1. What crimes have been committed? Hint: look up Penal Codes 211, 242, and 245.You must identify the FACTS of the case with EACH ELEMENT of the crimes to determine whether or not the crimes apply. Break each crime down and thoroughly discuss.
2. whether probable cause exists for an arrest warrant,
3. Who would you seek to arrest?
4. Once arrested, what processing/evidence gathering would you seek?
Your analysis must be complete and thorough. It should demonstrate that 1) you've read and understood the fact pattern completely, 2) you understand what constitutes probable cause,and 3) applied the facts to the law and principles of criminal procedure learned thus far.
It will be obvious who the suspect is, but applying the facts to the elements of the crimes and analyzing the case to determine what constitutes probable cause based on the evidence, witness statements, and investigation is the KEY to this assignment. Simply re-writing the facts will not be sufficient. If you simply "skim" the reports and cobble something together, it will be readily apparent that you did not carefully review the case.
Here are some hints:
1. Read the case carefully. Don't confuse the people involved- know who's who.
2. Don't make up facts, or draw conclusions based on non-existent facts.
AJ161 FACT PATTERN 1 - Officer's Report.pdf
AJ161 FACT PATTERN 1- Investigator's Report.pdf
Preview File Edit View Go Tools Window Help 41% 38 Tue 1:56 PM Q aj 161 fact pattern 1 (page 1 of 3) ~ J V Q Search COMmued Tron NCIDENT REPORT San Diego Regional TITCTUETTE NUTTO Officer's Report Narrative 18090026801 Page 2 of 4 Case Numbe 18-123456 Code Section and Description (one incident only) Date 09/16/2018 Time 245(A)PC ASSAULT WITH A DEADLY WEAPON Day of Week SUN 2345 Location of Incident (Or Address) SAN DIEGO District Beat 1440 Warren Way 417 Person(s) Involved/Victim Villa, Robert Suspect (If Named Unk Property Tag No.(s) 10485564, 10485565, 10485566 SYNOPSIS: On September 16, 2018, an unknown suspect struck Robert Villa in the head with a hammer after a dispute. Villa was hospitalized in critical condition. The suspect fled the scene and is outstanding ORIGIN: Officer Wilson (#5710) and I were dispatched to a report of a fight occurring at 1440 Warren Way on September 16, 2018 at approximately 2350 hours. INVESTIGATION: Upon our arrival, we noticed several people gathered around a male that was laying motionless in the driveway of 1440 Warren Way. I walked up to the male and found him unresponsive. There was a large pool of blood at his head area. It appeared to be coming from a large, ragged wound at the left side of his head. I immediately called for an ambulance to espond. Bystanders identified the male as Robert Villa. They said he lived at the address. I asked one of them if anyone else was inside his home, but no one knew. I asked one of them to check and to have a family member meet me outside. A neighbor identified himself as John Watts. Watts said he was in his garage working on his car next door when he heard yelling and shouting. He saw Villa fighting with the suspect. See Statements. Watts said the suspect rode off on a mountain bike southbound on Warren Way. Villa's father, Carl Villa, came outside and spoke with me while paramedics treated his son. Villa told me he had been asleep until one of the neighbors woke him up just now. Carl said his son was selling his mountain bike on Craigslist and was going to meet a prospective buyer this evening. I asked Carl if his son's mountain bike was at the home. Villa went and checked the garage where it was normally kept, but did not see it. See Statements. Paramedic L. Salerno #83 with AMR informed me Villa sustained a serious injury to his head, but his vital signs were stable. Villa was transported to UCSD Hospital. I remained at the location to obtain witness statements and process the scene. Reporting Officer ID# Approved By Date of Report Time J. Nunez 5217 SE-2 Sgt. C. Chesebrough 09/17/2018 0235I checked the area and found a large hammer in the bushes at the northwest corner of the property, just below the mailbox. It appeared to have fresh blood and hair on it. I took several photographs of it before collecting it as Statement of John Watts, neighbor evidence. Watts said he lives next door to the Villas. He was working on his car with his garage door open when he heard Robert Carl Villa checked his son's laptop and found his son's Craislist post for his mountain bike. It was listed as a 2015 having a loud conversation with someone. Robert and the other person appeared to be having a heated discussion. Felt Nine One 29" hardtail mountain bike. The frame was made of carbon fiber, black in color, and the components Watts was busy with his vehicle, so he did not stop to investigate further. After a few minutes, Robert and the other were Shimano XTR. It listed