Legal Question in Criminal Law in Texas

Search and rescue dogs - theft

Sirs,

Thank you for considering my question.

I am having my house remodeled. The same 5 contractors are in my house every day.

Wednesday March 30 I discovered jewelry missing and called the police. I was able to tell the police that the time frame it was taken was between 11.30 and 3.30 because I had placed it in the box before gong to lunch, and went to retrieve it when I returned.

Cutting a long story short - the police dusted for prints on the container the jewelry was in, and although each of the contractors agreed to be fingerprinted - the police did not fingerprint anyone, even though they said they had a 'good print'.

The police then brought 3 search and rescue 'sniff' dogs to my home and all three dogs identified the same contractor; yet they did not arrest him.

Could you please explain to me why that is and if I have any civil recourse.

They are telling me that my case will be assigned to a detective at the PD on Monday who will present the case to the district attorney in the hopes he takes the case.

I am baffled, frustrated and very upset; and would appreciate any assistance, advice or direction that you could provide.

Thank you.

Asked on 4/02/05, 1:56 pm

1 Answer from Attorneys

Nile Copeland Cheng Copeland PLLC
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Re: Search and rescue dogs - theft

IT is an officers call whether or not to arrest an individual. He must determine based upon a totality of the circumstances does it warrant enought to execute an arrest. While we cannot say what an officer was thinking we can at least try to rationalize why they make their decisions. Here, he may not have felt it was enough so he will presetn everything to a detective who will then see if the DA is willing to go forward on charges. On a civil side, you woud have a remedy as well. Most construction companies are insured and bonded so they could right the wrongs. Moreover, the owner can do so as well, thus avoiding any litigation.

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4/03/05, 10:37 am

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