Expert: Jack Toomey - 2/25/2009

Question
QUESTION: Dear Jack, I have found reading your answers a valuable resource to my writing. I would like to ask a question of my own regarding a homicide investigation occuring in my novel.

Several characters have been murdered:
1)an apparent suicide by drowning(actually a murder)
2)an apparent murder by animal attack
3)another animal attack, but this time the name of my lead
character has been left intentionally at the scene.

Other connections to the lead other than her name at the scene:photos with all three victims, phone call records, they were members of her fringe religious group.

Would the lead be a person of interest or a suspect? My research finds POI so vague. Would they have probable cause to arrest her? Can they only ask her to come in for questions?

The lead has an alibi for each murder. However, would fringe religious activity be a motive? Would the last sensational murder link the other two cases into one case? Would the suicide now be looked upon as a murder?

Any insight would be greatly appreciated. I am in South Korea and trying to find a US Police officer to ask these questions is tough!

Thank you

ANSWER: Brian,

Are you trying to tell me that the name, photo, and phone records of the lead character have been left at all of the murder scenes?

Your question is very difficult to understand.

Try it again please.

---------- FOLLOW-UP ----------

QUESTION: First murder is at first ruled a suicide by drowning. By investigating the victim's apartment and phone records it is discovered that she knew the lead as members of the same religious group.

Second murder would also establish that the victim knew the lead in the same way.

None of these connections were left at the murder scene but uncovered during the investigation.

At the third murder scene only the leads name was left. So now the investigators know all three cases are linked. These people knew each other and they all knew the lead.

However there is no opportunity or motive that can be eastablished yet.

Can they force her to come in for questioning? Can they arrest her?

Thank you, i hope this clears things up

ANSWER: Can I give you some advice?  When you are talking to someone who is outside of the theater scene do not use jargon that only people inside your area of expertise knows.  If I answered this question using police jargon it would be impolite and you probably would not understand it.


Anyways.......I think that I know what you are asking.

I am assuming that this story happens in the United States and not South Korea.  If this is happening in South Korea then this answer DOES NOT apply because the law and procedures would be completely different.

No suspect in a crime can be forced to come to the police station for questioning.

No suspect in a crime can be forced to talk or give information.  The Fifth Amendment protects the suspect.

Can they arrest her?  If there is probable cause (which means enough evidence) of course they can arrest her.  But with what you have given me then there probably would not be enough probable cause for an arrest.  But I am sure that there is more to this story then you are telling me.

---------- FOLLOW-UP ----------

QUESTION: Thank you. I just have a quick follow up after writing the scene.

The story takes place in the united states. Three murders have occured. There is no evidence linking my lead to the murders.

However, she does have ties to all three victims. She is also known to be the priest of an alternative religious group of which one of the victims was a member.

The murders were committed with cult like circumstances.

If I understand correctly they can ask the lead to come in for questioning. Can they force her to release the names of the other members of her religious group since that information does not directly affect her?

Answer
Of course the police can ask, invite, request anyone to the police station for an interview.  That does not mean that the "lead" has to go.  The only time that someone HAS to go to the police station is when the police have a warrant for them.

No the police cannot "force" anyone to reveal anything.  Are you talking about torture or what?  How can the police "force" someone to do something?