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Sigh. I've spent the last two days all over the internet on all kinds of legal forums and websites etc. etc.--and including extensive searches here--trying to see if I can find a good way to do this, or if the way I want to do it works, or what. So I'm hoping somebody can help me out.
Background situation: A series of murders are occurring in a small Indiana town. My MC has met my hero; he informs her that the murders are paranormal in nature, and she knows this is true. (I'm trying to shorten it all here, obviously.) The hero is, essentially, a criminal known to the police. He's been away from the town but returned just before the murders started. His priors are mostly theft and various non-violent offenses, but there are one or two assaults in there.
Okay. Here's my problem. I want him taken in for questioning or arrested. I could have him arrested for the murders, but A) the fact that his return to town coincides with the murders isn't really enough probable cause/reasonable suspicion for them to actually arrest him, is it, even without a warrant?; and B) I need him out by nightfall, and given that this is a string of murders I can't see any judge granting bail to a suspect--especially not one with prior violent offenses, no matter how "small" they were (we're talking barfights resulting in fines/probation here, not stranger attacks or anything of that nature, and no crimes against women at all--another reason I'm hesitant about probable cause/reasonable suspicion for arrest). I mean, he has a good lawyer, but that just seems to me like stretching it.
So those are my main concerns with an arrest for the murders--if they're going to issue a warrant to arrest him for such, don't they need more proof than "Well, he showed up in town (which is his hometown, btw, and he has extensive ties there, he's not a drifter) and suddenly innocent coeds are dying?" and I need his release later that day to be realistic. And if they don't issue a warrant but arrest him anyway...they know he has a good lawyer and might be opening themselves up to disciplinary action for lack of probable cause, so I'd think they'd be sticklers there.
I know if they bring you in they have 24 (or 48) hours to either charge you or release you, but again, is that only for actual arrests or is that if they bring you in for questioning as well? If you're a Person Of Interest, do they arrest or detain you for questioning or is that just a term people use? I often see "So-and-so is wanted for questioning in Crime X," and sometimes the WFQ person is a witness and not a suspect; can they compel a WFQ person to come in, or is that, again, just a term used that makes the person believe they have to come in when it really doesn't mean that? What is the difference between "held on suspicion" and "arrested," since there seems to be one, and if you're being held on suspicion, what do the police say? Do they come to your house and say, "We're detaining you for questioning?" Can they? Can they issue a warrant to question you? (I don't see any way they could make Material Witness stick.)
I'd really like to find a way for them to compel him to come in for questioning--he's not going to say anything, he's very familiar with his rights for obvious reasons and called his lawyer the second the cops drove up--but I'm pretty sure the only way they can actually do that is by arresting him. Otherwise, he can just tell them this isn't a good time or whatever, is that correct?
How about if they arrest him for something else, a lesser charge--I mean, I know they can do this, and they can do it with the intent of questioning him about the murders/putting pressure on him, but I'm hoping to find a way to make it clear at the time they show up that it's the murders they're interested in. (I realize it may not be possible and I may need for that to become clear to my heroine in the next scene.) And again, my concern is that whatever lesser charge they arrest him on (and I have several options there), they won't release him by nightfall.
I considered making him a parolee or probationer, but it's my understanding that while parolees/probationers must consent to searches at any time without prior notice, they are still not required to consent to appear for or go in for questioning (whether or not they intend to invoke Miranda).
This is a really minor point in the story--all that matters is the police get involved--but it's one of those minor points that so much hinges on, and it's driving me crazy.
Any ideas?
Thanks!
Background situation: A series of murders are occurring in a small Indiana town. My MC has met my hero; he informs her that the murders are paranormal in nature, and she knows this is true. (I'm trying to shorten it all here, obviously.) The hero is, essentially, a criminal known to the police. He's been away from the town but returned just before the murders started. His priors are mostly theft and various non-violent offenses, but there are one or two assaults in there.
Okay. Here's my problem. I want him taken in for questioning or arrested. I could have him arrested for the murders, but A) the fact that his return to town coincides with the murders isn't really enough probable cause/reasonable suspicion for them to actually arrest him, is it, even without a warrant?; and B) I need him out by nightfall, and given that this is a string of murders I can't see any judge granting bail to a suspect--especially not one with prior violent offenses, no matter how "small" they were (we're talking barfights resulting in fines/probation here, not stranger attacks or anything of that nature, and no crimes against women at all--another reason I'm hesitant about probable cause/reasonable suspicion for arrest). I mean, he has a good lawyer, but that just seems to me like stretching it.
So those are my main concerns with an arrest for the murders--if they're going to issue a warrant to arrest him for such, don't they need more proof than "Well, he showed up in town (which is his hometown, btw, and he has extensive ties there, he's not a drifter) and suddenly innocent coeds are dying?" and I need his release later that day to be realistic. And if they don't issue a warrant but arrest him anyway...they know he has a good lawyer and might be opening themselves up to disciplinary action for lack of probable cause, so I'd think they'd be sticklers there.
I know if they bring you in they have 24 (or 48) hours to either charge you or release you, but again, is that only for actual arrests or is that if they bring you in for questioning as well? If you're a Person Of Interest, do they arrest or detain you for questioning or is that just a term people use? I often see "So-and-so is wanted for questioning in Crime X," and sometimes the WFQ person is a witness and not a suspect; can they compel a WFQ person to come in, or is that, again, just a term used that makes the person believe they have to come in when it really doesn't mean that? What is the difference between "held on suspicion" and "arrested," since there seems to be one, and if you're being held on suspicion, what do the police say? Do they come to your house and say, "We're detaining you for questioning?" Can they? Can they issue a warrant to question you? (I don't see any way they could make Material Witness stick.)
I'd really like to find a way for them to compel him to come in for questioning--he's not going to say anything, he's very familiar with his rights for obvious reasons and called his lawyer the second the cops drove up--but I'm pretty sure the only way they can actually do that is by arresting him. Otherwise, he can just tell them this isn't a good time or whatever, is that correct?
How about if they arrest him for something else, a lesser charge--I mean, I know they can do this, and they can do it with the intent of questioning him about the murders/putting pressure on him, but I'm hoping to find a way to make it clear at the time they show up that it's the murders they're interested in. (I realize it may not be possible and I may need for that to become clear to my heroine in the next scene.) And again, my concern is that whatever lesser charge they arrest him on (and I have several options there), they won't release him by nightfall.
I considered making him a parolee or probationer, but it's my understanding that while parolees/probationers must consent to searches at any time without prior notice, they are still not required to consent to appear for or go in for questioning (whether or not they intend to invoke Miranda).
This is a really minor point in the story--all that matters is the police get involved--but it's one of those minor points that so much hinges on, and it's driving me crazy.
Any ideas?
Thanks!
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