Read the passage. Based on the passage, the New York State penal law, the New York State Criminal Procedure law and our text answer the questions. You and your partner are conducting an ongoing burglary investigation at 370 Elk St when Jamel Smith thirteen-year-old knocked at the door of 370 Elk. Jamel Smith informed your both that he had just witnessed a woman naked running out of her house down Elk ST being chased by her husband. The reporting person tells you that it was crazy and we had better get down there. You and your partner responded to the area of 359 Elk St (150 yards east of your original location) . You notify dispatch by phone that you have arrived and requested additional units and EMS. Nicholas Mayo and his father Rodney Mayo both of Elk ST informed us that the male had fled and the woman had gone back inside the house and that she was beat up. You and your partner located Ms. Victim coming out of 359 Elk St. At the time she was fully clothed red faced with a large bruise under her right eye. At the time Ms. Victim was holding her 5-month-old son and her four other children were standing behind her on the front porch of 359 Elk ST. Ms. Victim begins telling you what had happened. Patrol Units began arriving. You attempt to conduct a security sweep of the residence and secure the children with a neighbor. In doing so you encounter several dogs. With Ms. Victims help the children were left in the care of neighbor while she assisted officers with the five dogs inside of her home. In brief Ms. Victim informed you that she had spent the last several hours held prisoner by her husband of six years. During this time, she was physically restrained by dog leashes and sexually assaulted and abused by her husband Yaqoob Chauhan (AKA JACOB) herein after referred to as S. S is described as a white male of Pakistani decent brown hair and eyes of average height and weight. While the assault was taking place the couples five children were in the house Son on the first floor and the girls and the baby on the second floor. 359 Elk was tentatively secured by your partner and PO Nostrand. EMS arrived and Ms. Victim was evaluated inside the house.
While inside and being treated she described in greater detail the ordeal she had been through. She pointed out to You and your partner the bed that she had been forcible restrained on and continually sexually assaulted. Ms. Victim directed undersigneds attention to dog leashes that were around the bed frame that she described as used to tie her down while she was continuously assaulted for several hours. The bed is located in the first room to the right of the front door this room may have served as a living area at one time. Finally, she directs our attention to search for a wooden handled knife sharpener. Ms. Victim describes this item in great detail as S used it against her repeatedly inserting it into her vagina. You locate the knife sharpener hanging from a red string on the wall near the ceiling in what could be considered the dinning of the house. Additionally, blood was observed on the mattress and on several medical pads on the floor. You make arrangements with Ms. Victims mother to respond to the home so that she could take custody of the children. EMS was directed to assess the children with Detective Bono. EMS then transported Ms. Victim to Albany Medical Center accompanied by PO Fronz who is the officer of record. Detective Bono also traveled to the hospital.
Detective Sheas of FIU responded and you briefed him on what is known at the time. Detective Sheas processed the scene. While processing the scene Detective Bono informs Detective Sgt. Wojo that a purple baby bottle was also used to assault her. Detective Sgt. Wojo located said bottle leaving same in place in the kitchen. Detective Sheas was directed to this additional piece of evidence. Animal control arrived and took custody of the five dogs located in and around the house all for safe keeping. Code enforcement arrived and they were briefed as follows: The condition of the house upon the arrival of police was deplorable. The house was unsanitary and cluttered. All of the windows were covered by either hard barriers such as plywood or soft barriers such as pizza boxes. Food, insects, animal feces were present in the home. Exposed and unfinished wiring was observed throughout the house constituting an ongoing fire hazard. According to codes the house had been cited in the past for similar problems. Upon the completion of the scene processing Codes was afforded the opportunity to inspect the property. Code enforcement determines the property un-occupiable. Codes disconnected the power and posted the property securing it with the in-place lock system. Based on the posting by codes undersigned requested PO Paulina to complete a special attention form for the address.
Grandma arrived at the scene. Grandma is Ms. Victims mother the grandmother of the children. Ms. Ferguson was briefed and requested that she and the children accompany PO Norse to Child and family services where the children would be interviewed. Grandma was provided with some essential items for the children such as shoes and formula and she and the children were interviewed by CFSU.
