LE serves search warrant on family home #3

[Salem]

I have never seen a search warrant that limits a search to a single room or area within a house. Evidence could be hidden anywhere inside a house/garage. I think it would be impossible for LE to know in advance where to look.

JMO

The Supreme Court said in Groh v. Ramirez, 124 S. Ct. 1284 (2004) that a search warrant must describe with reasonable certainty the place to be searched and the items to be seized. If it does not, the warrant is unconstitutional.

Our 4th Amendment give us a right to be secure in our persons and property and free from unreasonable searches and siezures. LE must follow the requirements/procedures laid out by the S. Ct. or risk losing any evidence they might be able to gather.

That said, it is true that the warrant does not have to say "search of the brown couch in the living room" but it does have to state that LE would like to search the interior of the house and all the rooms therein and the front and backyards. The key is "reasonable certainty." LE can make general statements like "based on the information we have, we believe this happened and we want to search the interior of the house to see if we can find this item or other items connected to this item/event, which we believe is still in the house" or something like that.

HTH,

Salem

 

[SyraKelly]

I think its going to be other day that Lisa is still out there..its cold,rainy and windy here-I hate to think of her out there-I am sad they did not find her today!!

 

[MyBelle]

There's plenty of them. LE can only search the place(s) described in the warrant. That might be the entire house, but warrants are typically, in my experience, more specific than that. For example, maybe LE can search the entire house, but they can't search a room inside the house that's rented to a lodger. Or they can search the kitchen and bathrooms for specific items as outlined in the warrant, but not the rest of the house.

Those are just a couple of examples. Plenty of warrants have a much broader scope than the above examples, some don't.

Obviously our experiences are different.

IMO

I have never seen a search warrant where a Judge has excluded a portion of any house if a serious crime such as murder or kidnapping has been committed anywhere in the house. Forensic examinations usually include bathrooms and kitchens. It would be great if you could provide a link.

JMO

 

[housemaid25]

Is there a live feed for HLN by any chance because my idiot husband (can we say that on here???) is watching damn wrestling which I hate with a passion and he knows it..

http://www.rentadrone.tv/hln-live-stream-feed/

right now covering CM trial.

 

[nursebeeme]

The Supreme Court said in Groh v. Ramirez, 124 S. Ct. 1284 (2004) that a search warrant must describe with reasonable certainty the place to be searched and the items to be seized. If it does not, the warrant is unconstitutional.

Our 4th Amendment give us a right to be secure in our persons and property and free from unreasonable searches and siezures. LE must follow the requirements/procedures laid out by the S. Ct. or risk losing any evidence they might be able to gather.

That said, it is true that the warrant does not have to say "search of the brown couch in the living room" but it does have to state that LE would like to search the interior of the house and all the rooms therein and the front and backyards. The key is "reasonable certainty." LE can make general statements like "based on the information we have, we believe this happened and we want to search the interior of the house to see if we can find this item or other items connected to this item/event, which we believe is still in the house" or something like that.

HTH,

Salem

bumping up for mybelle

 

[josie1986]

thought i'd post these for people that missed the live feed,i watched it but missed these parts.

that bag seems pretty big...wonder what was in it

 

[Turnadot]

I have never seen a search warrant where a Judge has excluded a portion of any house if a serious crime such as murder or kidnapping has been committed anywhere in the house. Forensic examinations usually include bathrooms and kitchens. It would be great if you could provide a link.

JMO

Then read more of them...? I don''t mean any snark with that, it's just a suggestion.

If the warrant doesn't describe a place(s) ("The Entire House, your honor" doesn't cut it) to be searched, and the items that are expected to be seized, the warrant is unconstitutional.

 

[MyBelle]

The Supreme Court said in Groh v. Ramirez, 124 S. Ct. 1284 (2004) that a search warrant must describe with reasonable certainty the place to be searched and the items to be seized. If it does not, the warrant is unconstitutional.

Our 4th Amendment give us a right to be secure in our persons and property and free from unreasonable searches and siezures. LE must follow the requirements/procedures laid out by the S. Ct. or risk losing any evidence they might be able to gather.

That said, it is true that the warrant does not have to say "search of the brown couch in the living room" but it does have to state that LE would like to search the interior of the house and all the rooms therein and the front and backyards. The key is "reasonable certainty." LE can make general statements like "based on the information we have, we believe this happened and we want to search the interior of the house to see if we can find this item or other items connected to this item/event, which we believe is still in the house" or something like that.

HTH,

Salem

In every case of missing baby/person that I have followed, whether it be Lisa or Laci or Caylee, the entire houses/properties have been searched. I have yet to see any search warrant in such cases where the Judge has excluded specific rooms or areas of a house.

