Crimes across state lines - jurisdiction ??

Your enquiry might be more appropriate in another forum on this site (Story Research); a mod might come along and port it there... In the meantime...

Has the Austin PD identified the suspect/perp? Has a warrant been issued? Entered into NCIC as an extraditable case? If so, the most pragmatic step is to offer the case to the local/regional U.S. Marshals Fugitive Task Force. If the case is so adopted, your MC investigator can be assigned to the Task Force as the case agent (essentially in charge of that case). He/she would be specially deputized (via a specific USMS protocol) and enjoy federal jurisdiction and resources.

If your suspect/perp has not been identified, your Austin PD investigator can file a report with VICAP/FBI in the hope that any similar (reported) crimes can help lead to suspect identification.

The FBI can assist upon request in most situations, even to the point of seeking a federal warrant for Unlawful Flight to Avoid Prosecution (UFAP).

You need to decide what your story needs... and then gird your loins for more detailed research.

http://www.justice.gov/marshals/

http://www.fbi.gov/wanted/vicap

*Mod comes along, ports to Story Research as predicted*

And Aladdinsane!

Just for the record, Austin is not a state.

There's a book written by the guy who looked for Ted Bundy, I think and also one for the Green River killer -- which is basically the same scenario you mention without the victim being a politician.

Aladdinsane said:

Thanks very much for the info ironlike. I will read the two links you have provided.

No, they have not identified the suspect. But they know its the same guy.

From what you ave said below (if I have this right) the cop investigating the first murder could be assigned to a task force. So basically would be the lead guy of the case whichever state they are in (which to be honest would be perfect). Or is this only if they have identified the suspect.

I know what the story needs (the main cop from the first murder to be able to be on charge for all), it's just whether I can do this realistically.

Once again thanks for the reply. Gonna go check out the links.

Richard.

Click to expand...

For your tale to work as I suspect you intend, the suspect/perp would have to be identified, a felony warrant issued (extraditable offense), and the suspect is determined to be a fugitive.

The Austin PD (APD) and the US Marshals Service (USMS) would enter into a Memorandum of Understanding (MOU) to have your MC/investigator temporarily assigned to the local/regional fugitive task force, and specially deputized (most likely for the duration of the manhunt). He/she would typically be assigned a USMS criminal investigator as a partner.

Since the APD investigator should know more about the suspect and the underlying crime than anyone, he/she, with his/her partner, would serve as lead case agents (conduct the fugitive investigation, review leads and subsequent analysis, make most of the investigative tactical/strategic decisions, and seek out appropriate expertise, guidance and advice, to include periodic consultation with potential prosecutors).

Remember, first you have to identify your suspect - even if it's a suspected alias. The probable cause basis (articulated in an affidavit in support of the warrant) has to be pretty solid. Without some sort of ID, it's unlikely you'll get a warrant issued. No warrant - no entry into NCIC... it'll remain an open (and stalled) APD case. Your investigator will be told to move on to his/her other open cases.

There are a few ways this could play out...

Most likely each dept would do their own investigation of the crime scene that is in their jurisdiction. What typically happens is the investigators share info via phone & email. Only if he was classified as a "Serial Killer" would the cases be combined into one task force investigations.

If in your scenario the suspect was caught by NYPD then yes a APD investigator would and could travel to NYC to conduct an interview of the suspect. Now because of the general brotherhood yes the NYPD would likely take the APD cop on a field trip to see the crime scene... so you could still bring your guy up to the Big Apple.

Two separate crimes committed in two separate states results in two separate jurisdictions. If they can be convincingly linked, even without a known perp, the Feds can be brought in; that doesn't happen automatically, however. There may or may not be co-ordination and cooperation between state/local authorities. A lot of serial killers got away with things for a long time because various law enforcement agencies didn't communicate. That's getting less common, though, with technology like the AFIS systems now in place.

Ultimately, if a person is caught, court proceedings follow that establish a proper jurisdiction for a trial. This is what happened with Ted Bundy, as just one example. He wound up in Florida, charged with the crimes he committed there. He got sentenced to death, and was executed there. Other states which had charges against him were lined up to take him on had Florida not convicted and executed him.

caw

How do the police link the two murders? Quite often, they are investigated independently and nobody puts the two together. Throw ina third, same type and style, and the FBI will get involved as a serial killing.

The real question is, what do you need for your story?

Jeff