Im searching for my uncles remains.. he was murderd and buried in a shallow grave in a field 10 years ago.. the police investigating the case faded away from it even though we have an idea to the area he is buried.. would it be illegal for me to go to the field to dig the side of it as he was ment to have been buried at the side of the field.. i have come across some sighns of depression in the ground.. steep depression.... should i start digging or what should i do.... there a house nearby but they dont own the land as i have called in already and there are no sighns around....
2007-09-04 22:05:17 · 5 answers · asked by Robert C 1 in Politics & Government ➔ Law & Ethics
1. There are the rights of the property owner
to be considered. You must have permission
even to be there.
2. If your uncle was murdered, you could be
seen as 'tampering with evidence`. You should
first try to interest the police in the 'depression`
you found. Make sure your report is documented
to cover you.
3. Opening a grave is not only a legal matter,
but can be dangerous for health reasons.
2007-09-05 02:11:51 · answer #1 · answered by Irv S 7 · 0⤊ 0⤋
As others have said there are many reasons not to proceed. There could be legal issues with the police. And the property is owned by SOMEBODY.
Was the case closed? Was someone convicted..... though I suppose that would be hard to prove with no body. And they lost interest though there had to be some sort of lead if you have an idea where he is.
No I would first try the local police again. If that does not work speak to the local DA. Write to all of your local politicians. Write to the state DA, governor, senator, state police, FBI, etc. Basically anybody you can think of. Somebody will eventually help you with this.
2007-09-05 09:46:58 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
Basically, yes. It is illegal to dig up anyones grave. There are only certain instances where a grave may be dug up and even then, it's usually for DNA testing or to move the casket elsewhere and special permission to do either must come from a court. If I were you, I would contact my local police department and local court and explain the situation and ask them how you go about this the proper way. Last thing you want is to end up in jail.
2007-09-05 05:15:37 · answer #3 · answered by Anonymous · 0⤊ 1⤋
First and foremost, who owns the property? I wouldn't do ANYTHING without getting permission in writing allowing you to dig for bones. THEN, if you decide to proceed, document the crap out of every move you make to unearth the remains. On paper, photographs, video, dates, times, who was present, etc. This will cover your rear end in the event that the authorities feel a need to turn this whole thing around on you as being the culprit. Proceed with caution, but proceed nevertheless...
2007-09-05 05:16:51 · answer #4 · answered by Anonymous · 1⤊ 1⤋
Yes, you need permission from the owner. You may also want to check in with the Medical Examiner in the county if you do get permission. Doing it ahead of time makes you look better in official eyes than doing it later if you find something.
2007-09-05 05:31:29 · answer #5 · answered by dasupr 4 · 1⤊ 0⤋