OMG it is, I read that BITD. The thread here on the wine tasting couple was epic. https://www.dcurbanmom.com/jforum/posts/list/444835.page |
charge them and let them provide an alibi. |
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Fingerprints would be just part of the evidence. It would place someone in the car. Leading to a photo array (assuming the car jacker had a previous arrest, his booking prints linked to his photo). Once police know who this is they get a warrant to search his social media and his cell phone. Because these kids all talk about everything. A codefendant could be found during this media search. They can see if the person has been arrested with anyone else ever or who his fellow gang members are. That’s on top of video surveillance of the crime.
So a fingerprint is a lot. |
Yep. |
No one said taking the car was totally fine. There absolutely should be consequences for taking the car and hopefully this experience strikes some fear in them given that they also ended up kidnapping a baby (yes, it turned into kidnapping once they knew the baby was in the car and kept driving with her). There also should be consequences for leaving an infant alone in a running car while you go shop in a store. |
Felony murder is a thing though. The people intent on robbery or other crimes don’t intend to kill anyone, and yet… |
Correct, which I also explained in my original post. If the victim (not talking about this particular case) saw the carjackers, fingerprints definitely can get you to an array and a potential ID. I don’t know that prints in a carjacked car alone are enough probable cause for a warrant to get into a phone or social media, but many of the kids are dumb and don’t have their social media set to private. Fingerprints are an incredibly useful tool, but they are a tool, they are not the foundation for an entire prosecution. |
You can’t arrest someone unless you have probable cause. Fingerprints in a carjacked vehicle with nothing else is not probable cause to arrest someone for carjacking. You take the prints and do more detective work to try and build a case that meets the probable cause threshold. |
There should be worse consequences for the carjackers, who are creating a world where you can’t leave kids in the car even for a minute. Yes she was wrong, but she was wrong BECAUSE we have let carjackers and car thiefs rampage with impunity. It’s to the point where I now have to strategize about how to safely get my kid out of an uber at Union Station (where carjackings happen daily) and worry about him getting hit by a speeding 14 year old in a stolen Kia. DC is a city and of course that means parenting differently and having street smarts. But f this attitude that we cannot do anything about carjacking. |
Of course it’s probable cause. Try harder. |
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wow in a city with the highest concentration of lawyers so little know about the actual law
do i suspect a lot of lawyer wives on here and also stealing things vs. harming a child are two different things both are wrong but the degree to so is different car jackers are wrong; should be found and prosecuted; charges for kidnapping should be included (even if they did the right thing an example must be made) mom was wrong - and there is no reason to leave a 4 month old alone in a car; there is no safe space for that to happen (kids vomit; blow out; etc); if the engine was running to keep the kid warm she's not using cold air therapy or some nordic ideal of child rearing. its a main busy street - this should not have ever been a consideration |
You watch too much tv |
Ignorance of the law is not a defense. Criminal law 101 and they also teach that repeatedly in bar review. The level of a crime is where intent comes in. But you can be guilty without intent of a crime. |
It is absolutely not. I was a prosecutor for over a decade. No judge, even the former prosecutor ones, is signing a warrant for carjacking with nothing more than prints found in an abandoned carjacked vehicle. The only scenario I can come up with where there is PC based on just prints is where there is a pursuit of a freshly carjacked vehicle, the occupants bail out and aren’t caught, but police recover the vehicle immediately. In that specific scenario, yes I would approve that warrant. Unfortunately, these vehicles are often recovered a significant amount of time after the carjacking, which lessens the weight of any prints recovered inside absent the additional investigative steps mentioned earlier. |
Yes, it’s probable cause to arrest every mechanic, valet, friend, and neighbor who might ever have touched your car. Try harder. |