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The Persistence of Memory: New Greenlea Tale

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louisev:
you are very right about Wes and Edna - there is only one person who can take Wes in tow, and that's Battleship Edna!

louisev:
For anyone who missed the old navigation forward/back buttons, I changed my LJ style so that it has the buttons back at the top for anyone who wants easy rereading.

louisev:
This was a very hard chapter to write, because it required knowledge of things that only those who actually do the job of prosecutors would know, and so therefore I'm putting a disclaimer on it.

Chapter 82: http://louisev.livejournal.com/309178.html


SPOILERS TO FOLLOW:







I didn't know when I had my suspects flee over 100 miles away into Cochise County that I was setting myself up for an intercounty extradition issue!  Because I found out in discussion with a lawyer of my acquaintance who happens to be partly whom I based some of my characterizations, and who betas some of my legal and law enforcement stuff, that police officers from one county are civilians in the next county, and they can't give chase.  So now that my suspects are way the heck off in Cochise County (the southeast corner of Arizona where I lived for a whopping 8 months back in Ellery's day!) now I had to find out what the actual procedures are for getting those suspects back once they are arrested and booked.  And I didn't really find the exact information.  I've got ten tons of information on the details of the actual prisoner transport procedure, since law enforcement procedures are everywhere.  What ISN'T everywhere are the legal procedures for request and authorization of intercounty prisoner transfers.  All my lawyer friend could tell me (specializing in family law as he is) is that paperwork and and a judge is almost always required.  I managed to find out who PERFORMS prisoner transportation (Sheriff's deputies and/or Sheriff's posses - who are for the most part, trained volunteer police adjuncts).  I also found a brief document explaining the types of warrants a judge should issue to facilitate an intercounty arrest and to authorize (order) transportation of an arrested person from one county to another, but not an Arizona procedure.  So I sort of adapted. it.  And it took several hours to get that much... so I fudged it a bit.

So if any of you prosecutors (ahem) want to help clear up the details of what kind of warrant a judge has to issue to get my arrestees out of Cochise County lockup and on their way back to Tourmaline, I'd love to know more!  Because I googled myself into a frenzy just getting what I DID find!

My new roommate's son is a career police officer, he could probably tell me in a minute and a half!

MaineWriter:

--- Quote from: louisev on May 29, 2009, 10:01:22 pm ---For anyone who missed the old navigation forward/back buttons, I changed my LJ style so that it has the buttons back at the top for anyone who wants easy rereading.

--- End quote ---

God bless you for doing this! Thank you!

L

mariez:
Yeah, those navigator buttons can be handy, thanks!

SPOILERS


Oh, dear, Louise!  I hate to see you googling yourself into a frenzy!  :laugh:  But I do appreciate your attention to detail.   :)

Okay ..... keeping in mind that statutes and procedures vary widely from state to state (and that we're dealing with 1980's) I think you've got your bases covered pretty well b/c all the procedures you have them following sound plausible.   Now, I don't know about Arizona, but speaking only for procedures in my own state - it's true that normally police officers do not have jurisdiction in other counties...

(1) A peace officer of a county, city, village, township, or university of this state may exercise the authority and powers of a peace officer outside the geographical boundaries of the officer's county, city, village, township, or university under any of the following circumstances:
(a) If the officer is enforcing the laws of this state in conjunction with the State police.
(b) If the officer is enforcing the laws of this state in conjunction with a peace officer of any other county, city, village, township, or university in which the officer may be.

and if I recall, Wes did call the Cochise County sheriff, so you have that covered.   Also, I know there was a warrant for Eddie, but do we have warrants for Ozzie and Eddies' mom?  If any event,

Warrant; pursuit and apprehension of party in other county; aid.
Sec. 2.
If any person against whom a warrant shall be issued for an alleged offense committed within any county, shall, either before or after the issuing of such warrant, escape from or be out of the county, the sheriff or other officer to whom such warrant may be directed, may pursue and apprehend the party charged, in any county of this state, and for that purpose may command aid and may exercise the same authority as in his own county.

And in that case, they could be brought right back to Greenlea, but I don't know what the law is in Arizona. 

As for the techanlities of transporting, yes there would need to be paperwork signed by a judge, but:

If the judge [of the county in which the arrest is made] refuses to allow the arrested person to post bail, or if sufficient bail is not offered, the official having charge of the arrested person shall take the arrested person before a judge of the judicial district in which the offense is charged to have been committed.

so basically the arresting county is required to return the person(s) to the county in which the crime is alleged to have been committed (barring some legal wrangling by Ozzie Prince, which I'm guessing you don't want to get into).  If some type of transport "warrant" would be required in Arizona, then the "transportable statewide warrant" that Wes refers to sounds reasonable to me! 

I really wouldn't sweat over these details too much, Louise - you've got a lot of leeway and you never venture into implausibility. Your police work and legal stuff is a lot more accurate and authentic than most of what I've read in  books  - and don't get me started on tv shows and movies!   :laugh:

Okay, now to the important stuff - Paula and Henry are moving along nicely - he has a lot of respect for her and her work.  And I'm happy for Paula that she can look forward to spending quality time with that "an attractive and personable man" at the end of her long day!  Thanks, Louise!

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