GUILTY IL - Katrina Smith, 30, beaten to death, Machesney Park, 23 Oct 2012 - #2

[McDonough]

Could you provide a link for this info? I recall a search warrant was served on Todd almost a week later because we wondered what took LE so long to search the house. I never read anything about LE "breaking into the house."

There have been several search warrants issued so far, 3 at least as far as I know.

The day after Katrina was reported missing police kicked in the garage door to gain access to the house while Todd was at the police station being questioned. A neighbor reported it on the find Katrina Facebook page when it was happening but the post was deleted. Several other references were made on the stepbrothers website, and I have heard the same information from a friend who has close ties to the case. I wondered if they were entering the house to make sure that she wasn't being held against her will, maybe something Todd said in his interview set off warning bells to investigators?

 

[McDonough]

I have linked it here often, but the case archive is not getting much notice, so here it is...

Katrina Smith case archive, updated as often as possible:
http://s296.photobucket.com/albums/mm166/crankycrankerson/Katrina%20Smith%20%20-IL-/

What a huge source of reference information for this case - thank you for sharing!!!

 

[nervous_nellie]

There have been several search warrants issued so far, 3 at least as far as I know.

The day after Katrina was reported missing police kicked in the garage door to gain access to the house while Todd was at the police station being questioned. A neighbor reported it on the find Katrina Facebook page when it was happening but the post was deleted. Several other references were made on the stepbrothers website, and I have heard the same information from a friend who has close ties to the case. I wondered if they were entering the house to make sure that she wasn't being held against her will, maybe something Todd said in his interview set off warning bells to investigators?

i understand what your saying, but if there is no link in msm of le releasing this information then we cant state it as fact on the board...kwim?

 

[McDonough]

2. The house was owned by Katrina, it is in her name, they wouldn't need permission, nor could anyone refuse them right to enter the home owned by a missing person.

3. With no one home, they would have to break in to search or look, how else would they get in. If they were so certain they thought he had something to do with it and that she might be there, they would have just kicked in the front door.

Restating stuff like this as if it was factual is how rumors and gossip gets started.

2. Not correct. Because Todd lived there LE could not enter the home without permission because he would have a legitimate expectation of privacy in his home. If Todd had been home when they came to the door he had the absolute right to refuse them entry until they could provide him with a warrant.

 

[McDonough]

i understand what your saying, but if there is no link in msm of le releasing this information then we cant state it as fact on the board...kwim?

Gotcha - didn't mean to imply that it was fact since MSM hasn't reported it, just clarifying where I had heard/seen the information. My apologies.

 

[Annie1004]

There have been several search warrants issued so far, 3 at least as far as I know.

The day after Katrina was reported missing police kicked in the garage door to gain access to the house while Todd was at the police station being questioned. A neighbor reported it on the find Katrina Facebook page when it was happening but the post was deleted. Several other references were made on the stepbrothers website, and I have heard the same information from a friend who has close ties to the case. I wondered if they were entering the house to make sure that she wasn't being held against her will, maybe something Todd said in his interview set off warning bells to investigators?

My understanding of WS's TOS is that unless it shows up in MSM and a link is provided, it is considered rumor. Have you been verified? Legally, LE may not "break" someone's door down without a search warrant, unless it is a life-or-death emergency. I'm reading too many rumors that have not been substantiated.

 

[nervous_nellie]

Gotcha - didn't mean to imply that it was fact since MSM hasn't reported it, just clarifying where I had heard/seen the information. My apologies.

oh no apologies necessary...just trying to nail jello to the wall as to what actual facts we have that are concrete...lol

 

[McDonough]

oh no apologies necessary...just trying to nail jello to the wall as to what actual facts we have that are concrete...lol

In this case I believe nailing Jello would be much simpler

 

[LMStyle]

2. Not correct. Because Todd lived there LE could not enter the home without permission because he would have a legitimate expectation of privacy in his home. If Todd had been home when they came to the door he had the absolute right to refuse them entry until they could provide him with a warrant.

Since you have friends or sources that are SO close to this case, you should ask them before saying I am incorrect. You are wrong and I'll explain why. Sorry if I seem harsh but again stating all this information with all these claims of "direct or inside sources" to make the information you post seem as if it is completely factual or documented is the problem that contributes to the rumor mills. I wouldn't be surprised if 100 people have already taken what you wrote and spread it around as if it was reported by the Winnebago County Sheriffs Office. It also bothers me that such stuff is stated in such a way to make it looks as if he is guilty when it is just standard procedure.

There is a clause where search warrants are not necessary for a few circumstances, the one that would apply here would be "emergency search" and there is also "exigent circumstances" which would moderately apply in missing person's case.

