How Much Evidence is Needed for Burglary Charges

My question involves criminal law for the state of: Nevada

Earlier this year, my home was burglarized and thousands of dollars worth of electronics, and collectibles were stolen, as well as a vehicle, which was later recovered.

A detective was assigned to the case, and it reached a dead end, until yesterday. I found a notebook that my ex-roommate had, in which they had a diary entry (dated the day after the burglary), with an hour by hour recap of their actions that day. One of the entries included a sentence about "Sell all "collectibles"" and in the margin of the notebook was written "Sell them...."collectibles".....check phone book listings". I am using the term collectibles in place of the specific collectible involved. The diary also details how the ex-roommate moved into a new apartment the day after the burglary of my house.

Just how good is this evidence? Would this typically be enough evidence for the police to obtain a search warrant to search the ex-roommates apartment, or, be called in for questioning?

That would be an excellent question to ask the detective. maybe... if you can prove the notebook was your ex roommate's.

The roommate is very clearly her handwriting, but for purposes of this forum I shouldn't discuss how I obtained the notebook. I did report this new evidence to the police and they took the notebook and sealed it up. Before taking it to the police, I scanned the incriminating notebook diary entry.....still can't get over they would write about it like they did.

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Quoting VegasLegal01

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The roommate is very clearly her handwriting, but for purposes of this forum I shouldn't discuss how I obtained the notebook. I did report this new evidence to the police and they took the notebook and sealed it up. Before taking it to the police, I scanned the incriminating notebook diary entry.....still can't get over they would write about it like they did.

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Most criminals aren't nearly as smart as they think they are.

You may see this as the proverbial "smoking gun"... but realize that it may not be... especially if you obtained the notebook in, shall we say, an interesting manner. Google "fruit of the poisoned tree".

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Quoting cyjeff

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Most criminals aren't nearly as smart as they think they are.

You may see this as the proverbial "smoking gun"... but realize that it may not be... especially if you obtained the notebook in, shall we say, an interesting manner. Google "fruit of the poisoned tree".

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The notebook was obtained in a very legitimate matter, as it was on property legally owned by me. I just shouldn't go into the specifics of what type of property.

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Quoting VegasLegal01

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The notebook was obtained in a very legitimate matter, as it was on property legally owned by me. I just shouldn't go into the specifics of what type of property.

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If I leave my briefcase at your house, you do not have the right to search through it.

Saying it was ON property you own does not bestow ownership upon you.

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Quoting VegasLegal01

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The notebook was obtained in a very legitimate matter, as it was on property legally owned by me. I just shouldn't go into the specifics of what type of property.

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It WILL matter to the police and the court what type of property.

Since you are being so cryptic, it is impossible to determine whether or not this will have any bearing on the case at all.

So, go to the detective and ask him.

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Quoting VegasLegal01

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My question involves criminal law for the state of: Nevada

Just how good is this evidence? Would this typically be enough evidence for the police to obtain a search warrant to search the ex-roommates apartment, or, be called in for questioning?

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Not to get too caught up in how the notebook was obtained, and if it can be admitted in court, because I would think the police can still use that to pursue the prime suspect, can't they? Would it be enough for the police to obtain search warrants against the suspect?

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Quoting VegasLegal01

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Not to get too caught up in how the notebook was obtained, and if it can be admitted in court, because I would think the police can still use that to pursue the prime suspect, can't they? Would it be enough for the police to obtain search warrants against the suspect?

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If something is illegally obtained, no, they may not be able to use it. And if the illegally obtained evidence is what focuses them on their prime target, it could screw up the entire investigation and make prosecution impossible.

So, yes, how you obtained it and where it was found ARE entirely relevant.

It won't be evidence because you say so. When presented at court or before a judge, you will have to describe how you obtained it and where, as well as proof that it belonged to the roomie/suspect or it will have zero weight as evidence of anything.

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Quoting cyjeff

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especially if you obtained the notebook in, shall we say, an interesting manner. Google "fruit of the poisoned tree".