other specific components. Of note, it had red foam grips and red water bottle cages. male began shouting. Watts said it sounded like a fight was about to happen so he crawled out from underneath his Villa did not find the serial number, but said the bike was relatively unique. Villa found his son's cell phone on top car and walked out of his garage to see what was happening. Watts saw the other male pulling a mountain bike from of a workbench in the garage. He said it was the only one his son used, but he did not know the password. Villa Robert. They appeared to be struggling over it. Watts heard the other male yell, "Give me the fucking bike!" and allowed me to impound it as evidence. Robert yelling, "Get out of here! Stop it!" Within a few seconds, the other male pulled out a large stick or rod and BACKGROUND: began striking Robert on the head with it. Robert collapsed to the ground. The other male threw the object that he struck Robert with and jumped on the mountain bike. The male rode down the street. Watts yelled inside for his None. family to call 9-1-1, and ran over to check on Robert. Robert muttered to Watts that the male stole his bike, before passing out. STATEMENTS Watts described the male suspect as Filipino, in his mid to late 40's, with short black hair and wearing glasses. He was Statement of Carl Villa approximately 5-8, 150 lbs, thin build, wearing a blue t-shirt and black shorts. Villa said his son mentioned he was selling his mountain bike on Craigslist for about $5000. His son raced bicycles EVIDENCE: and was able to purchase them at significant discount. After using them for a season or two, his son would sell them and make a decent profit. Villa said his son talked about meeting some potential buyers this evening, but I impounded the hammer and photographs at the Southeastern Division property room under the listed tag numbers: didn't give him names or other information. This evening, Carl went to bed at around 10 pm. He believed his son 10485564 Bloody hammer was tinkering in the garage at that time. 10485565 Photographs on CD Villa said the mountain bike is expensive, and his son is very careful about locking it up and keeping it safe. Villa said only serious riders or those that raced would buy this type of bicycle, but he was always worried about 10485566 Robert Villa's cell phone; Samsung Galaxy, IMEI # 48572088211288 someone stealing it, as the parts alone were worth hundreds of dollars. INJURIES: Statement of Tyler Napier Robert Villa sustained a large laceration and possible skull fracture to his head; he was transported to UCSD Hospital. I Napier lives across the street from the Villa's. Late this evening, he heard yelling coming from the Villa's driveway. contacted the hospital later that evening, but they advised Villa would be unable to talk. He looked outside and saw Robert Villa fighting with another male in the driveway. The Asian male was trying to yank a bicycle from Robert. The other male punched Robert several times and Robert fell on the ground. The Asian PROPERTY LOSS: male ran off with the bicycle. Napier didn't know who owned the bicycle or what the fight was about. Black 29" Felt Nine One mountain bike, black carbon fiber; approximately $5000 Napier said he didn't get a clear look at the other male because it was dark and some distance away. He believes FOLLOW-UP: the other male was either Hispanic or a dark-skinned Asian male. Napier said Robert often has friends over, but they always hang out inside the garage and aren't usually riding their bicycles at night. If they are, they are decked At discretion of detectives; Robert's cell phone may have communications with the suspect. out in bike clothing and have lights all over their bikes. Neither Robert nor the other male were wearing cycling clothing that Napier usually sees when Robert and his friends are out riding. They appeared to be dressed RELATED REPORTS: "normally." None. Reporting Officer ID# Division Approved By Date of Report Time Reporting Officer ID# Division Approved By Date of Report Time J. Nunez 5217 SE-2 Sgt. C. Chesebrough 09/17/2018 0235 J. Nunez 5217 SE-2 Sgt. C. Chesebrough 09/17/2018 0235I responded to UCSD at approximately 1000 hours. I spoke with Dr, L, Lindenberg, who informed me that Villa sustained a skull fracture and numerous lacerations to his head and face, He was conscious, but the doctor advised he would be difcult to speak with in his condition. Ivisited Villa in his hospital room. His father, Carl, was present. Robert was laying on his bed, but conscious. I introduced myself and asked him how he was feeling. Robert nodded and said he was not feeling well at all. | asked him what happened, but it appeared difcult for him to speak. I asked him if it would be better for me to ask him simple questions instead and he nodded his head afrmatively. Statement