This seems notable - can any long time sleuthers comment?
The Argus Observer is reporting that MV is not on the NCIC and calls that "noteworthy".
Under federal law, state, federal and local LE are required to enter missing juvenile reports into NCIC within 2 hours of receipt.
See DOJ PDF with details here: https://operationladyjustice.usdoj....s/media/document/oljncicmissingpersonfile.pdf
Does anyone know if in practice LE tends to comply with this law? Or why a juvenile reported missing would not be entered?
IMO LE clearly has the information required to enter him (as detailed in pdf above).
-- ETA quote from article:
Michael is not listed on the National Crime Information Center as a missing person, which is a national database that “has been called the lifeline of law enforcement,” according to information posted online by the FBI. “It’s an electronic clearinghouse of crime data, such as mug shots and crime records, available to virtually every criminal justice agency nationwide.”
The newspaper reached out to the FBI’s Salt Lake City branch to find out if, when or how a person ends up on the NCIC database. Their spokeswoman referred the newspaper to the Fruitland Police Department, which has declined to speak individually with members of the press at this time.
From my web searches, federal law absolutely requires LE to enter missing children reports into NCIC. As far as I can tell, that leaves three options:
1) the local newspaper is wrong
2) there was an LE error and he was never entered or entered incorrectly
3) or he was entered but then removed. (Which would mean he was found or the missing report was determined to be invalid).
ETA - this article was published and tweeted out 7 hours ago now. If it was an error from the paper or the police, why has there been no clarification from Fruitland PD? 'We just miss our baby and we want him home'
100% correct that it is required by Federal law that all missing persons are required to be entered into NCIC as a File 6 (Missing Person). And there is a time limit to do so.
With a department as small as FPD, it's entirely possible that they were overwhelmed and it was simply and oversight. And imo, I doubt functionally it makes a difference. For a stolen car, for example, if you don't enter it and another department stops the vehicle, they won't know it's stolen. That's common, and would be a huge issue for the department. But if a child were located, they're not going to just send him back out the front door if his name doesn't come up as a File 6. If they've had contact, there's a reason, obviously. So the receiving department would investigate, I'm sure. And unless they're hundreds of miles away, they probably know this baby is missing. Sure, it's possible a child located with an adult that LE isn't sure they're supposed to be with could get away if there wasn't a File 6 on the child, BUT, that adult wouldn't give the child's real name anyway. So while this is an agregious error, like resulting in at least a fine for FPD if they, in fact, failed to enter the child, it's not likely (imo) to have made a difference in terms of finding him.
That said, Moe is right, it's also possible the child WAS in NCIC and then it was canceled. That a horse of a different color, and that would mean located or entry error (wasn't actually missing in the first place). So will be interested to see how this plays out.
Moe, in my experience, local law enforcement takes file entries seriously. If I had to bet right now, I'd say the department was overwhelmed by this and it was an oversight.