Project #196023 - MID

Law Tutors

Subject Law
Due By (Pacific Time) 08/12/2017 09:00 pm

Using the scenario below for information, complete the Barnett State Incident-Based Report (IBR) form (ATTACHED) and Search Warrant Application. (ATTACHED).  Please leave any non-applicable fields on the IBR form blank.

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Scenario

Original Call for Service:
Burglary in progress 
Location: 321 Main Street, Barnett, Barnett State, 23456  
Date: March 23, 2015
Time of Call: 8:20 p.m.
Caller: James Shaw (witness)
Caller Address: 323 Main Street, Barnett, Barnett State, 23456

Witness Statement (James Shaw): The neighbor across the street, James Shaw, stated he was taking out his trash around 8:15 and heard the sound of breaking glass. He looked across street to where the sound was coming from and saw a person who was dressed in what appeared to be black clothing, was of a slender build, and about average height entering his neighbor’s home through the front window at the right side of the home.

Officer Observation: You are the officer examining the scene and observed the front, right window of the home with glass that appears to have been broken inward from the outside. There are several shards of glass on the window-sill and on the ground directly below the window.  Furthermore, you discover a wallet lying on the ground next to some of the broken glass. You open the wallet and find a driver’s license with the name Jason Smith. The address on the license is 321 Main Street. A female arrives at the house around 8:45 p.m. She identifies herself as Sally Smith and states she lives in the residence.

Victim Statement (Sally Smith): During your interview of Sally Smith, you ask her if she knows who Jason Smith is and she states that he is her estranged husband. You ask if she knows why he would have entered the home through the window, and she says that she refused to give him access to her checking account and he may have broken into the home to get her account number or checks. She tells you that Jason has been living with his mother at 111 State Street in Barnett. You then enter the home with Ms. Smith who states that her checkbook is missing from its usual location in the kitchen drawer and again she states she believes Mr. Smith has taken it. You ask if Mr. Smith was aware of the location of the checkbook and she stated that she “believed so.” 

You then call for backup and proceed to the home of Mr. Smith’s mother at 111 State Street.

Suspect Interview (Jason Smith): Upon arrival, you find Jason getting out of his vehicle parked in the driveway of his residence. You ask him if he was at his estranged wife’s home at 321 Main Street earlier this evening. He denied being at the residence. You then ask him about his wallet being found outside the window where Mr. Shaw indicated he saw a male figure enter the home.  Mr. Smith stated he had been at the home earlier that day, around 9:00 a.m. looking at the window because Ms. Smith stated that it was broken and she had asked him to fix it and his wallet must have fallen out during that inspection. He stated that the window was already broken at 9:00 a.m. that morning, but he didn’t break it, “It was already like that when I got there this morning.” 

You then explain that Ms. Smith indicated that she and he had gotten into an argument about him wanting her checking account number and/or checks, to which she refused and that now her checkbook was missing. Mr. Smith became visibly upset and slammed his hand on the hood of his vehicle and said, “That witch is always trying to jam me up, I don’t have her darn checkbook!”  You then ask if he knew the usual location of where she kept the checkbook and he stated that she always kept it in the kitchen drawer.

At this time you request a search of Mr. Smith’s vehicle for the missing checks and his mother’s home, to which Mr. Smith denies access. You explain to him that you can obtain a search warrant for the missing the checkbook, to which he tells you, “Go ahead.” 

Witness Interview (Mary Smith, Suspect’s Mother): During your conversation with Mr. Smith, Mary Smith, Mr. Smith’s mother comes out and asks what is going on. You explain what was alleged to have occurred at Ms. Smith’s residence this evening, to which she states, “My son didn’t break into his own house, why would he do that, he still has a key.”  Ms. Smith indicates that her son just got home from work, but that he went over to Ms. Smith’s residence to look at a broken window earlier this morning around 9:00 a.m. She relates that her son and Ms. Smith are currently going through a divorce and custody battle and that Ms. Smith has called the police on her son several times accusing him of several other alleged crimes, all of which he has been cleared. You then ask Ms. Smith if you can search her residence for the alleged missing checkbook and she states that you have her permission to do so. You complete a search of the residence and find no checkbook.

Continued Suspect Interview (Jason Smith): You go back and speak with Mr. Smith about what his mother said about the pending divorce proceedings, custody battle, and continued police involvement for alleged other crimes. Mr. Smith stated that his soon to be ex-wife has accused him of domestic assault/battery, child abuse, and vandalism, all of which were investigated thoroughly and closed without arrest or incident. He stated that this is Ms. Smith’s continued harassment and way to take his kids away from him. He also explained that he was at work all day and the last time he was at his ex-wife’s house was from 9:00-9:30 a.m. when he looked at the broken window. He said he had to be to work by 10:00 a.m. at AutoZone and that he got off at 6:00 p.m. and went to run errands around town. You explain that the easiest way to conclude this issue is to allow you to search his vehicle and his person, to which he says, “There is no way in hell I am going to let her have this much power, get a damn warrant!” 

Other Actions: You contact dispatch and request all information about calls for service relating to all the involved parties and they relate that there have been a total of 25 calls for service alleging domestic battery, domestic assault, vandalism, and child abuse all within the past two months.  They also stated that no arrests were made for any of those investigations.

You then call the Commonwealth Attorney to explain what has occurred to request a warrant to search Mr. Smith’s vehicle and person, which was secured at 11:30 p.m. A vehicle search was conducted and no checkbook, checks, or account number information were located within the vehicle. A search of Mr. Smith was also conducted, and no checkbook, checks, or account number information were located.

Hints:

Using lecture information and previously completed incident reports and narratives, you know by now that a well written report should include the following information and must be presented in this exam: 

  1. Location of incident
  2. Date of incident
  3. Time of call
  4. Reporter and reporter’s address
  5. Witness(s) Statements
  6. Victim(s) Statements
  7. Officer Observations
  8. Evidence Seized
  9. Arrests made (if any) and transport information
  10. Search Warrant Affidavit applied for

Based on lecture information and previously completed Search Warrant Affidavit experience, you know that a well written and approved search warrant should include the following information which must be included in this exam:

  1. Name, address and brief description of the person, property or premises to be searched
  2. Officer name and title
  3. Description of person or property to be seized as it is:

    1. Evidence of a crime
    2. Contraband
    3. Property designed for use of, intended for use of, or used in committing a crime
    4. Person to be arrested or a person who is unlawfully restrained, concerning a violation of…
  4. Section number and penal code information

  5. Facts supporting the finding of probable cause
  6. Signature of Affiant

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