Found Deceased KY - James 'Mike' Kimsey, 48, Louisville, 29 May 2015

[Rocky Road]

No, LE does not need a warrant when a person voluntarily consents to a search.
(Source: I am an attorney)

But if a person does not voluntarily consent to a search..... what must happen then to search premises?

 

[fred&edna]

But if a person does not voluntarily consent to a search..... what must happen then to search premises?

I wonder if search warrants are required for phone/financial/electronic records (including those found outside the "voluntary consent" premises)

I hope Island_Chica returns with additional info.

 

[michmi]

I wonder if search warrants are required for phone/financial/electronic records (including those found outside the "voluntary consent" premises)

I hope Island_Chica returns with additional info.

I can tell you from recent experience that as far as financial data (bank/credit card, etc), yes a search warrant is required and even then there are some financial institutions that are VERY reluctant to comply.

The officer who brought my brother back requested land line and cell phone info from me and I willingly gave it. It consisted of to/from calls and instances of text messages (date/time), but for the content of those messages a search warrant to the carrier would have been required.

 

[Wyle_E_Coyote]

But if a person does not voluntarily consent to a search..... what must happen then to search premises?

There must be probable cause, ie, some evidence that a crime has been committed. Suspicion is not enough. If there is probable cause, LE will ask a judge for a search warrant. If the judge agrees that there is sufficient probable cause , ie, evidence, then the judge will issue a search warrant.

When requesting a search warrant, LE can't just say "we want to search this house." LE must detail what evidence they are looking for. General fishing expeditions aren't allowed.

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[Rocky Road]

There must be probable cause, ie, some evidence that a crime has been committed. Suspicion is not enough. If there is probable cause, LE will ask a judge for a search warrant. If the judge agrees that there is sufficient probable cause , ie, evidence, then the judge will issue a search warrant.

When requesting a search warrant, LE can't just say "we want to search this house." LE must detail what evidence they are looking for. General fishing expeditions aren't allowed.




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Can a search warrant be obtained based on rumors or hearsay?

 

[Wyle_E_Coyote]

Can a search warrant be obtained based on rumors or hearsay?

No.

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[Wyle_E_Coyote]

All of the information included must be based on credible or verified sources. The police cannot simply base the search warrant on hearsay or rumors.

Read more: http://criminal-law.freeadvice.com/...arches/warrant-requirements.htm#ixzz3mgU9w4HM
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[LawFilly]

Just a thought: who is to say that the wife is telling the truth about him leaving in the middle of the night? Was he even there for the previous hours?

Hambone, how do we know he really took his cellphone and wallet? Do we know what time he left...some say "middle of the night", and others say "early morning around 6:00 a.m. Almost four months and still no clues.....NOTHING!!!

 

[LawFilly]

There must be probable cause, ie, some evidence that a crime has been committed. Suspicion is not enough. If there is probable cause, LE will ask a judge for a search warrant. If the judge agrees that there is sufficient probable cause , ie, evidence, then the judge will issue a search warrant.

When requesting a search warrant, LE can't just say "we want to search this house." LE must detail what evidence they are looking for. General fishing expeditions aren't allowed.

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Could they obtain a warrant to remove ALL computers. It seems like they would do that so no evidence, if any, was removed. The right person would know how to do it. Help me on this, please. Thanks

Della Street here....lol.... :thinking: Just asking questions. :fishy:

 

[LawFilly]

But if a person does not voluntarily consent to a search..... what must happen then to search premises?

Did you find out, Rocky Road, what happens if a person doesn't consent. I thought that would be when they could get a warrant to search....but I guess they have to have a reason??? It seems the longer this case goes without search warrants, ALL phone records......computers, etc., the harder it will be to find any evidence.

 

[LawFilly]

But if a person does not voluntarily consent to a search..... what must happen then to search premises?

Does LE NEED a search warrant when the persons involve readily allow searches? I mean, if the LE said "We'd like to look around in your home and also look at your computer files." and you said OK, why would they need a search warrant? Since I assume it was the spouse that initially notified LE, and they of course visited the home, I can't imagine anyone denying LE the ability to search the place. I am not sure, because I was not there, but I believe they did search the home and grounds to some extent.

Anchorage, it would be nice to know "to what extent". It seems they would follow up again to make sure they didn't miss anything. Wonder if her parents' home has been/would be searched?

