Expert: Loren Stevens - 11/6/2007

Question
Hi. I am an aspiring novelist, and I was planning on having a character that is involved in law enforcement. Her career isn't really the main point, just a way to introduce her into the story. Essentially, she would investigate the disappearance of a  high profile person (senator maybe) Now my question is: Who would be called in to investigate? State Police, FBI? Any help would be great.

Answer
Hello Andrew,
In MOST cases, the initial incident report would be the primary local jurisdiction. In a city, it would be a police department. In a county  of unincorporated areas, it would be a Sheriff's department.
In many rural areas, a Sheriff's department and a state police, or highway patrol share duties.
In any event, after 24 hours, it is PRESUMED, that state lines have been crossed. Ergo, justification to bring in the FBI/Justice department. This is from the Federal Kidnapping statute, or commonly referred to as the :Lindberg Act....when kidnappers kidnapped the infant child of Charles Lindberg, and there was no existing authority or legal means at the time to bring in the vast resources of federal law enforcement.
The 24 hour rule (to my understanding) is more of a guideline, as if it is a legitimate and discernable kidnap from the get-go, you'd want to haul in all your resources ASAP, as this crime tends to be "time-critical."
Some situations are federal jurisdiction from the start, e.g.., say a mail carrier was snatched from post office (federal) property. This would be a federal offense from the start. You can also factor in situations involving military installations, Indian reservations etc.
However, in most situations of "routine" kidnap capers, the initial crime report will be a local agency. Then, after the FBI gets factored into the mix, it will proceed as a "joint Investigation". Upon a successful conclusion, the FBI and local investigators will decide among themselves as to who will make the case presentment for prosecution. Or, if it is a complex convoluted case, they'll do it jointly, with one of them being sworn in as a "special deputy" or something along those lines, for jurisdictional/statutory concerns, and tying up a loose end to avoid a defense attorney any wiggle room.
Then, the county District Attorney, and a Deputy US Attorney will decide whether to prosecute in state court, or Federal court. If state police are involved, it would then be a deputy state Attorney General rather than a dep DA in this process.
What is usually the deciding factor, is which jurisdiction will offer the most severe sanctions upon conviction, and/or, which prosecuting body has the lighter court calendar.
As you know, if your input does not advance the story-line, or help define an essential character, it may have limited value in your book/story....just an opine...
Hope this is helpful,
Good Luck, and regards,
loren