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  1. #1
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    Default 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?

  2. #2
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    Default Re: How Much Evidence is Need for Burglary Charges

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

  3. #3
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    Default Re: How Much Evidence is Need for Burglary Charges

    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.

  4. #4
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    Default Re: How Much Evidence is Need for Burglary Charges

    Quote 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.
    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".

  5. #5
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    Default Re: How Much Evidence is Need for Burglary Charges

    Quote 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".
    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.

  6. #6
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    Default Re: How Much Evidence is Need for Burglary Charges

    Quote 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.
    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.

  7. #7
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    Default Re: How Much Evidence is Need for Burglary Charges

    Quote 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.
    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.

  8. #8
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    Default Re: How Much Evidence is Need for Burglary Charges

    Quote 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?
    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?

  9. #9
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    Default Re: How Much Evidence is Need for Burglary Charges

    Quote 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?
    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.

  10. #10
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    Default Re: How Much Evidence is Need for Burglary Charges

    Quote 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".
    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.
    Quote 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?
    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).
    Quote Quoting VegasLegal01
    Would it be enough for the police to obtain search warrants against the suspect?
    Ask the officer in charge of the investigation.

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