My question involves criminal law for the state of: New York
Before anyone asks, yes, this is for a book. The first draft is finished and I am in the editing stages. As a perfectionist, I want to make sure everything is not only plausible, but as accurate as possible.
The murder victim is a socialite-turned-celebrity with a reputation for philandering and ambition. The day before she was found murdered, she and her trophy, younger husband had a blow-out fight about her cheating ways and he told her it was over. He stormed out after punching a hole in the wall. He has a reputation for being a gold-digger and having a juvie record. The ME thinks the wife was killed around 11pm the night of the fight and no one can find the husband. He finally shows up at a friend's home about 36 hours after the murder and acts surprised and devastated to learn his wife has been brutally stabbed to death.
Here's where I start to get "iffy".
The police immediately show up and "invite" him down to the station for questioning. At this point, there's no hard evidence.
The murder weapon was found on the scene, which was the home they shared. It was a folding knife with his initials that he almost always carries with him, but any fingerprints have been wiped clean. He claims he accidentally left it when he stormed out. Of course he has a reputation for being a hot head, but no history of domestic violence. So the police only have the folding knife, the fact that he was missing after the murder, and the fact that he and his wife fought about her infidelity earlier that day in front of others.
1, Do the police Miranda-ize him before they start questioning him about where he's been and his relationship with his wife, etc?
2. Or do they wait until they are sure they are going to arrest him?
3. Would they arrest him with only this evidence or would they need more?
4. How long could they keep him for questioning without arresting him?
5. If the murder itself occurred on a Friday night and the body was discovered on a Saturday morning, would the fact that it was a weekend, make the process take longer -- ie. would CSU's processing of the evidence be delayed, would the autopsy be delayed, etc.?
Thanks in advance!
Before anyone asks, yes, this is for a book. The first draft is finished and I am in the editing stages. As a perfectionist, I want to make sure everything is not only plausible, but as accurate as possible.
The murder victim is a socialite-turned-celebrity with a reputation for philandering and ambition. The day before she was found murdered, she and her trophy, younger husband had a blow-out fight about her cheating ways and he told her it was over. He stormed out after punching a hole in the wall. He has a reputation for being a gold-digger and having a juvie record. The ME thinks the wife was killed around 11pm the night of the fight and no one can find the husband. He finally shows up at a friend's home about 36 hours after the murder and acts surprised and devastated to learn his wife has been brutally stabbed to death.
Here's where I start to get "iffy".
The police immediately show up and "invite" him down to the station for questioning. At this point, there's no hard evidence.
The murder weapon was found on the scene, which was the home they shared. It was a folding knife with his initials that he almost always carries with him, but any fingerprints have been wiped clean. He claims he accidentally left it when he stormed out. Of course he has a reputation for being a hot head, but no history of domestic violence. So the police only have the folding knife, the fact that he was missing after the murder, and the fact that he and his wife fought about her infidelity earlier that day in front of others.
1, Do the police Miranda-ize him before they start questioning him about where he's been and his relationship with his wife, etc?
2. Or do they wait until they are sure they are going to arrest him?
3. Would they arrest him with only this evidence or would they need more?
4. How long could they keep him for questioning without arresting him?
5. If the murder itself occurred on a Friday night and the body was discovered on a Saturday morning, would the fact that it was a weekend, make the process take longer -- ie. would CSU's processing of the evidence be delayed, would the autopsy be delayed, etc.?
Thanks in advance!
Arrest Procedure: Process of Arrest of Homicide Suspect Based on Circumstancial Evidence
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