MI MI - Danielle Stislicki, 28, Southfield, 2 Dec 2016 #9

[persimmon]

Probable cause exists for a reason.

 

[zencompass]

Hum , so if hers was a model with GPS and it was linked to her phone would that be stored on an app linked to a computer ? Her phone is missing but what if it's with her ? I realize both the phone and Fitbit would have since exceeded their battery life but what if they were syncing for a few days at least ?

I wonder if the Fitbit company could provide data to L.E. with a warrant as most people register theirs because they are costly to replace re:warranty.

Each product having a unique serial number to identify it?

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[Midge Montana]

I'd be interested in reading up on that case!


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http://www.cnn.com/2016/12/28/tech/amazon-echo-alexa-bentonville-arkansas-murder-case-trnd/

 

[Blue5591]

I'm not a mod, but I don't think there's a rule against posting links to any MSM articles.

Dead body found inside burning vehicle in Hillsdale County
http://wlns.com/2017/01/13/dead-body-found-in-burning-vehicle-in-hillsdale-county/

Get the WLNS 6 News app:

http://v1-1.api.wlns.com/storelink

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[persimmon]

My posts are disappearing or I'm messing up. I wanted to state that there is no way a judge would sign off on a search warrant without proof of probable cause. Illegal search and seizure would open up the police department to costly litigation. The process is not as casual as some are making it seem. A warrant was obtained because evidence and cicumstances lead to a belief that a crime was committed.

 

[kammiemc]

I wonder if the Fitbit company could provide data to L.E. with a warrant as most people register theirs because they are costly to replace re:warranty.

Each product having a unique serial number to identify it?

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I recently heard about a case on the news (will try to find a link on it) where a woman claimed someone broke into the house where she was staying and attacked her in her sleep, and it turned out she fabricated the story. At least one of the points of proof is that her Fitbit info showed that she was awake and walking around at the time. So someone accessed her history somehow for legal reasons.

Here is the link.

http://www.t3.com/news/us-police-use-a-womans-fitbit-data-to-prove-she-was-lying

http://www.dailymail.co.uk/news/art...bit-fitness-watch-showed-not-dragged-bed.html

I don't know if these links are working, but worth googling.

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[Wrecked5979]

There are other businesses within that building and from what I can see Sedgewick is one of them...they handle sick leave and fmla cases.

 

[6AMLatte]

If I remember the photo that I saw correctly her Fitbit is a Charge HR which does not have GPS capability. I thought about this when I saw the photo, but I have a HR and know it wouldn't provide the needed info.

Hum , so if hers was a model with GPS and it was linked to her phone would that be stored on an app linked to a computer ? Her phone is missing but what if it's with her ? I realize both the phone and Fitbit would have since exceeded their battery life but what if they were syncing for a few days at least ?

 

[Zebra Lady]

I am just not sure. If she has a model that enables GPS and uses that function then I think it's fair to assume she uses a mobile app.

If she had Bluetooth turned ON on her phone AND her Fitbit was always syncing in realtime (I do that but I don't know if most do) then that info should have been collected in real time.

I am dumb about the technology of apps, but It's totally possible that with Bluetooth synced info could have gone straight to the cloud, which could mean that someone might be able to retrieve it. But she would also had to have programmed it to track her at that time.

So a lot of IF'S, if she even was wearing it. But hopefully!


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Im not up on the technology when it comes to phones apps. My Fitbit is just a plain simple one but I see there's is a " Map It " app for Fitbits that can track your routes with a map feature. I looked at that picture again closely and I think hers" may " be a newer one that could have the GPS. I hope if it does that might help in someway figure out where she went that day.

 

[kammiemc]

If I remember the photo that I saw correctly her Fitbit is a Charge HR which does not have GPS capability. I thought about this when I saw the photo, but I have a HR and know it wouldn't provide the needed info.

Thanks for putting that one to bed!


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[kammiemc]

My posts are disappearing or I'm messing up. I wanted to state that there is no way a judge would sign off on a search warrant without proof of probable cause. Illegal search and seizure would open up the police department to costly litigation. The process is not as casual as some are making it seem. A warrant was obtained because evidence and cicumstances lead to a belief that a crime was committed.

This^^^^^^^


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[Zebra Lady]

I recently heard about a case on the news (will try to find a link on it) where a woman claimed someone broke into the house where she was staying and attacked her in her sleep, and it turned out she fabricated the story. At least one of the points of proof is that her Fitbit info showed that she was awake and walking around at the time. So someone accessed her history somehow for legal reasons.

Here is the link.

http://www.t3.com/news/us-police-use-a-womans-fitbit-data-to-prove-she-was-lying

http://www.dailymail.co.uk/news/art...bit-fitness-watch-showed-not-dragged-bed.html

I don't know if these links are working, but worth googling.

