Being questioned and fingerprinted

[toby04]

What is the name of your state? Utah
Husband is a painting contractor, painted a home a few months ago (new construction, lots of trades in and out). Today he gets a call from a detective wanting him to come and talk to him at the police station. He goes and is asked questions about a theft at the home and asked for his fingerprints. He complies. Now am wondering, if he gets called in should we get a lawyer? He has no record, good standing in community, etc. Wants to help out but not get railroaded. Thanks

[seven53]

The detective may have recovered the item that was stolen and lifted prints from it. The prints he took from your husband and others will compared to those on the item. Think of them as "elimination" prints. You do not need a lawyer to cooperate with the police in the scope of their investigation, unless theres more to your story. If the item was not recovered, it would be difficult to use prints of the laborers if they were lifted from within the house seeing as how they have been there working. It's only natural that their prints would be inside.

[justalayman]

following with sevens post, if the booty was around where it may have been touched by just about anybody, the prints would be useless although the police may try to infer a link.

if contacted again, unless it is a notification that your husband is cleared of any suspicion, I would not speak to them again without an attorney's advice available. anything else would mean they consider your husband a suspect of even greater interest than before.

Always be careful what you say to the police. Even if you are innocent. There have been some strange results causing innocent folks some headaches beofre (hopefully) being vindicated.

Personally, I wouldn't have given my fingerprints, even if I was totally innocent.

[toby04]

Personally, I wouldn't have given my fingerprints, even if I was totally innocent.[/quote]

He was told they needed prints to eliminate him. I don't see how he could have refused and still cooperate. It was a $300 telescope in a locked closet he had access to and had painted. The rest of the house was unsecured and someone kicked the freshly painted door in. The homeowner claims he was a disgruntled employee because he overheard an argument with my husband and another contractor.

[justalayman]

you do not have to give your fingerprints.

Like i told my kids, "just say NO!"

I'm sorry and I may be a bit jaded but the police are getting near nothing without a warrant or justifiable cause from me. It is not up to me to prove my innocence. It is up to a prosecutor to prove my guilt (if applicable)

If the telescope had to be moved or covered, there is a very good chance your husbands prints are on the telescope. Now if that convicts him, he has a lousy attorney.

Has the telescope been recovered?

Is there anything else that connects him to the telescope? Witnesses?

[toby04]

He never touched the telescope or the tools that were in there, he painted the door only. Supposedly the telescope was only thing missing and has not been recovered. Thanks for your quick responses, I will call our attorney tomorrow and we will have to wait and see!

[justalayman]

Well, since he presumably had permission to open the door to paint the thing, his prints should be around the area. That surely wouldn't prove anything.

Since the booty hasn't been recovered, there is no reason to check his prints.

Good luck.

[TomD1974]

This business of "eliminating" yourself as a suspect based on prints they take from you is completely flawed, both logically and practically, and is very bad advice. What Justa says is true - don't volunteer it.

This is why people need attorneys. Even so much as swearing that "I didn't touch the telescope" can come back to bite. Maybe he did, but so what? In the meantime they find his "elimination print" on it, innocently put there in the course of his work, and he is a liar and a possible suspect.

Keep quiet and consult a professional!