1. Referring to the Reid technique, what questions will you ask each of the suspects, in what order, and how will you conduct the interviews based on the scenario below? Assume that you do not get a confession from either suspect, and Anthony tells you that they "found" the guns lying beside the road earlier that evening, but can't recall exactly where while John tells you that he knows nothing about the guns, that the truck belongs to Anthony.

2. Based on the known facts, utilize the applicable Missouri Revised Statutes to determine if there are appropriate charges to recommend for each of the two suspects (you can recommend different charges).

Scenario:

During your follow-up investigation of last week's residential burglary, you obtained the make, model, and serial numbers for the stolen rifle and shotgun. Last night a patrol officer received a call of a shoplifting at a liquor store and was advised that the perpetrator was a white male with a brown beard wearing a gray hooded sweatshirt, jeans, and brown work boots, who placed a bottle of whiskey under his coat, walked out of the store, and got into the passenger side of a black, late model, four-door Ford pick-up truck, which then left the store parking lot headed West. The patrol officer observed a vehicle matching the description as she was responding to the call and stopped the vehicle. She observed that the passenger matched the description of the shoplifter and the neck of a liquor bottle protruding from under the passenger seat. The stolen rifle and shotgun from last week's burglary were discovered under a blanket in the back seat during a search of the vehicle and the bottle of liquor was found to match that which was stolen from the liquor store. The officer arrested both the driver (another white male) and the passenger whom she identified as Anthony Adams and John Peterson respectively. You have been called to the precinct where they are being detained regarding the recovered firearms and separation of the suspects has been maintained since the officer apprehended them.

