lamlawindy
Verified lawyer Indiana
- Joined
- May 25, 2017
- Messages
- 483
- Reaction score
- 6,088
Can you give us a clue as to other cases where a longer search of a house led to evidence being suppressed?
I absolutely don't think this was an overly long search, during CoVid and in Colorado's mountains. But then, my family is from that area and I'd say everything is slower.
Besides, it's possibly that two things happened: Judge issued warrant AND BM, like John Ramsey, also signed paperwork to allow the search. Or gave verbal permission more or less to say "however long it takes."
Most people with missing spouses would say "however long it takes," if they thought it could help find their wives. I seriously doubt any judge is going to be upset if both of those things happened.
I have a very strong feeling that LE and the DA are in close touch with the Judge. Just a hunch. Based on years of working in the legal systems of the Western U.S. Especially more recently - everyone is very concerned about proper and legal investigations.
At any rate, I've never heard of any cases where evidence gained via a search warrant was suppressed because it took over a week to obtain. I'd be very interested in knowing about cases where length of time of a search, alone, resulted in suppressed evidence.
We aren't allowed to sleuth the daughters, and I'm not sure what their situation has to do with evidence suppression.
Judges don't have to ask the household members' permission before signing a search warrant, do they? In this case, I do believe LE probably asked the remaining Morphews, especially on that first evening. But to collect all the evidence needed, from everyone's phones and computers.
I suspect that initially, most people asked voluntarily shared their phone data about Suzanne's whereabouts on the day she went missing.
If the search was done pursuant to a warrant, the burden would be on the defendant to demonstrate that the search was "too long" and, accordingly, unreasonable. If the defendant, though, is challenging the seizure of the house (pre-warrant) & being forbidden from entering his home so that a warrant can be sought, then the burden would be on the government to show that the seizure was reasonable. Length of the search -- pursuant to a warrant -- is not what I've been referring to.
I'm somewhat confused: Wasn't there a contention that the home was seized for ten days prior to investigators obtaining a warrant?