Reference no: EM133202119

After examining and reading through the below-listed case file. Place yourself in the shoes of the investigator and as you come to each event of significance explain what you as the investigator are responsible to do, to advise of, and to be watchful for in regard to proper procedure.  For example, if you spoke with someone, you might not have needed to give that person the Miranda warnings. In that case, explain that the warnings were not necessary, and explain why they were not necessary.

Day One - Report Made

You are working at your desk when a case file lands on it from your supervisor - it's a report fielded by the patrol division of a check fraud. James Davidson was balancing his checkbook and found that there was a check in the register that he had not written. The amount is for $700 and was cashed at a local bank. Davidson brought the check and the records into the police department a few days ago and is waiting for an investigator to contact him. He's on vacation this week and is available at his home.

Interview with James Davidson

You call Davidson at his home and he offers to come to the police department to meet with you. You set up a time and he meets with you at the police department, where you have interview rooms available. Davidson comes in and informs you that he left his checkbook on his desk at work every day for the last year. He says that the check that was missing was cashed at a local bank, and was written out to the name "Jacob Jensen" but that he never wrote out such a check. He says that he shares an office with Michael Jensen, but that he has never allowed anyone to use his checkbook or write checks from it before. You record his statement and keep it on file, and Davidson leaves in his own car, telling you he's available for conversation whenever you need it.

Phone Interview with Michael Jensen

You call Davidson's employer and ask if Michael is available. His receptionist says that he is, and connects you to him. Michael speaks to you over the phone and tells you that he has never touched Davidson's checkbook, but that he has a 20-year-old son who stops by the shared office regularly. He says his son's name is Jacob, but he doesn't think his son would do anything wrong. He asks you to meet him at home later that day and discuss the matter further.

Contact with Bank

You know the branch manager at the local bank where the check was cashed, and have dealt with him before on various cases. You stop into the bank, and using the date and time listed on the returned check that Davidson provided you, ask him to check for video footage. The manager checks and tells you that there are still cameras at every teller, and that they have a clear image of the person cashing the check. He provides you with a color printout of the image, and says he'll forward a digital copy of it to you later on when he gets time to burn it onto a CD. The picture is very clear, perfectly focused, and reflects the money that the Bank has invested in security systems. As you walk out you notice cameras studded all over the bank, but no signs advising the customers that they are being recorded.

Home Interview with Michael Jensen

At 5 pm you arrive at the home of Michael, and ask if you can speak with him in the living room. He agrees and holds the door open for you as you step inside. He gets you a cup of coffee and the two of you sit down and discuss the case. You explain that you have a case under the investigation, and that a check was cashed to "Jacob Jensen." As you sit in the room, you notice a family photograph on the mantle, containing Michael, an adult female, and another adult male whom you immediately recognize as the male in the Bank's tapes cashing the check. Michael says that he is still sure his son would do no such thing, and notices you looking at the family photo. He asks why you are looking at the photo and you tell him that you'll be getting a picture of the suspect shortly, even though you have one in your file folder already. Michael says he's sure his son will be exonerated by this photo, and tells you his son will be home tomorrow (a Saturday) and you can stop by to speak with him directly then.

Second Interview at Bank

You check the police records system and find that Jacob Jensen, of the same address and the same approximate age, was arrested three weeks ago for shoplifting. His mug shot is on file, and you place it into a photo lineup. The following day at 9 am, you go to the Bank and meet with the teller who cashed the check. She says that she remembers the check, because the handwriting was so messy. You show her the lineup, maybe even discuss it a little bit first, and she points directly at the photograph of Jacob Jensen. She states, "That's HIM - I'm sure of it" and places her initials next to the photograph to indicate it for the record.

Home Interview with Michael and Jacob Jensen

The following day, Saturday, at 11 am you arrive at the Jensen home - you didn't call first, but Michael knows you'll likely be stopping by. Michael again invites you in and as you stand in the living room with him. Michael calls to his son Jacob, who is in another room, and the young man from the photo on the mantle, and the photo from the Bank, comes into the living room. His immediate reaction is to demand to see your search warrant for being in "my living room." You don't answer the question - and you explain to him that you're investigating a case and his name has come up. Jacob paces back and forth, denies ever doing anything wrong, and looks nervous. You ask Jacob if he's ever been to his father's office, and he says he never has. You ask Jacob if he's ever been at the Bank you've been working with, and he says he never has. Jacob walks in and out of the room, denies any involvement and generally gives no information to you. Jacob eventually goes outside to "smoke a cigarette" and you wait inside.

Arrest of Jacob Jensen

While inside you explain the case further to Michael. You show him a copy of the check, and when asked, he says that the writing looks like that of his son. You show him the photograph from the bank of the male in the act of cashing the check in question, and he states "Oh, my GOD - that's JACOB!" Jacob hears his name and comes back inside as you put your items away. You arrest Jacob for the felony of Forgery and escort him to your car. You search Jacob's pockets in the driveway and find a small pocketknife, two OxyContin pills, and $5 in cash. Jacob says nothing to you, and you place him in the backseat.

As you are getting into the car, Michael comes out of the house. He says to you that he has called the family attorney, and instructs you not to speak to Jacob. He says he's invoking Jacob's right to silence. He shouts to Jacob not to say anything and goes back inside.

Transport of Jacob Jensen

As you are driving Jacob back to the police station, he starts crying. You say nothing to him and he says "I'm sorry" to you repeatedly. You continue to drive and not say anything to Jacob - he continues to sob intermittently and in between this, states "I just needed the money" and "It's James' fault for leaving his checkbook on his desk" and "I've got an addiction." You say nothing to Jacob as you drive.

Interview with Jacob Jensen

You bring Jacob into the holding area and seat him in an interview room. The room has all the furniture bolted to the floor for safety reasons, and you take Jacob out of his handcuffs. You explain to Jacob without asking him questions that you know that he cashed the check, and you have a photograph of him doing it. You also tell him that his father has provided a sworn statement against him, even though his father never did, and that you are going to charge him for the act. You read Jacob his Miranda Rights, and he agrees to waive them and speak to you.

Jacob provides a full confession, which you record without telling Jacob, stating that he took the check from Davidson's checkbook because he needed money to fund a drug addiction. He says his father asked him about it after your first phone conversation, and that he confessed to his father. He says that he'll pay the money back to Davidson as soon as he gets a job. You ask him if he'd like to send a apology letter to Davidson, and provide him with pen and paper. Jacob writes apology to Davidson, going into excruciating detail about what he did and why.

Processing of Jacob Jensen

You contact a judicial officer, bail is set, and Jacob is secured in a cell. Michael and the family attorney arrive at the station just as you finish the phone call. You inform them that bail has been set, and if they can post bail, you'll be happy to release Jacob to them. They accept, and you have a clerk accept, count and secure the bail money. You fingerprint and photograph Jacob, issue him his order to appear in court pursuant to the bail, and release him to his father and attorney.

Statement of Attorney

Upon release, Michael and Jacob speak with their attorney in the parking lot. This is captured on video, but it has no audio component. The attorney turns very red, and storms into the police department. You meet him at the door and he says that you wrongfully interviewed Jacob. He says that Jacob's right to silence had clearly been expressed and invoked to you by Michael and that you have violated Jacob's civil rights. He demands to speak to your supervisor and tells you that he'll be serving you a civil lawsuit in short order. You introduce him to your supervisor, and the two have a discussion. You are not told of the results of the discussion.

Key Points to Remember:

When should warrants be sought? What procedures should take place before an interview?  How is admissible identification set up?