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Questioning of Scott Peterson Not a Sign of Arrest

Aired February 18, 2003 - 14:12   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


KYRA PHILLIPS, CNN ANCHOR: We're continue following this seeing if we can get more information. Jeffrey, why don't we brief folks on where we are at this point?
It was about two hours ago we found out police were granted a search warrant and then we've sort of been following this story from there.

So, possible scenarios here; they believe they had enough evidence to go -- or to get, obviously, the search warrant and go back in. Let's recap where we are right now.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, what this means is that the police had enough evidence -- the standard is probable cause -- to go to a local judge or magistrate and say, "we have probable cause to believe that there is evidence related to this crime in the Peterson home," and the judge granted the search warrant and they are now inside the house searching.

What this means is that the investigation is not over. What it doesn't mean is that any arrest is imminent; in fact, the police spokesman just said that in the briefing that we heard. And I think it is important to emphasize here that Scott Peterson has been convicted around every water cooler in America of the murder of his wife, as far as I can tell; and, you know, in the real world there does not appear to be enough evidence to arrest him, much less convict him.

So, you know, this case is far, far from made against Scott Peterson or anyone else. That's sort of where we are right now.

PHILLIPS: Now, OK now since you and I have talked, we found out from the reporter on the scene, Jeffrey, that Scott Peterson was not taken downtown for questioning but he was seen leaving the house. So, if police have a search warrant, can Scott say, no, you can't come in or does he have to let them in and then he's got the choice to leave or stay?

TOOBIN: What a search warrant means is that the police have the absolute right to come in the house. So he has no right to exclude them. A police officer -- departments vary on whether they allow someone to remain in the house during a search warrant. Usually...

PHILLIPS: Jeffrey, I'm going to put you on hold just for a second. I deeply apologize. We're following a breaking news story with Jeffrey Toobin there at the home of Scott and Laci Peterson.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com






Aired February 18, 2003 - 14:12   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: We're continue following this seeing if we can get more information. Jeffrey, why don't we brief folks on where we are at this point?
It was about two hours ago we found out police were granted a search warrant and then we've sort of been following this story from there.

So, possible scenarios here; they believe they had enough evidence to go -- or to get, obviously, the search warrant and go back in. Let's recap where we are right now.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, what this means is that the police had enough evidence -- the standard is probable cause -- to go to a local judge or magistrate and say, "we have probable cause to believe that there is evidence related to this crime in the Peterson home," and the judge granted the search warrant and they are now inside the house searching.

What this means is that the investigation is not over. What it doesn't mean is that any arrest is imminent; in fact, the police spokesman just said that in the briefing that we heard. And I think it is important to emphasize here that Scott Peterson has been convicted around every water cooler in America of the murder of his wife, as far as I can tell; and, you know, in the real world there does not appear to be enough evidence to arrest him, much less convict him.

So, you know, this case is far, far from made against Scott Peterson or anyone else. That's sort of where we are right now.

PHILLIPS: Now, OK now since you and I have talked, we found out from the reporter on the scene, Jeffrey, that Scott Peterson was not taken downtown for questioning but he was seen leaving the house. So, if police have a search warrant, can Scott say, no, you can't come in or does he have to let them in and then he's got the choice to leave or stay?

TOOBIN: What a search warrant means is that the police have the absolute right to come in the house. So he has no right to exclude them. A police officer -- departments vary on whether they allow someone to remain in the house during a search warrant. Usually...

PHILLIPS: Jeffrey, I'm going to put you on hold just for a second. I deeply apologize. We're following a breaking news story with Jeffrey Toobin there at the home of Scott and Laci Peterson.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com