Seattle1
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^^bbmI'm not sure that's accurate for missing persons cases. I would want a lawyer to weigh in. @Gitana, where are you?
The probable cause is "there's someone missing from the house." That's all that is needed. It doesn't take blood. In fact, police should not go into a house without permission of one of the owners/occupants. They don't want to find evidence (blood) and then have it thrown out of court. So, before they go in, they get a warrant (sealed). Most judges in the US will give LE a general kind of search warrant if a person is missing. The amount of time the person has to be missing varies - but in a case like this, with a full fledged search happening on May 10, I assume LE contacted a judge on the 11.
You don't need anything more than a missing person and a judge who knows missing persons cases.
The judge may still ask questions (very common). The judge probably took until Tuesday to decide, and then it had to be filed. Then police had to decide who was going out and which experts they wanted.
Do we know which day the search happened? If someone has a lawyer and an interest in contesting the warrant, that could delay things.
WS members are most fortunate to have a new verified attorney @Chomsky that's been active here and provided guidance on similar questions earlier in this thread.
Specific to a search warrant for missing person case, take note that it's not a crime to go missing.
It's my understanding here that probable cause must relate to an alleged crime or criminal activity.
There would first have to be credible information that the person is not voluntarily missing, where they're missing against their will and/or under the influence of a third party (e.g., abduction, murdered victim).
It seems to me that we have a good grasp of the four requirements for a valid search warrant as itemized below but fall short on truly understanding how probable cause is established - especially in relation to a search.
A valid search warrant must meet four requirements:
(1) the warrant must be filed in good faith by a law enforcement officer;
(2) the warrant must be based on reliable information showing probable cause to search;
(3) the warrant must be issued by a neutral and detached magistrate; and
(4) the warrant must state specifically the place to be searched and the items to be seized.
@Chomsky - can you perhaps help us marry these two legal concepts of how to establish probable cause to satisfy the requirement in a valid search warrant. Thanks again for your courtesy.
https://www.justia.com/criminal/docs/search-seizure-faq/
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