If someone calls the police and says I heard the neighbors arguing, it sounds bad and the police go and the husband answers and they ask if everything is ok, can they look around to ensure everyone in the home is safe, he can refuse, but they will enter anyhow, he can only object to it make it clear is objects to it, but the police will still enter and search and make sure everything is ok. That is regardless of who owns or lives there or anything. That is just based on someone, anyone reporting any sort of disturbance at the residence.

Any direct or hearsay information can be used for either obtaining a search warrant or conducting an emergency search. Since she was reported missing, that is all they need to conduct an emergency search of any residence she would be known to have been staying at.

 

[TexasCharm]

i understand what your saying, but if there is no link in msm of le releasing this information then we cant state it as fact on the board...kwim?

'cause we all know MSM only reports FACTS ..... just sayin' hehe

I understand the rule,but I don't trust even MSM as factual .....

imo

 

[Snoopster]

AmandaReckonwith.....

Thank you for your terrific photobuckets for so many WS cases!

:yourock:

I second this!!! :rocker:

Amanda's file now contains 247 photos (including photos of news articles, documents and key webpages) and 29 videos for Katrina's case alone. Fantastic job, as always! Thank you so much for your hard work.

:takeabow:

 

[B4igo2it]

My understanding of WS's TOS is that unless it shows up in MSM and a link is provided, it is considered rumor. Have you been verified? Legally, LE may not "break" someone's door down without a search warrant, unless it is a life-or-death emergency. I'm reading too many rumors that have not been substantiated.

I would say finding Katrina Smith was a "life-or-death emergency" at that time. We do not know what the situation inside her vehicle was (remember Whitney's SUV!) - and IMHO, LE had every right to enter Katrina's residence with or without a warrant. I do not know if it legally belongs to her husband or not as it was acquired prior to their marriage. Do you have a link as to how LE should proceed in this instance? I have no idea if legal or not. The owner is missing, someone else is living in the home (although married does not mean they are not involved) in any crime that may have occurred. Again, we do not know the condition of her vehicle and all evidence found by LE at that time.

Obviously, LE felt it was warranted and was able to obtain a search warrant at another time/date.

You have to admit, evidence found (that has been made public) appears to be staged ...

WS is no longer verifying posters - this was previously addressed in an earlier post on this thread.

 

[B4igo2it]

I am so grateful Katrina was found and brought home. Her family was able to give her a beautiful celebration of life. God brought us to her body, now we await to be brought to those responsible.

 

[scadder21]

Since you have friends or sources that are SO close to this case, you should ask them before saying I am incorrect. You are wrong and I'll explain why. Sorry if I seem harsh but again stating all this information with all these claims of "direct or inside sources" to make the information you post seem as if it is completely factual or documented is the problem that contributes to the rumor mills. I wouldn't be surprised if 100 people have already taken what you wrote and spread it around as if it was reported by the Winnebago County Sheriffs Office. It also bothers me that such stuff is stated in such a way to make it looks as if he is guilty when it is just standard procedure.

There is a clause where search warrants are not necessary for a few circumstances, the one that would apply here would be "emergency search" and there is also "exigent circumstances" which would moderately apply in missing person's case.

If someone calls the police and says I heard the neighbors arguing, it sounds bad and the police go and the husband answers and they ask if everything is ok, can they look around to ensure everyone in the home is safe, he can refuse, but they will enter anyhow, he can only object to it make it clear is objects to it, but the police will still enter and search and make sure everything is ok. That is regardless of who owns or lives there or anything. That is just based on someone, anyone reporting any sort of disturbance at the residence.

Any direct or hearsay information can be used for either obtaining a search warrant or conducting an emergency search. Since she was reported missing, that is all they need to conduct an emergency search of any residence she would be known to have been staying at.

SO LMS I ask you, if McDonough's source says there was a search warrant but your source says there wasn't. Wouldn't your source be just as much hearsay as their's? What makes you so confident in your source about this? McDonough could be just as confidence in there source.

 

[LMStyle]

SO LMS I ask you, if McDonough's source says there was a search warrant but your source says there wasn't. Wouldn't your source be just as much hearsay as their's? What makes you so confident in your source about this? McDonough could be just as confidence in there source.

