WA - Lindsey Baum, 10, McCleary, 26 June 2009 - #13

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I don't know in WA what the statutes are for obtaining the actual SWs. I would assume it is like the Sunshine Law where the media and normal people are able to go to the court house and obtain copies after they have been filed. They would not appear online unless the media (or someone else) decides to put them up.

They will have the reason for the warrant, the items listed, and the judge's signature ordering the search.

I will see if I can find a good example in another case of a SW.
 
Ok, that makes sense.

I guess I could google and see what I can find out about WA law on that. I have to go now but hopefully I'll have time to do that later tonight.

I'm off to spend time with the grand daughter, son and daughter in law.
 
JenniferO said:
SS, does the average everyday Joe Schmoe have access to the SWs? I mean can we go someplace online and get that info or do we have to wait until the media puts them out there. Half the time the media only gives out a snippet of info.. just enough to keep people watching their program in hopes that they will say more.

Will the SWs have the "probable cause" on them or is that kept a secret?
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Hi Jennifer, I'm not SS LOL, but I did hear on NW Cable coverage that with these warrant/s the prosecutor is the one who will be the actual 'force' to release them. It is part of her job.

I saw all the SW's in Michelle Young's case and I do remember it listed specific items and then general ones that might show evidence in the case. That is how LE can get away with taking bags of things out of a home and not all those things are actually listed on the warrant. Tonight I'll pull up those warrants and look at them again. However they might do things different in NC than they do in Wa. xox
 
JenniferO said:
Ok, that makes sense.

I guess I could google and see what I can find out about WA law on that. I have to go now but hopefully I'll have time to do that later tonight.

I'm off to spend time with the grand daughter, son and daughter in law.
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Search warrants are in the category of 'public information'. Anyone can request a copy unless they are ordered sealed. In this case the order was to seal them for 5 days...didn't they begin searching on Sat.? So tomorrow perhaps, or thursday they will be available. mho
 
eyes4crime said:
Search warrants are in the category of 'public information'. Anyone can request a copy unless they are ordered sealed. In this case the order was to seal them for 5 days...didn't they begin searching on Sat.? So tomorrow perhaps, or thursday they will be available. mho
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I do believe they said the warrants would be sealed until Oct 1.
 
I wonder if the Washington bureau of National Missing and Exploited Children offers the legal advice necessary to help parents break down some of the legal walls that actually may be a hindrance to the family of a victim when trying to obtain pertinent information?

Whether that be LE info. or whatever.

Seems like they might have a Caseworker that could offer such advice so that the family knows exactly what their rights are and how to exert them.

I'm guessing they do and perhaps a call is in order. I recall MB saying she had secured their services.

Let's hope so!
 
This might help members alittle bit. Cornell University Law School, Search and Seizure, Federal rules of criminal Procedure, Rule 41. www.law.cornell.edu/rules/frcmp/Rule41.htm Hope the link works (have my doubts so just google the law. Pretty self explanatory. ~<3~
 
Hey all. I'm so glad WS is here. After reading some other forums, it's refreshing to read and be here! Because reading all that stuff was making me :crazy: and I just wanted to :banghead:

Anyway....I know I was reading some were wondering about MB and her asking for TES services. I had asked her those questions myself and she replied via email. She gave me permission to copy and paste her answers here. I've bolded it below.

If we don't have a better turn out this next search; I think I am going to call Texas Equa Search and see if they will come out and help.

I had contacted them before LRC but Tim was on vacation. Then when he got back LRC already agreed to come out so TES wouldn't they said it was duplicating services.


www.findlindseybaum.com

Oh, and jvk....I saw your fruit pics many pages back. So that's what you were doing! I wondered where you were off to. Our jvk is always snapping the coolest pics :woohoo:
 
:waitasec:
hyldo said:
I believe these were state court warrants, so the FRCP wouldn't apply.
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Glad you showed up, because I know minimal about the law pertaining to search warrants. Can I pick your brain? If a judge signs a search warrant and the judge has had personal relationship with one or more in the family, would this be a conflict of interest
 
My apologies, but I'm behind on this thread. Do we know the name of the man whose house they searched last weekend, that's now being called a POI?
 
daisy7 said:
My apologies, but I'm behind on this thread. Do we know the name of the man whose house they searched last weekend, that's now being called a POI?
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A POI??? Where did you hear that? Could you provide a link? TIA
 
Ok they are not giving a name yet, but what I find interesting is the statement below. It appears in moo the man who's home was the one questioned, for some reason I would have thought more torwards one of the sons...Perhaps it's just terrible reporting as usal....

Person of interest in girl's disappearance

Investigators now call the man whose home was searched over the weekend in the Lindsay Baum case a person of interest.

http://www.mynorthwest.com/?nid=11&sid=218861
 
It seems to get super quiet in here after I post...Is there a trap door in this thread that you all have fell through ?....lol
 
It does appear to be a mistake . I saw the records and the house is owned by a female.

Steve Shumate with the Grays Harbor Sheriff's Office says they are not calling the man a suspect, "There were a number of things, I think in general terms, it was just some inconsistencies with respect to what he had said."

~snip~

The man was interviewed by police and then released.

The man has now threatened suit against law enforcement for being wrongfully targeted.

http://www.mynorthwest.com/?nid=11&sid=218861
 
mysticrose said:
It seems to get super quiet in here after I post...Is there a trap door in this thread that you all have fell through ?....lol
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LOL No. You post interesting links and we all run to check them out! No trap doors...er...that I am aware of anyway. ;) I do hear we have a basement tho.
 
As she marked three months since her daughter vanished, Melissa Baum of McCleary got a disturbing letter from the state.

She was informed her ex-husband would no longer be required to pay child support for eleven year old Lindsey, because her child hadn't been home for three months.

http://www.mynorthwest.com/?sid=218867&nid=11
 
eyes4crime said:
My comment was IF 3 MONTHS AFTER a child went missing LE wanted in our home without a warrant they would not be allowed in....I wasn't talking about the next day or the day of....although I would respect anybody who insisted on a warrant for a home and property search at any time. Our right to feel safe in our homes is important and protected by the Constitution.

Regarding suing LE - if the warrant was signed by a judge for legit reasons, they have no grounds for a suit. If somebody in that home gave the wrong answer to a question - that's their problem. That person is responsible for the answers he/she gave to LE and if it was a wrong answer - too bad! imo if that's the case, it was their stupidity that invited the search.
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Yes! And how convenient it is that they would claim it was the wrong answer after it brought about a search.
 
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