MM was reported missing on January 10, and CVP Department served a search warrant at the Millete home on January 23.
Given the latest information that Attorney/PI Billy Little Jr. conducted a walk-through of the Millete residence with Larry on Monday, January 11, -- possibly under false pretense, I'm very concerned about spoiled evidence.
Did Little present himself to CVP as a witness after he entered the Millete home on Jan 11? Did CVP rely on Little's "witness statement" when seeking a search warrant?
While I'm sure that Attorney/PI Little shares MM's family's frustration that MM has not been located and/or recovered, I'm concerned his purpose for speaking out now is motivated in part by some degree of self-preservation/protection.
Important to recognize that Mr. Little does not have subpoena or warrant powers to collect evidence. It's easy to understand why CVP would ask Mr. Little not to have contact with LM (or his family).
For CVP to obtain a search warrant for the residence, they had to satisfy certain criteria to justify the issuance of a search warrant.
The purpose of having a judge issue the warrant…instead of the police or a prosecutor…is to
ensure that a neutral, detached individual evaluates the circumstances of the criminal investigation.
But before the judge can sign off, two requirements must be met: the judge must reasonably believe (1) that a misdemeanor or felony has been committed,
and (2) that evidence of that criminal case is likely to be found in the place(s) described in the search warrant.
If the facts presented in the warrant application are convincing, the judge
must sign and issue the search warrant.
But before a judge issues a search warrant, he/she must have probable cause to do so.
Probable cause
“Probable cause” is a legal phrase. It refers to a “reasonable” belief that criminal activity is taking (or has taken) place. So before a judge issues a search warrant, he/she must have a reasonable belief that the person /property specifically described in the warrant application (otherwise known as an “affidavit”) will be found in the searched location.
Before finding that probable cause exists, the judge may question (under oath)
- the officer,
- prosecutor, or
- state investigator who applied for the warrant, and
- any witnesses that the requesting individual relied on to determine that a warrant was necessary.
These affidavits may be written or oral, and presented in person, via the telephone, by fax, or even e-mail. They also must contain the facts that establish the grounds for the application or the probable cause for believing that they exist. Affidavits are under penalty of perjury.
Although Mr. Little alleges Larry consented to his walking through the house and garage, LM texted the following to CBS/8 News.
News 8 reached out to the husband, Larry Millete, and he texted us the following messages regarding Little’s walk-through of his house on January 11 and other claims made by Little:
“He lied and presented himself as NCIS to gain access into my home. He misrepresented himself to gain access to my family’s home as well. Claiming to be NCIS. He lies and misrepresents himself. Posing to be law enforcement
Also I am not quite sure if impersonating NCIS is a crime, but it should be.
More lies, implications and speculations. I do not hate anyone, and just hope people can stop spreading lies and making our lives into entertainment in the media. We are already going through difficult times.
He’s been untruthful from the start and seems to be willing to do anything including manipulating the situation.
My wife is a good woman and she’s missing. Everything else is just noise.”
Little, the attorney, denied that he posed as a law enforcement officer or NCIS to gain access to the Millete home.
Attorney describes walk-through of Maya Millete’s South Bay house | cbs8.com
"Search Warrants" in California - 7 Key Things to Know