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  1. #1
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    Mar 2011
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    Default Will Police Seal Home of Murder Victim if the Crime was Committed Elsewhere

    My question (which is in five parts) involves police conduct in the State of: California.

    1. If a person is murdered in a place such as a hospital or a public library, can and do the police seal the home of the victim?
    2. Does the answer to 1 above alter if the victim lived alone?
    3. If the police can seal the victim's home, how long does the prohibition on entry last and how may it be challenged?
    4. What does the 'sealing' consist of, exactly? Is it just some yellow tape on the external doors, or is there a padlock in there somewhere?
    5. Finally, how is the prohibition enforced and what is the penalty for ignoring it?

    As ever, thanks in advance.

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Can/Do Police Seal Home of Murder Victim when Crime Committed Elsewhere

    Are you writing a book?

  3. #3
    Join Date
    Mar 2011
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    53

    Default Re: Can/Do Police Seal Home of Murder Victim when Crime Committed Elsewhere

    I can see how it looks that way. I have a keen interest in police procedure, and that of other governmental authorities/organizations. I like to know how they work and, ideally, why. I'm interested, too, in people's constitutional rights, and how the freedom of the individual is balanced against the freedom of all. Well, you would ask.

    Then again, if saying yes would get me an answer, yes. If not, no. How about maybe? Can't I just say please?

  4. #4

    Default Re: Will Police Seal Home of Murder Victim if the Crime was Committed Elsewhere

    Quote Quoting John Truman
    View Post
    My question (which is in five parts) involves police conduct in the State of: California.

    1. If a person is murdered in a place such as a hospital or a public library, can and do the police seal the home of the victim?
    No. Not if the location isn't somehow directly tied to the criminal event.


    2. Does the answer to 1 above alter if the victim lived alone?
    No.


    3. If the police can seal the victim's home, how long does the prohibition on entry last and how may it be challenged?
    not relevant in light of "no" to #1 - but for cases where the home IS the crime scene, generally police can keep the scene intact as long as there is criminal investigation ongoing - could be a couple of weeks, depending on the size and complexity of the scene and how long it takes to process - taking a few fingerprints off a window sill takes considerably less time than it takes to do a blood splatter analysis, for example - generally however the goal is to process the home and turn it over to family (or crime scene cleanup company) as soon as practically possible


    4. What does the 'sealing' consist of, exactly? Is it just some yellow tape on the external doors, or is there a padlock in there somewhere?
    not relevant in light of "no" to #1

    Every agency has different methods of securing a scene. Generally crime scene tape and stickers over the locks is the standard. But depending on circumstances, sometimes one or more officers is assigned to stay at the scene to watch over it.

    5. Finally, how is the prohibition enforced and what is the penalty for ignoring it?
    not relevant in light of "no" to #1

    For scenes that are sealed, ignoring the "crime scene keep out" notice generally gets met wtih felony burglary and tampering with evidence charges and the associated prison time if found guilty.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

  5. #5
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    Default Re: Will Police Seal Home of Murder Victim if the Crime was Committed Elsewhere

    The reason I asked is that context is important. The answers could change depending on the situation. It's not as black and white as all that. I asked you a question in your other thread that also matters.

  6. #6
    Join Date
    Mar 2011
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    Default Re: Will Police Seal Home of Murder Victim if the Crime was Committed Elsewhere

    Thanks after the event, too, for such a full answer. I appreciate it.

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