Expert: Loren Stevens - 1/20/2007

Question
Hi. I need help 'getting it right' in a mystery/crime novel I am writing. The heroine has been kidnapped (along with her infant son)from their home in Las Vegas. The bad guy, who also murdered the woman's coworker, crosses the state line with them, taking them forcibly into California. I believe this now makes the kidnapping a federal offense and the FBI can be called in. (Yes?) I also had the LVMPD put out an Amber Alert, since a child was taken. (Yes?) Does this work, so far? If so, I need help with the procedure on what happens next: what does my Las Vegas homicide cop do? Does he call the Las Vegas FBI office? Or the one in California? (he's figured out where the bad guy went in CA.) Once he's brought in the FBI, does he bow out of the investigation? If he wanted to actively work with the FBI in California, would he be allowed to physically go to CA? Would the FBI in Calif work with him and would the LVMPD allow him to go? THANKS for your time and your help. It is greatly appreciated.

Answer
Hello Stella,
You want ALLOTA stuff!
The Police and FBI will work this case together without any hitch about turf. This caper has evolved into a capital offense, which means in NV, that can result in execution upon conviction. You might want to factor that into the fabric of your story. Check the Nevada revised statutes to get the wording you want.
This also lends to the reality that the suspect has nothing to lose at this juncture.
On a kidnaping case where there is reason to beleive a state line will be crossed, you can notify the FBI right away for inclusion into a "joint-investigation".
If there is no reason to suspect that state lines will be crossed, the FBI is called in after 24 hours (as I recall) as it is PRESUMED that state lines were crossed, or will be crossed. This probably goes back to the Lindberg case, where all the federal resources could not get involved with a state case.
Also, to structure your subtext, look up the "Mann Act", and it will give you some foundation material you'll want to use.
You'll also want to clarify why the bandit wants to drag a woman and kid around. If it's an extortion caper, it's not very well thought out.
If it's vengence or something, where is the yeild?, or satisfaction? But, that's your challenge.
Don't forget about the preliminary offense of Burglary. It may sound picayune what with the other hefty charges, but may come in handy later.
The amber alert is fine, as is an intercept option at the fruit inspection checkpoint near Barstow.
There are an abundance of radio and teletype, and computer communications among the various agencies. Communications won't be a problem.
This could also put police officers in Victorville and Barstow on alert, as most folks gas up there.
Telephone comm is also available.
In a joint investigation, USUALLY, the lead agency is the one where the jurisdiction of the most severe crime occured.
Wich is well and good for the murder aspect of your story.
However, there are still two victims in perill. On this aspect of the investigation, the FBI would be the lead.
Law enforcement agencies in CA would be in an assisting mode at this point.
Agencies that work joint cases often deputize each other, in order to cover authority issues, and to cover liability issues as well.
This can also be accomplished via "MOU's" ( memorandum of understanding) where everybody carves out their sensitivities et al.
In any event, it all works for the common good, coupled with necessity.
There are different courses of action taken, depending if the suspect and/or veh are known, or if not.
There will have to be some kind of early info to have police know they are headed to CA.
Yes, Homicide Dets would be allowed to travel, and they do extensively. Not much supercedes a murder case, in terms of CRJ importance.
In the end, the US Attorney and the Clark County DA will decide if the case(s) will be prosecuted in state court, of fed court. Generally, they'll consolidate the cases if there is a plea bargain, and only mention all the others for sentencing purposes.
The Metro homicide Det will be the lead investigator on the case in chief (murder, during the commission of a fel, thus a capital murder case)
Or, the DA can prosecute state cases, and the USatty do the fed cases, and go for sentences to run consecutively, rather than concurrently.
Don't have time to correct my spelling or grammar....Hope this is helpful, Good luck.
Regards, 'loren