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ArtsyAmy
08-01-2014, 07:58 PM
I've been doing story research on interstate extraditions, FBI involvement in interstate cases, ballistics, etc. (Btw, fbi.gov has a wealth of information that others here might find useful.) I'd feel a lot more secure in the accuracy of my writing if I can run it past you all.

The situation: A man takes his gun from his home in Rhode Island, goes to Manhattan, shoots a female celebrity, takes his gun back home with him. Later that day, two NYPD detectives interview the shooting victim in the hospital, show her a photograph that someone took of the gunman. She identifies the man by name and provides his home address. Detectives tell her a police officer will be posted outside her hospital room door. The next day, the detectives come back to the hospital and tell the victim that Rhode Island police picked up the shooter, and he's now in police custody in New York. They also say the police officer will no longer be outside her hospital room. Also that day, the victim finds out (on the TV news) that RI police had apprehended the shooter at his house, held him until NYPD picked him up in RI, and that RI police found the gun in the shooter's home, and the gun is a match for the shooting.

I'm also wondering if the timeline works. Maybe because the victim is a celebrity the case will be high priority, and the process will go faster than it might otherwise? If you could identify any problems, I'd be grateful for the help. Thank you.

ironmikezero
08-01-2014, 08:51 PM
It could work if your arrested suspect waives an extradition hearing in Rhode Island (see link). Otherwise, he is held pending such a hearing. (This assumes no federal charges have been filed.)

http://statutes.laws.com/rhode-island/title-12/chapter-12-9/12-9-30

FWIW, celebrity status does not insure a speedier process. The courts move at their own deliberate pace.

Trebor1415
08-02-2014, 01:00 AM
No way will they have a ballistics match within 24 hours. Crime labs are notoriously backlogged.

And, even if they did have a match, the police likely wouldn't release that info to the press.

Edit: As a general rule, everything regarding police investigations and the legal process moves MUCH slower in real life than on TV. You've outlined an episode of "CSI" or "Law & Order." If that works for you, cool, but if you want more of a "real world" timeline, they'll be lucky if they get the warrant and arrest the suspect within your timeframe.

ArtsyAmy
08-04-2014, 05:56 PM
Thanks, guys! I think I'll probably say that the gun was found and that it's the same kind as used in the shooting, and that the shooter will be extradited.

Thanks again! Rep points coming your way. :)

Trebor1415
08-04-2014, 08:13 PM
Thanks, guys! I think I'll probably say that the gun was found and that it's the same kind as used in the shooting, and that the shooter will be extradited.

Thanks again! Rep points coming your way. :)

How do they know the gun is the same kind used in the shooting at that point?

The shooting victim might be able to describe the gun, but it is doubtful the description would be much more than, "It was a handgun" or "It was a revolver," etc.

If the bullet was recovered it could be matched to the suspects gun later, assuming it wasn't too damaged.

Really, all they could legitimately say was "A gun was recovered." There's just not enough to match it or even say it was the same type of gun, at that point.

cornflake
08-04-2014, 08:21 PM
I've been doing story research on interstate extraditions, FBI involvement in interstate cases, ballistics, etc. (Btw, fbi.gov has a wealth of information that others here might find useful.) I'd feel a lot more secure in the accuracy of my writing if I can run it past you all.

The situation: A man takes his gun from his home in Rhode Island, goes to Manhattan, shoots a female celebrity, takes his gun back home with him. Later that day, two NYPD detectives interview the shooting victim in the hospital, show her a photograph that someone took of the gunman. She identifies the man by name and provides his home address. Detectives tell her a police officer will be posted outside her hospital room door. The next day, the detectives come back to the hospital and tell the victim that Rhode Island police picked up the shooter, and he's now in police custody in New York. They also say the police officer will no longer be outside her hospital room. Also that day, the victim finds out (on the TV news) that RI police had apprehended the shooter at his house, held him until NYPD picked him up in RI, and that RI police found the gun in the shooter's home, and the gun is a match for the shooting.

I'm also wondering if the timeline works. Maybe because the victim is a celebrity the case will be high priority, and the process will go faster than it might otherwise? If you could identify any problems, I'd be grateful for the help. Thank you.

If the shooting victim had been the President instead of a celebrity, this timeline would be way, way, way too fast. It's just not how stuff is done, or can be done, at any level.

I just read the rest of the thread, heh. What Trebor said - how do they know it's the same type of gun?

jclarkdawe
08-04-2014, 10:28 PM
The only way your timeline works is if two New York City detectives drive to Rhode Island, contact local law enforcement, go to the guy's house, the guy lets them search it, and agrees to go back to New York without being arrested. In other words, how big a moron is the defendant?

First off understand no one wants to go to Riker's. It's a cesspool of a jail. I'm not sure I've ever heard one good thing about it. But there's no way someone voluntarily goes there.

Here's the procedure. The New York City detectives go to their district attorney, present evidence to the district attorney, and then the district attorney goes to a judge to get an arrest warrant issued. If the judge agrees, the judge issues an arrest warrant.

Now I don't know how the detectives know the guy lives in Rhode Island. But the detective's choices are to either drive to Rhode Island (if the case is a priority) or forward the arrest warrant to the Rhode Island state police. The Rhode Island police would look at New York's arrest warrant and then ask a Rhode Island judge to issue a fugitive from justice arrest warrant in Rhode Island.

An arrest warrant does not give police authority to search the defendant's house. Unless the gun is in plain view, the police aren't going to go looking for it without a search warrant. That's another trip to a Rhode Island judge.

So the Rhode Island police show up, with or without assistance from New York and arrest the guy. The defendant is now entitled to a hearing within 24 hours. At that hearing, the prosecutor will ask the judge to extradite the defendant to New York. If the defendant agrees (how big a moron is he?), the judge might grant extradition, but more likely will appoint an attorney to represent the defendant and deal with the extradition. I've got to tell you, I'm not going to push very fast as the defendant's attorney for an extradition to Riker's.

Once the Rhode Island judge agrees to extradition, then two officers from the correction's staff at Riker's will drive to Rhode Island to collect the defendant.

The defendant isn't likely to get to Riker's for at least two weeks, and probably much longer.

I had a client that got picked up and sent to Miami-Dade, waived extradition quickly, and still took over a week to get him to New Hampshire. He was calling me daily to get him out of Miami-Dade. Only white boy in his unit and he was scared shitless. Prisoner transport is not a big priority.

Best of luck,

Jim Clark-Dawe

WeaselFire
08-05-2014, 05:12 AM
By the way, a plausible scenario for the ballistics issue is that the RI police found the gun, it's a match in caliber and a box of ammo of the same brand as casings as found at the scene (the manufacturer's mark on the casing is referred to as the "head stamp"). Thumbprints on the brass casings are a common way of tying the shooter to a gun, though they don't hold up in court as well as other evidence ("Yes your honor, it's my gun and I loaded it. But I wasn't in New York and didn't shoot anyone.")

As for stupid crooks, well, most are really stupid. If you need a quick transfer, you can work in a reason, maybe the guy thought he was too smart for the cops and didn't want a lawyer. If you just need a reason to pull the guard detail, have the NYC detectives tell the victim "The Rhode Island cops have our guy in custody so your guard was sent to another detail."

Rhode Island has some strict gun laws concerning carrying a firearm but ownership isn't restricted in the way firearms are Connecticut, Massachusetts or New York. Choosing Rhode Island adds credibility to your story, congrats. :)

Jeff