Please link/quote me as to where I said there was not a search warrant? I never claimed such a thing, nor did I claim a source told me there wasn't.

http://www.winnebagosheriff.com/index.php?option=com_content&task=view&id=329&Itemid=115

I even pointed out that they did get the address incorrect though in the press release as evidenced here

http://i296.photobucket.com/albums/mm166/crankycrankerson/Katrina Smith -IL-/103012sw1.jpg

 

[nervous_nellie]

'cause we all know MSM only reports FACTS ..... just sayin' hehe

I understand the rule,but I don't trust even MSM as factual .....

imo

i understand and agree to a point... i guess i should have been clearer...When Law Enforcement makes statements to the press in the form of an interview or public presser explaining the facts of the case and any poi's , suspects etc. all of this is almost always conveyed by one if not all local msm news outlets. these i trust. this is what type of link i am requesting for the info of how many search warrants have been issued, if there is a POI and who that POI may be. So far, none of this info has been provided froLE.moo

with that in mind, my opinion is that most of what we are tossing around here are rumors and personally held beliefs...and thats fine...but i think its important to remember that they are not facts... jmho

 

[McDonough]

Since you have friends or sources that are SO close to this case, you should ask them before saying I am incorrect. You are wrong and I'll explain why. Sorry if I seem harsh but again stating all this information with all these claims of "direct or inside sources" to make the information you post seem as if it is completely factual or documented is the problem that contributes to the rumor mills. I wouldn't be surprised if 100 people have already taken what you wrote and spread it around as if it was reported by the Winnebago County Sheriffs Office. It also bothers me that such stuff is stated in such a way to make it looks as if he is guilty when it is just standard procedure.

There is a clause where search warrants are not necessary for a few circumstances, the one that would apply here would be "emergency search" and there is also "exigent circumstances" which would moderately apply in missing person's case.

If someone calls the police and says I heard the neighbors arguing, it sounds bad and the police go and the husband answers and they ask if everything is ok, can they look around to ensure everyone in the home is safe, he can refuse, but they will enter anyhow, he can only object to it make it clear is objects to it, but the police will still enter and search and make sure everything is ok. That is regardless of who owns or lives there or anything. That is just based on someone, anyone reporting any sort of disturbance at the residence.

Any direct or hearsay information can be used for either obtaining a search warrant or conducting an emergency search. Since she was reported missing, that is all they need to conduct an emergency search of any residence she would be known to have been staying at.

Actually what I replied has nothing to do with knowledge of the case it's law plain and simple. Just because he didn't legally own the house doesn't leave him with no rights. Had the police approached his door, asking to search, he had every right to say no unless they return with a warrant (no clue if this actually happened, just sharing the law)

If LE believed that someone could possibly be injured or being held against their will within a residence absolutely they are going to enter regardless. This has nothing to do with who is the homeowner though. Now for a non-emergent search LE has no right to enter the home without either Todd's permission or a warrant.

You seen very defensive whenever anyone posts something contrary to your belief that Todd had no involvement in Katrina's disappearance and I can honestly only expect that I would feel the same way. At the same time I have not read one single person here post that they hope Todd is the guilty party and why would they. Unfortunately, more often than not the spouse is the guilty party and since LE has released absolutely no information regarding who is and isn't a suspect Todd remains the most logical possible suspect.

 

[scadder21]

Please link/quote me as to where I said there was not a search warrant? I never claimed such a thing, nor did I claim a source told me there wasn't.

http://www.winnebagosheriff.com/index.php?option=com_content&task=view&id=329&Itemid=115

I even pointed out that they did get the address incorrect though in the press release as evidenced here

http://i296.photobucket.com/albums/mm166/crankycrankerson/Katrina Smith -IL-/103012sw1.jpg

I'm not talking about any quote you made. The implication of your statement is that McDonough's source is incorrect and that because of that false rumors are being spread. With the lack of information being given by the Sheriff to the MSM we really don't have much to go on at all. Because WS doesn't verify locals anymore we can either choose to trust someone who says they have inside sources or not. I just don't get the point of your post saying that it's not necessary to get a Search Warrant to enter a house when another poster of ours who claims to have someone close to the investigation stated that in fact there was a search warrant that day. Not sure the point of contesting that.

 

[nervous_nellie]

THIS IS THE POST FROM KIMSTER REGARDING VERIFICATION...

Websleuths Crime Sleuthing Community - View Single Post - Rules Verification Process for Professional or Insider Posters

Please note that only the owners and administration are privy to members who are on the verified list. Generally only two administrators work on the verifications, but other administrators may be asked to help if the need warrants.

Insiders
If you have not known the family or friends prior to the incident, you most likely will not be verified. There are certain instances where this becomes necessary like in the case where a private investigator is hired and wants to post as an insider. Websleuths does not condone our members getting involved in crime cases unless there is something the member can do that will make a difference. Please contact law enforcement with any tips.

Professional posters:
When you send in your information, please scan your license and attach to your email at the same time. That will expedite the process.

Locals:
We no longer verify locals. It became way too time consuming and we didn't feel it was necessary. However, if a moderator deems that a poster seems to be more of an insider than a local, we will ask that you become verified before posting information that is not on the MSM. Otherwise, you are free to post about your area and what you've observed.


A great big to all of you who are willing to help on Websleuths!
__________________

 

[McDonough]

And honestly, I sincerely hope and pray that Todd didn't kill Katrina. It's a terrifying thought that a husband could so easily kill the woman he loves. I pray this is not the case here.