Question about Law and Warrants - USA

It's a little unclear to me who has done what incriminating who?

When you say they boys aren't legally fostered, what exactly is the situation there? Does it have anything to do with the incriminating evidence against the officer?

Also, what country/state does this take place in? That will make a huge difference as to procedure and the legality of what your characters are doing. In some states the officer could be charged with kidnapping or harboring a runaway depending on the circumstances of the boys he's got in his home.

My first question is why would the officer "set up" safe deposit boxes? That seems expensive (monthly fees? and why, what do they need them for?) and illogical to me...so maybe start there?

Also, make sure a murder suspect would be granted bond - even on house arrest - that always makes my eyebrow raise - especially because each state has specific ways it handles juvelines charged with murder, and you will need to be very clear you know what the state you have set this in would do. (ie, start in juvenile court and waived to adult court? automatically sent to adult court, and possible moved to juvenile court? no juvenile court at all? And 16? With no legal "foster"? What home has he been released to? if he doesn't have a legal parent or guardian, he is staying in state custody. )

Lastly, why are the safe deposit boxes even needed? It feels like an odd plot device - maybe explain the purpose, and those answering can offer insights and alternatives.

As for the specific questions:

1. What laws has the brother broken? How serious are they?

Planting evidence in someone else's house, then "turning him in" - depends on the state, but definitely that state's version of false report to a police officer, maybe tampering with evidence, maybe breaking and entering, maybe conspiracy if anyone else was involved... simple answer, he's in a lot of trouble - not murder level, but serious.

2. Do police need a warrant to get into the younger brother's box BEFORE they find out about the other evidence planted?

They would need a warrant, or the permission of the younger brother's parent or guardian or a court appointed guardian ad litem - he's a juvenile, so I'm not sure he can consent - unless he's been legally emancipated, and even then, I'm not sure.

3. How long does a warrant take to be granted?

Warrants are always an "it depends" question - depends on state law and procedures, but sometimes very quickly.

4. How do they get into the box with a warrant? (meaning does the warrant specify which officers? Just the county?)

Permission of the minor's guardian or parent or guardian ad litem.

5. If the 16 year old gives permission to get into the box, do they still need a warrant? If not, and he's on house arrest, would he go to the bank with them?

See above.


~suki

Dani said:

Ergh sorry I'll explain better

The kids were taken in by a cop when they were 16 and 12 respectively. They lived with him 4 years until his death.

After the cop's death the older boy finds incriminating evidence belonging to both the cop and the family friend. It was hidden in a safety deposit box teh cop had set up for him when he first was fostered.

He took that evidence and placed it in the family friend's house, then turned the guy in.

It's around six weeks after the foster father dies that the friend is murdered. The younger brother is arrested for the crime and one of the police officers (the love interest) has been made aware of the set-up. However the new cop is also the love interest and hides the crime.

A week later they find out the older cop has set up another safety deposit box under the younger brother's name.

The story takes place in Colorado. =D Thanks for reminding me.

Click to expand...

So he created the safe deposit boxes specifically to hold evidence he wanted the two boys to have? And they didn't know? How were the fees being paid?

And now it seems clear that the 16 year old has no legal parent or guardian, so he's going to stay in state custody...of some sort.

Dani said:

Wow such fast responses!
@ Suki:
-Saftey deposit boxes are around twelve dollars a month - not terrifically expensive.

I know the costs - but I was focused on logistics - to help with thinking through the plot. So, who is paying the fee after the police officer dies? And look into how the box would be titled - because a lot of account or boxes opened in the name of a minor, is going to have a named custodian... you don't need to answer here, just make sure you are very clear that he would even be able to open the box in the kids' names, and then how they escape the probate of his estate, and the fees paid, etc. ETA: Seems whether a bank can lease a box to a minor of have one held in the name of a minor is a matter of state law - and some banks won't because of the voidability of contracts with a minor - but you know your state, so just check your state's laws on these issues, if you haven't already - I'd actually call a bank and ask But if you have already, carry on.

-I did research on murder cases in colorado and house arrest. It's actually pretty common esp before a preliminary hearing. (iirc).

For juveniles charged with murder? And my point was, if the police officer had unofficially taken the boys in, then the boy who has been arrested has no legal guardian - he's a ward of the state - in the state's eyes he has no "home" to be confined in. He would be held in a facility of some kind unless the court appointed him a guardian and released him to that guardian's custody - then he could maybe be on hosue arrest.

Thanks for your answers, but not entirely sure they fully answered the question. I guess I should have specifically stated: How do they physically get into the box?

If they have a warrant, they just go to the bank with the warrant.

If permission is needed, I would think a form would suffice, probably a notarized form - probably a release or affidavit - and I'd look at bank websites to see if they have a standard form out there to give someone else access to your safe deposit box.

Click to expand...

~suki