Found Deceased CO - Gannon Stauch, 11, Colorado Springs, Lorson Ranch, El Paso County, 27 Jan 2020 *endangered* #22

[MassGuy]

They could charge her with lying or obstruction if they needed to in order to get certain warrants, I guess?

You don’t need to charge someone with a crime to obtain warrants. You just need probable cause that a crime was committed and that items connected to the crime are likely to be found in that place.

 

[Snowma]

IMO, I’m confident LE has talked to her, probably several times. She’s most likely digging her heels in.

What skill would you use to break her by now?

 

[Angels Advocate]

Massguy literally told you the evidence of it in the post you replied to about what probable cause is useful for.

I saw that. After my post. But stay calm.

 

[MassGuy]

Ok what do you think is going to happen ? And how soon ?

There’s no telling. It could be tomorrow, or it could be 6 months from now.

I think the missing piece is Gannon’s body, and nothing will happen until he is found.

If I was betting on an over/under of 2 months, I’d take the under.

 

[Angels Advocate]

I saw that. After my post. But stay calm.

Also I don’t think it’s correct.

Consent searches (or consensual searches) are searches made by police officers in the United States based on the voluntary consent of the individual whose person or property is being searched. The simplest and most common type of warrantless searches in the United States are searches based upon consent. No warrant, probable cause or reasonable suspicion is required to perform a search if a person, or someone else with the proper authority, consents to a search.

 

[Snowma]

Her daughter is probably her only close relative. I would do my best to make the daughter be the reason that LS needs to consider giving up more info..
Edit to attach to K9Enzo above..

 

[cluciano63]

You don’t need to charge someone with a crime to obtain warrants. You just need probable cause that a crime was committed and that items connected to the crime are likely to be found in that place.

Even though they won’t say it is a criminal case?

 

[cluciano63]

Her daughter is probably her only close relative. I would do my best to make the daughter be the reason that LS needs to consider giving up more info..

If her mom is guilty, she will basically be an orphan...I don’t think LS will be in a hurry to confess to anything.

 

[MassGuy]

Even though they won’t say it is a criminal case?

Yes. This is a criminal case, and they are behaving as if it is a criminal case.

They merely refuse to say publicly what we all know.

Dan May wasn’t at that house just to stretch his legs, and crime scene investigators didn’t spend days there because they believe a crime did not occur.

 

[Angels Advocate]

Massguy literally told you the evidence of it in the post you replied to about what probable cause is useful for.

See, I know what probable cause is used for. My point is not related to that. My point is (1) We have no evidence that LE has interviewed her and (2) They don’t need probable cause to do a consent search.

 

[kkdj]

There’s no telling. It could be tomorrow, or it could be 6 months from now.

I think the missing piece is Gannon’s body, and nothing will happen until he is found.

If I was betting on an over/under of 2 months, I’d take the under.

I haven't read everything...so behind...but I agree with this anyway! LE knows she did something to and with Gannon and she's an idiot! jmo

 

[momrids6]

IMO, I’m confident LE has talked to her, probably several times. She’s most likely digging her heels in.

What skill would you use to break her by now?

I'd have to take her to Gitmo for the skills to be legal

 

[lgh0309]

They would need a search warrant to search that home, regardless of her husband allowing it. If they wanted to seize items of hers, they would obtain one.

Probable cause would have allowed for search warrants involving her devices, her phone records, her vehicle, her bank records, and probably several other things.

Even if in theory they could do a consent search of the home, surely they would have waited and proceeded on a warrant anyways to avoid litigation later.

Also I don’t think it’s correct.

Consent searches (or consensual searches) are searches made by police officers in the United States based on the voluntary consent of the individual whose person or property is being searched. The simplest and most common type of warrantless searches in the United States are searches based upon consent. No warrant, probable cause or reasonable suspicion is required to perform a search if a person, or someone else with the proper authority, consents to a search.

True, but issues can arise if a party who lives there objects, if the search exceeds the scope of the consent, etc., so they probably got a warrant anyways....

 

[Angels Advocate]

Even if in theory they could do a consent search of the home, surely they would have waited and proceeded on a warrant anyways to avoid litigation later.


True, but issues can arise if a party who lives there objects, if the search exceeds the scope of the consent, etc., so they probably got a warrant anyways....

Consent gives a wide berth. And so it’s good that AS kicked her out of there as soon as he knew she lied to him.

 

[kkdj]

See, I know what probable cause is used for. My point is not related to that. My point is (1) We have no evidence that LE has interviewed her and (2) They don’t need probable cause to do a consent search.

BBM
I guess we don't know of evidence LE interviewed her but it would certainly stand to reason they did.
I mean, c'mon now.

 

[10ofRods]

They could charge her with lying or obstruction if they needed to in order to get certain warrants, I guess?

I think this is the case where 'probable cause' is a gift that just keeps on giving. I imagine most judges will keep issuing warrants for whatever LE thinks is logical, given the circumstances.

No arrest needed. Unless you want to take the actual person to jail, then there has to be an arrest warrant of some kind.

For example, a judge could issue a warrant for a cheek swab, and most people would comply, even if not under arrest, because the judge can send them to jail for defying the court. At least, I believe that's true in CO, it's true many places.

I just know that I've been in the room when someone who doesn't want to give a swab is talked into it by LE. It's not considered protected speech (the swab). If the Court finds a reason to order it, it's either give it or go directly to jail if LE wants to play it that way. Same would be true of being compelled to produce evidence (your car, your phone, etc)

 

[Snowma]

If her mom is guilty, she will basically be an orphan...I don’t think LS will be in a hurry to confess to anything.

Her daughter is probably her only close relative. I would do my best to make the daughter be the reason that LS needs to consider giving up more info..
Edit to attach to K9Enzo above..

 

[Justmythough]

Yes. This is a criminal case, and they are behaving as if it is a criminal case.

They merely refuse to say publicly what we all know.

Dan May wasn’t at that house just to stretch his legs, and crime scene investigators didn’t spend days there because they believe a crime did not occur.

Why don't they call it what it is?

 

[grannygates]

See, I know what probable cause is used for. My point is not related to that. My point is (1) We have no evidence that LE has interviewed her and (2) They don’t need probable cause to do a consent search.

Gannon Stauch: Stepmother speaks out, says her rights were violated after little boy, 11, mysteriously disappears while in her care
“Tecia Stauch, who declined to speak at the press conference, said she has been dealing interviews by detectives, and alleged that the El Paso County Police Department denied her the opportunity to get an attorney and used trick tactics while questioning her.

“I was denied, I was told I couldn’t get nothing to drink, I couldn’t go to the bathroom. I mean it was continually that my constitutional rights were violated,” she explained.”

 

[lgh0309]

Consent gives a wide berth. And so it’s good that AS kicked her out of there as soon as he knew she lied to him.

Agree, bc it is true she would have to be present to object for her objection to be valid. I still bet they got a warrant though (or maybe they did one pass through on a consent and then subsequent on warrants). Hopefully someday we can read the affidavits.