1. The prosecutor, district attorney, or U.S. attorney handling the case can provide the best advice on which of these options to follow. Procedures vary from state to state fire marshals have subpoena powers available and it is worthwhile to involve these investigators whenever possible.
2. Often during arson-for-profit cases it becomes apparent that the fire was set to destroy the financial and or business records along with a home or commercial establishment. This fact becomes evident during the “fire scene search” to determine the cause and origin of the fire.
3. During the fire scene search, the investigators may discover undestroyed records and may consider seizing them as evidence. Although case law is unclear on this point, a voluntary consent to search and seize this evidence signed by the owner is strongly recommended. Also, the investigator should remember to give the owner of the documents a receipt and later to provide photostatic copies of the materials kept. A sample consent to serch form is shown in the law.
4. The decision to use a search warrant depends directly upon the anticipated cooperation of the source of the documentary evidence. If the storage location of business records, for example, is within a suspect’s home and a subpoena might produce only a portion of the documents a search warrant may be considered. A search warrant might also be advisable where destruction of the documents appears imminent. Experienced investigators recommend that a master affidavit be written and frequently updated during an investigation. This can simplify obtaining a warrant when the time arises.
5. Financial release statements are in use by investigators at the state and local level. An individual upon request, effectively gives a “consent to search” his or her financial and banking transactions when signing a release. A copy of this release serves as an original and is to be left with the agency producing the requested information. This consent “releases” the agency revealing the requested information from any civil liability under current state and federal laws. A copy of a release statement is shown in the law.
VIII. Прочитайте 5ый абзац текста и вопрос к нему. Какой из вариантов ответа соответствует по содержанию одному из предложений текста?
What does an individual give upon request?
1. He gives a subpoena.
2. He gives a consent to search.
3. He gives a necessary information.
Вариант V
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