Legal Question in Criminal Law in New York

missing person

Can anyone help me in the legal area for this example?

In a missing persons investigation, can the person (driver) last seen with the missing person(s) be held accountable if the only evidence against against him/her is some blood on a rag/cloth in the vehicle. No bodies! No other signs of crime?

Thanks for any information on this subject.


Asked on 2/13/04, 1:44 am

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: missing person

You are describing relevent evidence. But first it must be shown that there is a deceased victim.

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Answered on 2/17/04, 2:43 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: missing person

It depends. If the DNA from the rag is matched to a victim's DNA, it is important evidence. A missing person's DNA may be available from other sources. That, together with the "last seen" factor would be sufficient probable cause to obtain a search warrant and go after additional evidence.

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Answered on 2/13/04, 9:36 am


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