Reference no: EM133711844

Assignment:

Read this account of a criminal investigation and evaluate its effectiveness: In a California city, two janitors showing up for work were met at the door of the restaurant they were to clean by two armed men. One janitor was taken inside; the other escaped and notified the police. When the police arrived, both suspects were outside the building in different areas and claimed they knew nothing of a crime being committed.

Inside, the one janitor was tied up in the kitchen, unharmed. The safe had been punched open. A substance believed to be safe insulation, along with paint chips, was found in the trouser cuffs and shoes of both suspects. Both janitors made a positive field identification of the two suspects. Laboratory analysis of the substance found in the suspects' clothing and shoes matched a comparison sample of the safe insulation, and the paint chips matched the top two layers of paint on the safe. The men were charged with burglary.

Questions

1. Was it legal to take the men into custody?

2. Was field identification appropriate?

3. Were the men arrested on scene for probable cause?

4. Was a warrant issued for the clothes, or was consent given?

5. Was it legal to submit the safe insulation and paint chips for laboratory analysis?

6. Was the charge correct? If not, what is (are) the correct charge(s)?

7. What additional evidence should have been located and seized?