of Robert Villa | asked Villa if he knew the suspect that struck him. Villa said he did not. Villa indicated that the suspect has responded to his ad on Craigslist. Villa said the text messages should still be on his telephone. Villa told him what the password was for his phone. | asked Villa if the suspect paid him for the bicycle and Villa said he did not, Villa said the suspect said he wanted to buy the bike. but wanted to test ride itrst. The bicycle was very expensive, so wlla asked him to show him he had money rst and put down a deposit, but the suspect refused, They began to argue and the suspect got upset that Villa wouldn't let him test ride the bicycle without a deposit. Villa told him he was no longer interested in selling the bicycle to him, so he told the suspect he was going to go inside his home, The suspect grabbed his bike and tried to wrestle it from him, telling him to give him the bike or he would beat him up. Villa said he tried to pull the bike away from the suspect, but the suspect began hitting him in the head with something. It was dark, so Villa couldn't see what it was, but when it struck him in the head, Villa immediately began blacking out. Villa said he didn't really remember feeling pain at the time- justa sharp, numbing impact. The next thing Villa remembered was waking up in the hospital. His father told him his bicycle was gone. He did not give anyone permission to take it. After I left the hospital, l went back to the Southeastern Station and took Villa's cell phone out of the property room. I turned it on. There was approximately 50% battery life. I entered the password given to me by Villa and the phone unlocked. I checked the Messages screen and found several text messages. There were several messages by individuals that appeared to be friends, discussing plans for the week, and other such things. Those individuals were identied by names or nicknames in the messages. I discovered a text message sent by an individual identied only with the phone number of (619) 57s- 7875. The rst message was sent at 1845 hours to Villa's phone. The message string read as follows: 7875: Hey, interested in the bike- still gets it? Vi : Ves 7875: Will you take $2000 for it? Villa: No- 55K is a great deal forthis bike and I have other buyers 7875: OK- price is good- I will buy it if you can meet tonite Villa: OK- what time? 7875: later OK? 11 cool? Villa: OK address is 1440 Warren behind the Circle K 7875: OK- I will bring cash if 0K wid you (thumbs up emoji) Villa: OK Then, at approximately 2335 hours, the text message string continued as follows: 7875: ouside your house Villa: OK give me a minute- meet you at garage 7875: (thumbs up emoji) l oonducted a records check on the subscriber's number. It came back to an AT&T number. I contacted the law Enforcement desk at AT&T. but they were unable to give me any subscriber information without a warrant. lemailed a preservation letter to them, I checked with several pawn shops in the area, but none had received any mountain bicycles. On Wednesday, September 19, I contacted Paradise Hills Pawn Shop located at 2210 Reo Drive, They said an individual came in and pawned an expensive mountain bike. The manager, David Soliven, showed me the bicycle. It was an exact match for the bicycle described by Villa. Soliven said the individual who pawned the bicycle was given $600 for it. | asked to see the pawn slip. Soliven showed it to me, The individual who pawned it was named Christopher Siapno. Soliven made a copy of Siapno's California ID card and showed it to me as well. It listed Siapno's address as 611Terminus Avenue, San Diego, CA 92101. He appeared to be a Filipino or Asian male, I seized the bicycle as evidence and impounded it at the Southeastern station for evidence processing, l notified Robert Villa and sent him photographs ofthe bicycle. He oonrmed it was his, but said the seat had a new tear that was not there before the incident. I put together a sixpack photo lineup using Siapno's photograph in position number three, I brought it to the hospital on Thursday, September 20. Villa was alert and conscious. I read Villa the lineup admonishment. Afterwards, I showed it to Villa. After looking at it a for a few minutes, Villa pointed out to photograph number 3 Siapno- and said it Iaciked most like the person that tclclk his bicycle that night. | asked Villa how certain he was, and he said \"85% sure." Based on the information thus far, I determined that Siapno was the suspect that assaulted and robbed Villa of his bicycle on September 16, 2018. Siapno is chargeable with the following crimes: 1, PC245lallllAssaultwith a DeadlyWeapon 2, PC243ld) Assault Causing Serious Bodily Injury 3. PC211 Robbery A crime case and arrest warrant will be submitted to the District Attorney's office. Det. M. Gasca #5576 SE Investigations