You and your partner travel to Albany Medical Center and met with Detective Bono and PO Fronz. Medical staff (Dr. Morgan, Barcomb and others) was continuing their assessment of Ms. Victim. Detective Sheas took photos of the injuries during the exam. Upon completion of the exam You and your partner conducted an oral interview with Ms. Victim. The results of which are summarized in the following: According to Ms. Victim S takes her Samsung android smart phone on the straight talk plan. S takes the phone believing his wife is having ongoing affairs with unknown men via text and face book. S insists that her phone will provide him with evidence of the affairs. S makes several attempts over the weekend to find evidence of the affairs and insists Ms. Victim has hidden folders and a second face book page that she accesses through her phone although he is never reported to have found any such evidence and Ms. Victim denies having any such hidden information or extra marital relationships. Monday as has happened on several occasions in the past Ss jealousness boils over and he strikes her about the face.
On Tuesday the older children go off to school and she and S travel to BJs wholesale club for formula. After returning home when the children were in bed S grabs Ms. Victim and yells at her that she was unfaithful while slamming her head on the floor. Later on, Tuesday night S asked Ms. Victim a question and she states that it did not matter what the answer was she was going to get hit. She did not answer right away and S grabbed Ms. Victim by the head flipped her over onto the floor. Ms. Victim believes that she may have blacked out for an unknown amount of time when she came to she made sure the kids were all asleep. S told Ms. Victim that they were going to have sex tonight if she wanted the kids to go to school in the morning. So, they had sex and fell asleep. On Wednesday May 3rd 2022 at about 5:30 a.m. Ms. Victim hears what she believes to be the garbage truck. S jumps up and realizes that he did not put the trash out so he becomes enraged talking about the phone. S wanted to see the stuff in the phone or on face book. Ms. Victim made up some names to satisfy Ss inquiry. S called her a liar. Next S holds her down on the bed with his forearm across her chest. At the same time S uses his legs to separate Ms. Victim legs at the same time S inserts four fingers or his entire hand into Ms. Vitims vagina. While doing so she states that he was scratching the inside of her vagina as he further inserted his hand into her body. This caused Ms. Victim to scream and cry. The children started to cry and come out of the room upstairs. S got off of Ms. Victim and ushered the children back into their bedroom.
The time is now 0630-0700hrs and Ms. Victim was attempting to make a bottle for the five-month-old. S came up from behind her and began to yell and scream. Again, did not answer. S grabbed both sides of Ms. Victims head and started to shack it like a dog toy. She fell back into a chair then onto the bathroom floor. The kids upstairs and her son on the first floor know not to come out especially when he is in a bad mood. S then grabbed that thing described at the wooden handled knife sharpener. Ms. Victim started to kick at S and he told her if this is the way you want this to be and he went out into the hall and came back with dog leashes. S takes one of the dog leashes gets it around Ms. Victims right leg and drags her by the leash to the bed securing the leash to the bed and her leg. S then gets a second leash and secures her left leg to the bed. S then gets two other leashes that he uses them to secure her torso and hands to the bed. Then S jams the wooden end of the knife sharpener into her vagina. S continues to thrust the knife sharpener into her vagina for what she describes as ten minutes. S was jamming it in and Ms. Victim was screaming. Ms. Victim states that she could hear adults outside of the house. She kept screaming but no one came to help her. Finally, Ms. Victim states she could feel something pushing up into her stomach. She yelled it to him and that she thought she was bleeding. S said you are bleeding bitch. Ms. Victim stated to S that she had to use the bathroom. S unsecured Ms. Victim and granted her the use of the bathroom. Ms. Victim stats that she filled the toilet with blood and continued to bleed. Then he came into the bathroom and threw Ms. Victim to the floor and he jumped on her neck with both feet steadying him on the wall. The girls upstairs and Son in his room and each time anyone came out or down he would stop and get them back into their room.
Finally, the baby was crying and Ms. Victim wanted to give the baby a bottle. S brought the five-month-old to his mother on the blood-soaked pull-out sofa couch that she had just been repeatedly attacked on and she fed the child and changed him. When Ms. Victim was finished tending to the child S returned the child to the room upstairs. Again, S states why dont you tell me. Why dont you come clean? S then tied Ms. Victim down to the bed using the leashes and put it, the knife sharpener, in her 2 or three more times. Then he said he was getting something worse. S got a purple baby bottle, because it was bigger, and jammed that into her vagina. While he did so S moved the bottle around causing excruciating pain. Ms. Victim states that she was again screaming and S continued to beat her about the head. Ms. Victim believes she lost consciousness for a minute. Ms. Chauhan believes that it is between 0900- and 1000hrs. S tells Ms. Victim that he is going to give her a break and S left her alone for about fifteen minutes. During this time Ms. Victim states that she can feel herself hemorrhaging internally. S would allow her to go to the toilet and each time she would fill the toilet with blood. Ms. Victim states she was bleeding everywhere.
