Question about police procedure

josephperin · May 22, 2016

I have a character suspected of murder (falsely) in NYC around the late 80s / early 90s.

1) can he be arrested on probable cause even if all evidence so far is circumstantial?
2) if he's thought to be a flight risk, would that make a difference in arrest decision?
3) How long can he be held without bringing him before a judge?
4) can a judge confiscate his passport? What if he has likely other ways of leaving the country? Say multiple passports under other names? Would he be placed under electronic surveillance?

Finally, is there a website which lists step by step from suspicion to arrest to trial to being thrown in jail?

Thx in advance.

jclarkdawe · May 22, 2016

josephperin said:
I have a character suspected of murder (falsely) in NYC around the late 80s / early 90s.

1) can he be arrested on probable cause even if all evidence so far is circumstantial? Yes, as long as there is probable cause.
2) if he's thought to be a flight risk, would that make a difference in arrest decision? It may cause them to move faster than normal. It makes a bigger difference for bail.
3) How long can he be held without bringing him before a judge? Twenty-four hours, with some significant exceptions. This is from when they arrest him. Forty-eight hours for holding him prior to charging him.
4) can a judge confiscate his passport? What if he has likely other ways of leaving the country? Say multiple passports under other names? Would he be placed under electronic surveillance? Murder suspects rarely get bail. Electronic bracelets weren't in common use in your time period. Passports can be required to be turned in before bail is granted. If he is suspected of having multiple passports, the chances are him getting bail for murder makes a snowball in hell chances seem pretty good.

Finally, is there a website which lists step by step from suspicion to arrest to trial to being thrown in jail? Probably, and there are books for writers as well.

Thx in advance.

Jim Clark-Dawe

Bing Z · May 22, 2016

A good reference book, especially given your period and location, is Manhattan North Homicide by retired NYPD homicide detective Thomas McKenna.

cmhbob · May 22, 2016

Also check out Police Procedure and Investigation, by Lee Lofland

josephperin · May 23, 2016

Thanks. Rep'd you.

I was hoping to use electronic surveillance. Back to plotting.

jclarkdawe · May 23, 2016

Electronic surveillance was definitely not the norm back then, but may have been possible, depending upon the exact year. Rikers was also very over crowded at that point and that sometimes can be used. Problem is that murder is rarely a bailable offense. Only way it's going to happen in NYC in that period is educated, money, and white. Staten Island is your best shot. THE BONFIRE OF THE VANITIES was written in 1987 and is pretty accurate.

Jim Clark-Dawe

Squirrel on a Ledge · May 27, 2016

There's also the possibility of some overzealous cop who is concerned the suspect is a flight risk trying to surveil him on his own time (if you need an obstacle for your plot).

leifwright · May 27, 2016

josephperin said:
I have a character suspected of murder (falsely) in NYC around the late 80s / early 90s.

1) can he be arrested on probable cause even if all evidence so far is circumstantial?

Definitely.

josephperin said:
2) if he's thought to be a flight risk, would that make a difference in arrest decision?

Probably not. It would, however, enter into the decision on whether to assign bond and how much.

josephperin said:
3) How long can he be held without bringing him before a judge?

Generally, an initial appearance is within 24 hours of arrest.

josephperin said:
4) can a judge confiscate his passport?

Judges are extremely powerful. Yes, a judge can confiscate someone's passport, though they wouldn't do it in person; they would order police officers or deputies to do it.

josephperin said:
What if he has likely other ways of leaving the country? Say multiple passports under other names? Would he be placed under electronic surveillance?

In the 80s? Probably not.

josephperin · May 30, 2016

Thanks to all who gave suggestions.

I found this on the ABA website. Other may find it useful. If you go one page back, there are links to different sorts of trials and the steps in each.

I'm sure there must be a thread where this can be posted, but since I can't seem to locate it, posting it here. If anyone knows, feel free to copy/paste.

http://www.americanbar.org/groups/p...tion_network/how_courts_work/casediagram.html

blacbird · May 30, 2016

josephperin said:
step by step from suspicion to arrest to trial to being thrown in jail?

You have the sequence of probable events wrong here. It would go arrest to jail to court proceedings.

caw

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