and punishment writers out there, your cop source is wrong about bail. All defendants are entitled constitutionally to bail unless the circumstances are so egregious and the person is such an utter threat that public safety demands that a no-bail status be placed on the defendant by a judge.

Prosecutors do ask for no bail on murder cases sometimes, and sometimes they get it from the judge. Other times they don't. Most often, the prosecutor asks for ridiculously high bail in the millions of $$$ and sometimes the judge oks it. Depends on the defendant's level of danger to the community or whether he's a flight risk.


That's certainly not the case here. Judges can, and often do, refuse to set bail. particularly if the defendant is considered a flight risk or a danger to himself or someone else. They will also consider the charges and previous history.

So, if you're a three time convicted killer with a history of drug dealing and domestic violence, and you are suspected of shooting a cop, then you'd better not drop the soap.

But if you're a squeaky clean investment banker who's been charged with fraud, then you'll probably be released pending trial.

Aztecsince79
05-29-2010, 09:27 AM
True but your examples are the egregious conduct I refer to. I've seen plenty of judges refuse to set bail, and others who do set bail in murder cases -- though for very high dollar amounts.


That's certainly not the case here. Judges can, and often do, refuse to set bail. particularly if the defendant is considered a flight risk or a danger to himself or someone else. They will also consider the charges and previous history.

So, if you're a three time convicted killer with a history of drug dealing and domestic violence, and you are suspected of shooting a cop, then you'd better not drop the soap.

But if you're a squeaky clean investment banker who's been charged with fraud, then you'll probably be released pending trial.