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Wow ! I have been so enlightened today by learning more about technology and how it can help or haunt us . Good info thank-you for sharing

 

[recovering]

My posts are disappearing or I'm messing up. I wanted to state that there is no way a judge would sign off on a search warrant without proof of probable cause. Illegal search and seizure would open up the police department to costly litigation. The process is not as casual as some are making it seem. A warrant was obtained because evidence and cicumstances lead to a belief that a crime was committed.

So, what would make the difference between getting a warrant for an arrest vs a warrant for search?

 

[Zebra Lady]

Thanks for putting that one to bed!


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I see 3 pictures. One shows a broken one so I assume she got a new one sometime after August. Not sure which one looks like the HR.

 

[6AMLatte]

Now, if she had manually set her app on her phone to track by GPS that's a different story...but you wouldn't do that unless you were out for a run.

Thanks for putting that one to bed!


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[jonesy5055]

Just throwing my 2 cents in. After reading all of these threads this is my opinion. SG approaches DS in building or parking lot of ML. "Hey I locked my keys in my car..is there any way you could run me to my house to get my spares?" DS knows SG's wife is sick and being the person she is, agrees. Get to SG's house. "Would you like to come in and say hello to my wife?" Again, DS's kind nature prevails, not knowing wife is not there. Something happens. SG drives DS's jeep back to her apartment. Possibly walks to wherever his car is and takes off. Even if someone did see them together earlier, he could say she dropped him back at his car and left. And that was the last time he saw her. It does sort of support the stalking aspect that he knew where to park her car so it would look like she was home.

But according to MSM the SG hasn't worked at ML since October, so him showing up randomly at the time and asking for help with his car would probably have her questioning why are you here IMO



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[persimmon]

So, what would make the difference between getting a warrant for an arrest vs a warrant for search?

An arrest warrant comes after a search warrant and needs to have specific charges attached to it. Police need to be careful in assessing those charges and at this stage without a body they may not be prepared to do so.

 

[6AMLatte]

Bathroom selfie checkered skirt, November 7th

I see 3 pictures. One shows a broken one so I assume she got a new one sometime after August. Not sure which one looks like the HR.

 

[recovering]

An arrest warrant comes after a search warrant and needs to have specific charges attached to it. Police need to be careful in assessing those charges and at this stage without a body they may not be prepared to do so.

You'd think in the digital era, it'd be pretty easy to tie someone to something and get an arrest warrant though.

 

[Vresia]

So, what would make the difference between getting a warrant for an arrest vs a warrant for search?

This is an explanation of the differences from FindLaw:

Probable Cause for Arrest

Probable cause for arrest exists when facts and circumstances within the police officer's knowledge would lead a reasonable person to believe that the suspect has committed, is committing, or is about to commit a crime. Probable cause must come from specific facts and circumstances, rather than simply from the officer's hunch or suspicion.

"Detentions" short of arrest do not require probable cause. Such temporary detentions require only "reasonable suspicion." This includes car stops, pedestrian stops and detention of occupants while officers execute a search warrant. "Reasonable suspicion" means specific facts which would lead a reasonable person to believe criminal activity was at hand and further investigation was required.

Detentions can ripen into arrests, and the point where that happens is not always clear. Often, police state that they are arresting a person, place him/her in physical restraints, or take other action crossing the line into arrest. These police actions may trigger the constitutional requirement of probable cause.

Someone arrested or charged without probable cause may seek redress through a civil lawsuit for false arrest or malicious prosecution.

Probable Cause to Search

Probable cause to search exists when facts and circumstances known to the officer provide the basis for a reasonable person to believe that a crime was committed at the place to be searched, or that evidence of a crime exists at the location.

Search warrants must specify the place to be searched, as well as items to be seized.

There are many instances where a search warrant is not required. Common situations in which police are allowed to search without a warrant include:

when they have consent from the person in charge of the premises (although who that person is can be a tricky legal question);
when conducting certain searches connected to a lawful arrest; and
in emergency situations which threaten public safety or the loss of evidence.

Police also do not need a warrant to search or seize contraband "in plain site" when the officer has a right to be present.

Probable Cause to Seize Property

Probable cause to seize property exists when facts and circumstances known to the officer would lead a reasonable person to believe that the item is contraband, is stolen, or constitutes evidence of a crime.

When a search warrant is in play, police generally must search only for the items described in the warrant. However, any contraband or evidence of other crimes they come across may, for the most part, be seized as well.

Should evidence prove to have resulted from an illegal search, it becomes subject to the "exclusionary rule" and cannot be used against the defendant in court. After hearing arguments from the prosecuting and defense attorneys, the judge decides whether evidence should be excluded.
http://criminal.findlaw.com/criminal-rights/probable-cause.html