> a nevisorotuissouri and... We 7.1: Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS Chapter 569 0 Effective - 01 Jan 2017, 2 histories, see footnote, highlighted 3 * 569.160. Burglary in the rst degree penalty. l. A person commits the offense of burglary in the rst degree if he or she knowingly enters unlawfully or knowingly remains unlawfily in a building or inhabitable structure for the purpose of committing an offense therein, and when in effecting entry or while in the building or inhabitable structure or in immediate ight therefrom, the person or another participant in the offense: (1) Is armed with explosives or a deadly weapon; or (2) Causes or threatens immediate physical injury to any person who is not a participant in the crime; or (3) There is present in the structure another person who is not a participant in the crime. 2. The offense of burglary in the rst degree is a class B felony. (L. 1977 SB. 60, AL. 2014 SB. 491) Effective 1-01-17 (1998) Criminal is armed upon equipping himself with a weapon for the purpose of stealing it. State v. Crews, 968 S.W.2d 763 (Mo.App. ED.) ---- end of effective 01 Jan 2017 ---- use this link to bookmark section 569.160 - All versions Effective End 569.160 1/1/2017 569.160 1/1/1979 1/1/2017 Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such 9 enacted statutory section. m > E RevisorofMisouri '3' Words 8 And a \\ Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS Chapter 569 9 Effective - 01 Jan 2017, 2 histories, see footnote, highlighted 9 * 569.170. Burglary in the second degree penalty. 1. A person commits the offense of burglary in the second degree when he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein. 2. The offense of burglary in the second degree is a class D felony. (L. 1977 SB. 60, AL. 2014 SB. 491) Effective 1-01-17 (1980) Trespass in the second degree is not a lesser included offense of burglary, as it does not require unlawful entering of a building. State v. Neighbors (A), 613 S.W.2d 143, (1980) Trespass in the rst degree is lesser included offense of burglary in second degree, as every element of lesser offense is included in greater offense of burglary, and it is impossible to commit burglary without also committing trespass. State V. Neighbors (A.), 613 S.W.2d 143. (1984) Crime of burglary requires proof of incursion into a building or inhabitable structure; an unlicensed entry upon open real property for whatever unlawful purpose does not constitute burglary. State v. Butler (Mo.App.), 665 S.W.2d 41. (1984) An entry, however slight, by any part of the defendant's body is sufcient to establish the element of entry. State v. Sincup (Mo.App.), 674 S.W.2d 689. ---- end of effective 01 Jan 2017 ---- use this link to bookmark section 569.170 - All versions Effective End 569.170 1/1/2017 569.170 1/1/1979 1/1/2017 Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law In accordance with Section 3.090, the language of statutory sections enacted during a m1 are updated and available on this website on the effective date of such 4. enacted statutory section. 570.030. Stealing penalties. 1. A person commits the offense of stealing if he or she: (1) Appropriates property or services of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion; (2) Attempts to appropriate anhydrous ammonia or liquid nitrogen of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion; or (3) For the purpose of depriving the owner of a lawful interest therein, receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen. 2. The offense of stealing is a class A felony if the property appropriated consists of any of the following containing any amount of anhydrous ammonia: a tank truck, tank trailer, rail tank car, bulk storage tank, eld nurse, eld tank or eld applicator. 3. The offense of stealing is a class B felony if: (1) The property appropriated or attempted to be appropriated consists of any amount of anhydrous ammonia or liquid nitrogen; (2) The property consists of any animal considered livestock as the term livestock is dened in section 144.010, or any captive wildlife held under permit issued by the conservation commission, and the value of the animal or animals appropriated exceeds three thousand dollars and that person has previously been found guilty of appropriating any animal considered livestock or captive wildlife held under permit issued by the conservation commission. Notwithstanding any provision of law to the contrary, such person shall serve a minimum prison term of not less than eighty percent of his or her sentence before he or she is eligible for probation, parole, conditional release, or other early release by the department of corrections; (3) A person appropriates property consisting of a motor vehicle, watercraft, or aircraft, and that person has previously been found guilty of two stealingrelated offenses committed on two separate occasions Where such offenses occurred Within ten years of the date of occurrence of the present offense; (4) The property appropriated or attempted to be appropriated consists of any animal considered livestock as the term is dened in section 144.010 if the value of the livestock exceeds ten thousand dollars; or (5) The property appropriated or attempted to be appropriated is owned by or in the custody of a nancial institution and the property is taken or attempted to be taken physically from an individual person to deprive the owner or custodian of the property. 4. The offense of stealing is a class C felony if the value of the property or services appropriated is twentyve thousand dollars or more or the property is a teller machine or the contents of a teller machine, including cash, regardless of the value or amount. 5. The offense of stealing is a class D felony if: (1) The value of the property or services appropriated is seven hundred fifty dollars or more; (2) The offender physically takes the property appropriated from the person of the victim' or (3) The property appropriated consists of: W (3) The property appropriated consists of: (a) Any motor vehicle, watercraft or aircraft; (b) Any will or unrecorded deed affecting real property; (c) Any credit device, debit device or letter of credit; (d) Any firearms; (e) Any explosive weapon as defined in section 571.010; (f) Any United States national flag designed, intended and used for display on buildings or stationary flagstaffs in the open; (g) Any original copy of an act, bill or resolution, introduced or acted upon by the legislature of the state of Missouri; (h) Any pleading, notice, judgment or any other record or entry of any court of this state, any other state or of the United States; (i) Any book of registration or list of voters required by chapter 115; (i) Any animal considered livestock as that term is defined in section 144.010; (k) Any live fish raised for commercial sale with a value of seventy-five dollars or more; (1) Any captive wildlife held under permit issued by the conservation commission; (m) Any controlled substance as defined by section 195.010; (n) Ammonium nitrate; (o) Any wire, electrical transformer, or metallic wire associated with transmitting telecommunications, video, internet, or voice over internet protocol service, or any other device or pipe that is associated with conducting electricity or transporting natural gas or other combustible fuels; or (p) Any material appropriated with the intent to use such material to manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues. 6. The offense of stealing is a class E felony if: (1) The property appropriated is an animal; (2) The property is a catalytic converter; (3) A person has previously been found guilty of three stealing-related offenses committed on three separate occasions where such offenses occurred within ten years of the date of occurrence of the present offense; or Screenshot (4) The p letter r seal 1 article tha delivered I by theoccurrence of the present offense; or (4) The property appropriated is a letter, postal card, package, bag, or other sealed article that was delivered by a common carrier or delivery service and not yet received by the addressee or that had been left to be collected for shipment by a common carrier or delivery service. 7. The offense of stealing is a class D misdemeanor if the property is not of a type listed in subsection 2, 3, 5, or 6 of this section, the property appropriated has a value of less than one hundred fty dollars, and the person has no previous ndings of guilt for a stealing-related offense. 8. The offense of stealing is a class A misdemeanor if no other penalty is specied in this section. 9. If a violation of this section is subject to enhanced punishment based on prior ndings of guilt, such ndings of guilt shall be pleaded and proven in the same manner as required by section 558.021. 10. The appropriation of any property or services of a type listed in subsection 2, 3, 5, or 6 of this section or of a value of seven hundred fty dollars or more may be considered a separate felony and may be charged in separate counts. 11. The value of property or services appropriated pursuant to one scheme or course of conduct, whether from the same or several owners and whether at the same or different times, constitutes a single criminal episode and may be aggregated in determining the grade of the offense, except as set forth in subsection 10 of this section. (L. 1977 S.B. 60, A.L. 1981 S.B. 202, A.L. 1985 H.B. 333 & 64, A.L. 1996 S.B. 657, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2001 H.B. 471 merged with S.B. 89 & 37, A.L. 2002 H.B. 1888 merged With S.B. 712, A.L. 2003 S.B. 5, A.L. 2004 S.B. 1211, A.L. 2005 H.B. 353, A.L. 2009 H.B. 62, A.L. 2013 S.B. 9, A.L. 2014 S.B. 491, A.L. 2016 S.B. 624, A.L. 2021 H.B. 69 merged with H.B. 271, A.L. 2023 S.B. 186) CROSS REFERENCE: Child support, retention of erroneously paid support to be crime of stealing, when, 454.531 (1984) Conviction for "stealing by deceit" requires proof that the victim relied on the defendant's false pretense or representation; no reliance is shown when store employees are fully aware of acts later sought to be made the basis of a false pretense. State v. Young (Mo.App.), 672 S.W.2d 366. (1984) One can be found guilty of stealing property to which he has legal title. State v. Smith (Mo.App.), 684 S.W.2d 576. (1984) Owner of the stolen property need not be experienced in valuating property to express an opinion of its value. The owner's opinion of the value of the stolen property may be considered substantial evidence of its worth. State v. Reilly (Mo. banc), 674 S.W.2d 530. (1986) This section does not apply where a debtor uses false information to get an extension on an outstanding debt. State v. Grainger, 721 S.W.2d 237 (Mo.App.). ---- end of effective 28 Aug 2023 ---- m use this link to bookmark section 570.030