LE serves search warrant on family home #3

[In da Middle]

For real???? OMG!! What if LE found baby Lisa today or something that is significant... all the defense has to say is they had no right to be in the home - and throw the evidence out of the court room....

Not exactly. LE has done 'signed consent' searches before. They were given permission to enter.

 

[luckyme]

oh! I get back and i cant catch up!:innocent:

 

[Jaxson]

I am not In da Middle and I do not live in the area but if I may.. In reading In da Middle's posts of her perspective or living in the area and knowing and speaking with many of the ppl living in and around baby Lisa's home and the areas surrounding that have been the focus of much search.. I do not believe that she has in any way whatsoever expressed anything saying that people are angry and disgusted with it and to hell with baby Lisa and finding her.. Infact I've heard the total opposite that these neighbors and surrounding community that are within the scope of the searches are wanting desperately for this child to be found.. They care very deeply and in no way are expressing any negative feelings toward baby Lisa or find baby Lisa..

What In da middle has taken time to kindly share with all of us is the "real perspective" of those living this up close and personal.. And in "real" that means telling it like it is.. Of course there are feelings of inconvenience and frustration as it does affect peoples daily lives, but they are not expressing frustration directed at baby Lisa AT ALL IN ANYWAY, nor blaming baby Lisa for the inconvenience that some aspects are causing.. But rather In da middle is saying that this neighbor is willing to deal with all of this for baby Lisa and UNTIL BABY LISA IS FOUND.. that's a very realistic and true account of peoples lives while living this current unfortunate situation.. Thanks to In da Middle for sharing what details you have with us of living in this area at this time..

And I, in no way am attempting to speak for In da middle, but rather just my opinion on the details she shares with us about the ongoing case of baby Lisa.. Jmo, tho!!

And In da Middle has done a bang up job of it too! I can't thank her enough.

 

[Turnadot]

No, I was discussing this case specifically.The entire house is a crime sceneand the case still unsolved. All that is needed is a description of the property to be searched. The probable cause to search it has to be listed separately as does what they hope to find.

I work in a prison. I don't believe anyone in it has been wrongfully convicted and they are youth, not adults so their cases have been closely monitored as far as due process.

JMO

Nope.

Again, items expected to be seized (example: living room carpet, kitchen chair, bedroom rug, towels in bathroom - just examples, as I'm not privy to the warrant), have to be included in the scope of the warrant, or the warrant is not constitutional.

 

[Amster]

wow...ok...I understand. No more questions from me. I didn't realize that I was off base. Sorry about that.

 

[nursebeeme]

No, I was discussing this case specifically. The entire house is a crime scene and the case still unsolved. All that is needed is a description of the property to be searched. The probable cause to search it has to be listed separately as does what they hope to find.

I work in a prison. I don't believe anyone in it has been wrongfully convicted and they are youth, not adults so their cases have been closely monitored as far as due process.

JMO

good points you make Mybelle :rocker:

 

[frankie069]

Was the entire house considered a crime scene? I don't believe it was.

Well I am sure that mom and dads room, considering she said she blacked out and was in her room was part of it. Lisa's room, any rooms with a trap i am sure in case of blood being washed away, if there was a basement or an attic I would say they would be as well. The computer room where someone possibly entered would be included and unless they had cause to say the baby was in the brothers room, well that might be the only room that wasnt on the warrant. I would bet though that the whole house was included. Along with the camper, that shed and the yard.. Seems that everything was in there.

 

[davehead21]

Whether or not they found Lisa today, which they didnt, they would have every right to search that home. The warrant said so. You cannot throw the judges warrant out, what judge is going to do that, its a legal and binding document.

I think that was Wendy's point. Had they not had the search warrant and found something of significance, the defense (if the case went to trial) would say that LE had no right to be in the home.

 

[davehead21]

Not exactly. LE has done 'signed consent' searches before. They were given permission to enter.

Thanks for this info, I must have missed the signed consent part of the previous searches. Just when I think I have everything straight, I learn about 9283749 new things!!

 

[Sherbie]

Regarding the search warrants, I think it depends on what's being searched for and the probable cause given by LE that dictate which areas of a property might be approved for a search. For example, a warrant is not gonna be approved to dig up, say, an entire yard or knock walls down to look for a box of stolen DVDs. There have to be limitations in scope to prevent LE from going on a fishing expedition to look for any ol' thing they can find to incriminate someone.

 

[Minette]

'No need for a search warrant' could as easily mean 'because the parents had previously given their consent for searches and would again' as it could mean 'the police had no right to be in that house!' What Tacopina actually said was that LE has had unfettered access to the house from the beginning, and that the the parents had already removed themselves from the property.

This is why I am truly beginning to hate the media. The way they spin and edit for sound bites is just whipping up a frenzy over things people didn't actually say.