Then S re-strapped her to the bed and continued to assault her using the bottle and knife sharpener. The pattern of assaults with breaks continued for the remainder of the day. Until finally Ms. Victim convinced S to go out to get his weed as he did every day and this time he was also going to get a cigarette. S left the house and Ms. Victim confirmed through a peep hole that S was out of site and she sent her eldest Son across the street to neighbors to get help. Ms. Victim states that they did not believe her son. Finally, she heard S return she knew he had come back as Ms. Victim could hear him yelling at their son. Ms. Victim told a lie as to why the boy had exited the home dealing in some way with a neighbor. S went out to the street to confirm or deny Ms. Victims story as to why the boy was out of the house. Ms. Victim knew that S would know that she lied and that she feared for the safety of her children who up this point had been left physically alone. Ms. Victim states that she covered herself with a blanket and went out to the porch. Ms. Victim overheard people on the street ask S what was going on with your wife. S now aware that she was on the porch told the onlookers that she was sick and he proceeded back to the front porch. S attempted to pull Ms. Victim into the house. She refused and ran to a chain link fence and held on. S ripped the blanket from her and she remained their naked in the front yard. Nick and Rodney Malloy, neighbors, approached the front yard asking what was going on and S ran from the scene east on ELK.
Additional Interviews and information:
Detectives Flint and Fargo, of Child and Family Services, conducted interviews with Son of Ms. Victim and Daughter of S and Ms. Victim. Interview is conducted with parental consent and in the presence of his grandmother. During the interview with Son Detectives learn of the existence of an additional cellular telephone that is Sons. Son reports that his father took the cellular from him on Wednesday May 2nd 2022. Son states that the cellular phone is a black Verizon prepaid cell phone with his name inscribed on the outside. This phone having been seized by the defendant may contain additional insight into the activity of the defendant during the time of his possession of his step-sons phone. Furthermore, the seizure of the phone and that of Ms. Victims phone demonstrate the ongoing intent by the defendant preventing communication by any member of the family to the outside specifically members of law enforcement or emergency medical care. Also, during this interview Son revealed that he had been secured in his room almost the entire day with two notable exceptions: once to eat and make food for his three sisters and to use the bathroom only when he had a bowel movement. Son states that when he indicated to his father that he needed to use the bathroom originally his father handed him a large Danon yogurt container. Son states that he filled this container with urine and that prior to leaving the house for the last time he hid the container in his bedroom. The container described herein constitutes evidence in support of the lasting imprisonment and restriction of movement imposed on the occupants of the house while the defendant continued his sexual assault of Ms. Victim (their mother).
Detective Martins of the Police Department learned that Chauhan had purchased a bus ticket to Virginia At the Gray hound bus station. Additional interviews with Seema, Asrif, and Adil Inaya family of Yaqoob Chauhan state that they picked up S from the Price Chopper on Madison Av. They provided S with the transportation to the Greyhound Bus terminal. They purchased the bus ticket. A fact which is captured on video surveillance for S to travel to his brother in Virginia. S spends the night in the bus terminal and travels by Greyhound to Baltimore Maryland.
Members of the United States Marshall Service intercepted the bus at scheduled stop and detained S. At the time of his detainer he is found to be in possession of 2 phones one engraved with Son.
What is the first concern of the arriving Detectives?
What Crime has occurred? (use the New York State Penal law as a reference under the resources tab)
Is there a crime scene?
Do you need a search warrant to search?
Do you need a consenting adult to interview persons under 18?
Is there reasonable suspicion to detain the suspect?
Does probable cause exist to arrest the suspect?
Would should you obtain an arrest warrant
Why?
Why not?
How can S be arrested in Maryland on probably cause based on an investigation in New York?
Do you need a search warrant to seize and search the addition evidence found on S at the time of his detention?
What if any crimes are committed by anyother person in this scenerio? (Bonus Question)