JMO

 

[sarx]

Crazy busy day. Once again, I have to sign out. Someone please send a carrier pigeon if anything breaks! Offline for next 4 hrs or so...

 

[Amster]

Road appears to still be closed

They have been keeping their lights on most of the night, most nights from what i hear from frustrated peeps up there.

I honestly do not understand the mindset of that neighborhood as you describe it. Do these people want LE to quit searching?? Do they want the media to stop reporting?? It will come to an end, soon. In the meantime, a little baby is missing.....:waitasec:

 

[realmomof5]

I understand what you're saying BUT this is afterall a crime discussion forum, thus the thread titled Did the mother do it? or something along those lines.

The mother got on national tv and admitted she was drunk the night her baby was so called 'kidnapped'.

There are people here who voice pro and con about the parental involvement.

imo

Yes, I am aware of that. I am well educated. What I am trying to convey is that many people have them convicted all ready. It would be great to explore the possibilities of both sides of possibilities. There have been far too many cases that the mom or dad or both have been tried and convicted then come to find out they had nothing to do with it. Far too many cases of people saying that situations are not plausible when in fact they actually happen.
I do not have a heart nor mind that could commit such a heinous crime against a defenseless child. In saying that, I can truly not say what a person with that mindset would or would not do. The same goes for the parents, I have not had their exact situation happen to me so I can only go on what I would want to do or think I should do. Often times this is not the case when something really happens. I may react in a totally different matter than I had planned or thought I would.
I read through this site for 2 or 3 days and that was what landed me here as a member. This is an important site focused on missing children and helping find them...I thank all of you for your dedication and candor.

 

[AngelWings444]

WHAT GARAGE SALE? Sorry for yelling but I can't find it anywhere. I don't like rumors. We shouldn't speculate on someone coming inside of a home, during a garage sale, if there wasn't a garage sale in the first place.

Did I miss it? I apologize if I did. :waitasec:

 

[marge_rita]

thought i'd post these for people that missed the live feed,i watched it but missed these parts.

that bag seems pretty big...wonder what was in it

great shots. A dirty computer chair. Large bags--LE is going over that home with a fine toothed comb.

imo

 

[marge_rita]

Yes, I am aware of that. I am well educated. What I am trying to convey is that many people have them convicted all ready. It would be great to explore the possibilities of both sides of possibilities. There have been far too many cases that the mom or dad or both have been tried and convicted then come to find out they had nothing to do with it. Far too many cases of people saying that situations are not plausible when in fact they actually happen.
I do not have a heart nor mind that could commit such a heinous crime against a defenseless child. In saying that, I can truly not say what a person with that mindset would or would not do. The same goes for the parents, I have not had their exact situation happen to me so I can only go on what I would want to do or think I should do. Often times this is not the case when something really happens. I may react in a totally different matter than I had planned or thought I would.
I read through this site for 2 or 3 days and that was what landed me here as a member. This is an important site focused on missing children and helping find them...I thank all of you for your dedication and candor.

I respect your comments and opinions about the case. :seeya:

 

[Marah]

I had a dream last night that they found something in a vent... like an AC vent.... But, at the neighbors house ... the one she was drinking with.

call it in??

 

[Turnadot]

In every case of missing baby/person that I have followed, whether it be Lisa or Laci or Caylee, the entire houses/properties have been searched. I have yet to see any search warrant in such cases where the Judge has excluded specific rooms or areas of a house.

JMO

Because like every other warrant, places were specified in the warrant. If they had not been, the warrant would have been unconstitutional.

Not all warrants are that broad in scope.

 

[Jaxson]

WHAT GARAGE SALE? Sorry for yelling but I can't find it anywhere. I don't like rumors. We shouldn't speculate on someone coming inside of a home, during a garage sale, if there wasn't a garage sale in the first place.

Did I miss it? I apologize if I did. :waitasec:

There was a garage sale. It is listed in the timeline. It is a FACT

sorry for yelling but you were answered previously and I guess you didn't hear...I am joking, lol

 

[Peazzzer]

Thank you all for keeping us in the know here.. I appreciate everyones dedication including LE for Lisa! Guests, join us! Webslueths rocks!! Has anyone seen BeanE? Thanks nursebeeme!

 

[nursebeeme]

WHAT GARAGE SALE? Sorry for yelling but I can't find it anywhere. I don't like rumors. We shouldn't speculate on someone coming inside of a home, during a garage sale, if there wasn't a garage sale in the first place.

Did I miss it? I apologize if I did. :waitasec:

it was on day one or two and should be in the timeline or thread one or two of the general discussion threads.

 

[Dr.Fessel]

Here is a chapter out of a book called One Door Away From Heaven by Dean Koontz. pg 478

Thought to myself now where in the heck have I heard this before.