Melinda And Jake's Case: Discussion Questions
1. What might you be looking for?
I am looking for evidence as to where she went the night of the murder. I am also looking for physical evidence such as clothing with blood on it, or items that might be used to start a fire. Lastly, I would check to see if there were cigarettes in her car that match the butt found on the scene.
2. Should you have read Melinda her rights prior to interviewing her? Why?
No, at this point of the investigation I am not interrogating her, I am merely trying to pin down her alibi for the night in question.
3. Should you continue to look at the papers? Explain.
No, I should not continue looking at the papers. This is a consented search, at any time Melinda can remove her consent. However, I might consider getting a search warrant at some point to …show more content…
I asked Melinda for her consent as to allow me to search her car. However, I would consider a search warrant after she asked us not to look at her personal papers and after we found the receipt on the floorboard.
5. At this point, should you ask Melinda about Jake’s or not? Explain.
No, I would not ask Melinda about Jake’s. I would want to get further information as to when she was at Jake’s and where it is located. Then I would confront her with the information in a controlled environment after I read her Miranda’s rights.
6. Did you have the legal authority to remove the receipt from Melinda’s car? Explain.
No, I don’t feel I have the legal authority to remove the receipt from Melinda’s car. That has moved us from the realm of a causal, consented search into collecting evidence. As such for the integrity of the investigation, I would get a warrant to search her vehicle. At this time though, I have enough information from having looked at the receipt to know that it’s from the date in question, from a place called Jake’s and it’s located in Grand Prairie where Melinda had made several calls to that night.
7. Should you let her go or should you continue to question her?
I am looking for evidence as to where she went the night of the murder. I am also looking for physical evidence such as clothing with blood on it, or items that might be used to start a fire. Lastly, I would check to see if there were cigarettes in her car that match the butt found on the scene.
2. Should you have read Melinda her rights prior to interviewing her? Why?
No, at this point of the investigation I am not interrogating her, I am merely trying to pin down her alibi for the night in question.
3. Should you continue to look at the papers? Explain.
No, I should not continue looking at the papers. This is a consented search, at any time Melinda can remove her consent. However, I might consider getting a search warrant at some point to …show more content…
I asked Melinda for her consent as to allow me to search her car. However, I would consider a search warrant after she asked us not to look at her personal papers and after we found the receipt on the floorboard.
5. At this point, should you ask Melinda about Jake’s or not? Explain.
No, I would not ask Melinda about Jake’s. I would want to get further information as to when she was at Jake’s and where it is located. Then I would confront her with the information in a controlled environment after I read her Miranda’s rights.
6. Did you have the legal authority to remove the receipt from Melinda’s car? Explain.
No, I don’t feel I have the legal authority to remove the receipt from Melinda’s car. That has moved us from the realm of a causal, consented search into collecting evidence. As such for the integrity of the investigation, I would get a warrant to search her vehicle. At this time though, I have enough information from having looked at the receipt to know that it’s from the date in question, from a place called Jake’s and it’s located in Grand Prairie where Melinda had made several calls to that night.
7. Should you let her go or should you continue to question her?