 

[Jaxson]

Whether or not they found Lisa today, which they didnt, they would have every right to search that home. The warrant said so. You cannot throw the judges warrant out, what judge is going to do that, its a legal and binding document.

Frankie if you look back at Wendy's post and the highlighted quote contained I think she was responding to JT's remark today that a warrant wasn't needed. So if their hadn't been a warrant anything they found could have been thrown out in court.

oops Davehead I am a little slow...

 

[Turnadot]

Was the entire house considered a crime scene? I don't believe it was.

Well that's the whole point, Mybelle; if it's not part of the crime scene, it's not covered in the warrant.

So obviously you are privy to at least one warrant where a room was excluded.

IMO

 

[Amster]

I am not In da Middle and I do not live in the area but if I may.. In reading In da Middle's posts of her perspective or living in the area and knowing and speaking with many of the ppl living in and around baby Lisa's home and the areas surrounding that have been the focus of much search.. I do not believe that she has in any way whatsoever expressed anything saying that people are angry and disgusted with it and to hell with baby Lisa and finding her.. Infact I've heard the total opposite that these neighbors and surrounding community that are within the scope of the searches are wanting desperately for this child to be found.. They care very deeply and in no way are expressing any negative feelings toward baby Lisa or find baby Lisa..

What In da middle has taken time to kindly share with all of us is the "real perspective" of those living this up close and personal.. And in "real" that means telling it like it is.. Of course there are feelings of inconvenience and frustration as it does affect peoples daily lives, but they are not expressing frustration directed at baby Lisa AT ALL IN ANYWAY, nor blaming baby Lisa for the inconvenience that some aspects are causing.. But rather In da middle is saying that this neighbor is willing to deal with all of this for baby Lisa and UNTIL BABY LISA IS FOUND.. that's a very realistic and true account of peoples lives while living this current unfortunate situation.. Thanks to In da Middle for sharing what details you have with us of living in this area at this time..

And I, in no way am attempting to speak for In da middle, but rather just my opinion on the details she shares with us about the ongoing case of baby Lisa.. Jmo, tho!!

Just to be clear....I never said the local person said any such thing as "to hell with baby Lisa and finding her"....

By asking questions about the attitudes of the neighbors, somehow I am being accused of dissing somebody. If that is the rule....no questioning of the local poster....then I can abide by that. I didn't know I was doing anything wrong.

 

[TGIRecovered]

Is that an ADT (Security sign) in Irwin yard. WTH what "Kidnapper" would target that house??? Just saying.:banghead:

It is possible that the previous owners of the home had a security system installed and subscribed to the monthly service which monitors the alarm. When DB moved in , she would have had to have the service transferred to her name and billed accordingly. If she did not want the added expense of the monitoring service she probably did not continue it. She would still have the sign for the yard because the alarm system is still there, it's just not hooked up. DB and JI had trouble keeping up with the phone bill so I doubt they were springing for the security monitoring. MOO

 

[luckyme]

It is possible that the previous owners of the home had a security system installed and subscribed to the monthly service which monitors the alarm. When DB moved in , she would have had to have the service transferred to her name and billed accordingly. If she did not want the added expense of the monitoring service she probably did not continue it. She would still have the sign for the yard because the alarm system is still there, it's just not hooked up. DB and JI had trouble keeping up with the phone bill so I doubt they were springing for the security monitoring. MOO

BINGO!!!! great post. I do have a alarm system, but i never alarm it. which i should! When we moved in we kept the original sign out front. I finally changed it to my company. I just asked my hubby what was the code. :innocent: I dont think they paid for the alarm company at 25 and couldnt pay cell phones. moo

 

[nursebeeme]

Thanks for this info, I must have missed the signed consent part of the previous searches. Just when I think I have everything straight, I learn about 9283749 new things!!

I personally learn 9283750 plus new things on each case I follow on webleuths:rocker:

 

[cluciano63]

Well that's the whole point, Mybelle; if it's not part of the crime scene, it's not covered in the warrant.

So obviously you are privy to at least one warrant where a room was excluded.

IMO

Wasn't there a room in Stephen Powell's house that could not be searched at one point, because it belonged to another adult, or something like that? I could be wrong.

 

[scmom]

I can see the parents signing a consent to search, but only until they hired an attorney. They hired an attorney because they believe LE has them under the microscope, and that is true. Having hired an attorney, it would be hard to believe said attorney would advise them to sign another consent to search. What would happen if their attorney advised them to sign a consent to search and something was found to incriminate them in a crime?

 

[Aedrys]

Joining in late here...I see a huge discussion about search warrants, but not much about what might have been found today. Is the search still going on or has LE just not said anything? The suspense is killing me!!!!

And to add to the conversation, search warrants HAVE to be VERY specific or they could get thrown out. I believe LE crossed all t's and dotted all i's with that warrant because they have to or they might lose evidence! JT is full of bullhockey saying that they didn't need one. You have to love idiotic defense spin...