 

[LawFilly]

I think a REWARD and a BILLBOARD would be great! It could also be a reminder to his son how much people cared about his daddy.
If it was my loved one missing and I've heard nothing in four months, I would be hitting the media circuits. Then the world would know WHO HE IS and HE'S MISSING! :talker:

 

[JMcTavish]

Could they obtain a warrant to remove ALL computers. It seems like they would do that so no evidence, if any, was removed. The right person would know how to do it. Help me on this, please. Thanks

Della Street here....lol.... :thinking: Just asking questions. :fishy:

yes, with probable cause LE can remove all computers with a search warrant.

 

[Anchorage]

I agree. I have no idea on any activity on this case. No one is communicating to the public.

 

[hockeymom4]

I must say the lack of MSM among other things is interesting. It makes me wonder about things....
1. Does LE think he left on his own and they aren't investigating?
2. Do they know for a fact he left on his own and they aren't investigating?
3. Is LE just not doing their job in investigating his disappearance?
4. Are they keeping this tight lipped? If so why?

 

[Rocky Road]

I must say the lack of MSM among other things is interesting. It makes me wonder about things....
1. Does LE think he left on his own and they aren't investigating?
2. Do they know for a fact he left on his own and they aren't investigating?
3. Is LE just not doing their job in investigating his disappearance?
4. Are they keeping this tight lipped? If so why?

This is an active investigation, and the public is not privy to the specifics of the investigation. Typically, LE will release information to the public, only if releasing the information will help the case. If releasing information to the public could jeopardize the case, then any information that LE obtains throughout the investigation will not be released publicly. More simply put, whatever is made public is all that can be released at this time in order to preserve evidence.

 

[Rocky Road]

Did you find out, Rocky Road, what happens if a person doesn't consent. I thought that would be when they could get a warrant to search....but I guess they have to have a reason??? It seems the longer this case goes without search warrants, ALL phone records......computers, etc., the harder it will be to find any evidence.

Apparently, unless there is just cause to search the premises, not even a search warrant can be issued. In most cases, if someone were to go missing, the remaining members of the home would welcome for police to search the home and property, because it would be better for LE to discover the body than for a loved one to find the body, for all sorts of reasons. Most people would want this to happen. Since in this case, there was a delay in searching, there has been no clear information as to where or what has actually been searched. If Mike were suicidal or had he been attacked or hit by a car or any sort of accident, then he should have already been found near to his home, because he did not drive away. If he were attacked while walking, he should have been found by now. If he opened his door and was accosted by strangers, he should have been found on his own property. If he were hit by a car, he should have been found by now. Even if he had decided to run away and start a new life somewhere, it would make no sense for him not to take his vehicle, at least to get away from his neighborhood. Even if he had committed suicide, he should have been found nearby, or would have driven to a remote place. So wherever this case leads, it makes sense that police would already have tech devices in their possession to try to gather the most information that they can.

 

[hockeymom4]

This is an active investigation, and the public is not privy to the specifics of the investigation. Typically, LE will release information to the public, only if releasing the information will help the case. If releasing information to the public could jeopardize the case, then any information that LE obtains throughout the investigation will not be released publicly. More simply put, whatever is made public is all that can be released at this time in order to preserve evidence.

I am very well aware of that all as I have followed many cases on and off of WS and I have many friends and family past and present in LE. What I said above is my opinion and that's what I think. as I said, I feel this way due to the lack of MSM for one. Just bec there is an active investigation, that doesn't stop articles from being run. I feel like there has barely ever been anything about this guy in MSM. That is odd and one of the reasons why I feel the way I do.

 

[Wyle_E_Coyote]

I am very well aware of that all as I have followed many cases on and off of WS and I have many friends and family past and present in LE. What I said above is my opinion and that's what I think. as I said, I feel this way due to the lack of MSM for one. Just bec there is an active investigation, that doesn't stop articles from being run. I feel like there has barely ever been anything about this guy in MSM. That is odd and one of the reasons why I feel the way I do.

<sigh> I know friends and family don't want to hear it, but MSM tends to back off if there's any hint of suicide. IMO.

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[Margotrita]

I thought LE did search the house? If they didn't have a search warrant, then the wife did welcome them to search without a warrant. We haven't heard that LE has attempted to confiscate computers and phone records and have been barred, have we? Yes, this is an active case for LE, but is there assigned personnel actively working it?

This is such a frustrating and sad case! Mike, where are you?