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I have read nothing so far that would suggest that the OP could be viewed as a state actor in relation to her obtaining or turning over the notebook.

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Quoting VegasLegal01

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Not to get too caught up in how the notebook was obtained, and if it can be admitted in court, because I would think the police can still use that to pursue the prime suspect, can't they?

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The defense will no doubt demand that the notebook and writing be authenticated; if it passes that hurdle, the amount of weight to be given to the notebook and its contents is up to the finder of fact (jury, or judge in a bench trial).

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Quoting VegasLegal01

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Would it be enough for the police to obtain search warrants against the suspect?

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Ask the officer in charge of the investigation.

to charge? almost nothing...to find guilty, enough

Well, now that I am confident that I have enough evidence, thanks in part to postings made on this forum, I am now in need of the suspect! She may be on the run.
Got an update from the detective that she tried a few leads, and tried to call her on her cell phone, but the cell phone number is now out of service. I had used that same number, which is now out of service, less than 4 days ago to contact the suspect.

Not sure if she is still enrolled in school, as I need to clarify what leads the detective tried to follow up on. I do wonder at what point I may want to escalate this within the police department, since the detective I am dealing with is overloaded with cases (typical of crime ridden Las Vegas).

Escalate it how? Complaining to a supervisor who may have been the one that asked the detective to back-burner your case for whatever reason? Police departments have to prioritize the caseload based on whatever factors they use, some of which are normally:
Amount of evidence available, freshness of the case, seriousness of the case, anything else that might affect the odds of successfully resolving the case.

As I am not privy to all these factors, I cannot say why the detective may have taken the course of action they have. You state in your OP that the case had dead-ended until you found the notebook, meaning that they may have had little or no evidence to use to pursue someone until that find. Odds are that if it was at a dead-end, the detective was not putting a lot of time into it. Why chase your tail? It has been less than a week since you found your new evidence, the detective will probably have to clear any current active investigations before returning to your case. And then a "hot" case may again interfere. Given that you just found the notebook, which is of dubious evidentiary value until it is authenticated, you have to give the system time to work.

If the police are unable or unwilling to pursue the matter criminally for whatever reason, then sue her in small claims court. If your evidence is as damning as you believe it to be, you should win a judgement handily.

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Quoting cdwjava

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If the police are unable or unwilling to pursue the matter criminally for whatever reason, then sue her in small claims court. If your evidence is as damning as you believe it to be, you should win a judgement handily.

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Things might be developing sooner rather than later, as the suspect sent me an email stating she would get her cell phone activated and wants to meet to get her stuff back. I contacted the detective and the detective said she would "love to surprise her" at that meeting!!!!

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Quoting VegasLegal01

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Things might be developing sooner rather than later, as the suspect sent me an email stating she would get her cell phone activated and wants to meet to get her stuff back. I contacted the detective and the detective said she would "love to surprise her" at that meeting!!!!

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That sounds promising. Hopefully it works out.

The detective is now out of the office until the end of November, so this really delays things. Fortunately, the perp has delayed getting her belongings back from me, after initially agreeing to get them late last week. I will just have to delay her until the detective is back in the office, so the detective can be at the meeting when I turn the stuff over to the perp. Time is on my side, in some ways, but it is frustrating having to wait.....I'll just have to remain patient.

Yes! My ex-roommate has been arrested for the burglary of my home. The detective called me to let me know the former roomie went in for a meeting today (I guess meeting sounds friendlier than questioning), and after confronted with the "diary" evidence, and other information, she confessed to her involvement in the burglary. She told the detective that she had moved in with her boyfriend after moving out of my house, and that it was the boyfriends idea to burglarize my house. The former roomie was wanted on a bench warrant, for late payment of traffic fines in another jurisdiction, and the detective used that info to keep the former roomie, who I might now refer to as "burglar girl", around for more questioning. She let "burglar girl" know that if she did not stick around for more questioning, she was going to turn her over to the police in the other jurisdiction for the bench warrant.
Tonight, "burglar girl" is locked up and charged with grand larceny and grand theft auto!!!!!!!!!!!! What a relief!