SC - Heather Elvis, 20, Myrtle Beach, 18 Dec 2013 #30***ARREST**

[momof7]

lol, I'm confused. You think TM was taking photos on the way to PTL???

I think poster is referring to pcitures surrounding the IE charges and sent to Heather's phone?

Not sure.

Kelly

 

[Hatfield]

....snipped....


I think although TM may have wanted to confront, fight and torture HRE, but she has such poor impulse control I could see her strangling her the minute she sat in the seat if TM was indeed in the back seat and HRE got into the truck.

Exactly.
As far as what I think happened at PTL, I am going with this for the time being. I think she strangled her to death right there in the truck. It would explain the lack of a lot of evidence.

If TM was in the back and she reached forward and wrapped her arm around Heather's neck/head to control her, she probably would have kept up the pressure well past the point of Heather stopping struggle. I cant see TM letting go until it was too late.

 

[jillycat]

2) Probable Cause Requirement

Many of the same points of law discussed under the Arrest Warrant section are applicable to search warrants. A search warrant may issue only upon a finding of probable cause. State v. Weston, 329 S.C. 287, 494 S.E.2d 801 (1997). A search is not reasonable unless there was probable cause to believe that the search would produce evidence of a crime or contraband. Probable cause is defined as a state of facts which would lead a man of ordinary care and prudence to believe that the object sought is presently located at the designated place. The standard is the same whether the search is with or without a warrant, but the constitutional provision and court decisions make it clear that a warrant is preferred, unless there is good reason for not taking the time to obtain the warrant.

A mere hunch, suspicion, guess or unfounded opinion that evidence or contraband will be produced by the search is not probable cause. The person seeking the search warrant must reasonably believe that the evidence or contraband is there, and must be able to point to facts which would create in any prudent and careful man a similar belief. However, if the affidavit standing alone is insufficient to establish probable cause, it may be supplemented by sworn oral testimony. State v. Adolphe, 314 S.C. 89, 441 S.E.2d 832 (1994). State v. Weston,329 S.C. 287 at 290, 494 S.E.2d 801 at 802 (1997). State v. Robinson, 335 S.C 620, 518 S.E. 2d 269 (Ct. App. 1999).

Probable cause as defined above must exist at the time of the search. Thus, a popular belief that seizable items were in a building sometime in the past does not constitute probable cause for a search unless there is a reasonable belief that the items are still there. Staleness of information establishing probable cause cannot be defined by arbitrary time limits. The question of staleness must be reviewed in light of all the circumstances. See State v. Baker, 251 S.C. 108, 160 S.E.2d 556 (1968). In other words, the observations upon which probable cause is based must have been made relatively recently in light of all the circumstances. In order for affidavit in support of search warrant to show probable cause, it must state facts so closely related to time of issuance of warrant as to justify finding of probable cause at such time; affidavit which fails altogether to state time of occurrence of facts alleged therein is insufficient. State v. Winborne, 273 S.C. 62, 254 S.E.2d 297 (1979).

The primary purpose of the search warrant is to provide for an independent judicial officer to objectively determine whether a search and seizure is justifiable.


Cops can not make up stuff in order to get a search warrants or arrest warrants. until we know further the warrants detail what information is believed to be true by the cops at that time or they are at risk of perjury.

I'm not aware anyone has said cops made stuff up. I said previously the police cannot speculate on a warrant.

The warrants don't tell us what evidence LE has that she was murdered at PTL. They say there is probable cause to believe she was murdered at PTL on or about 12/18.

http://www.wmbfnews.com/link/683926...dney-moorer?clienttype=generic&mobilecgbypass

I try to discern between what's likely and what's known. And no one knows what happened to Heather. There can only be best guesses and reasonable inference at this point. The M's attys are sure to point that out. Repeatedly.

 

[jellybeanz]

FYI, I checked the Horry County Court website to get transcripts of the bond hearing, and it is $1.50 per page

Hopefully the news people try to outdo each other for the scoop and in turn get the extra hits to their website.

 

[jillycat]

Exactly.
As far as what I think happened at PTL, I am going with this for the time being. I think she strangled her to death right there in the truck. It would explain the lack of a lot of evidence.

I think this is plausible.

 

[magnolia]

The video surveillance of the vehicle was sent to the FBI in Quantico, Va., and to the S.C. Highway Patrol’s Multi-Disciplinary Accident Investigation Team with a request to identify the vehicle, Elder said. The agencies sent reports that the truck was a dark 2013 or 2014 Ford F-150, with silver toolbox in the bed, a moon roof, silver rims and high-end bulbs in the headlights.MAIT Team investigators learned there were 82 such trucks registered to owners living in Horry County, so they went and visually inspected 81 trucks, Elder said. The last of those trucks was owned by the Moorers, so police got a search warrant and executed it on Feb. 21.Read more here: http://www.myrtlebeachonline.com/20...imony-weaves-a-tale-of-how.html#storylink=cpy


Unless they had the windows down and an interior light on I don't think they will able to tell who was in the vehicle. The side windows appear to be tinted. They could have a street light shining into the front or back windows. At night I can't see anything about the passengers of a vehicle I passed. I can tell if it's a truck vs.car and dark vs.light. I think a side view of the truck let them identify it but they're very lucky if it revealed any passengers. Imo

I think poster is referring to pcitures surrounding the IE charges and sent to Heather's phone?

Not sure.

Kelly

Now, I am really confused. How does this relate to the post SS replied to -- See Catlady post I quoted.

 

[justonedrin]

Probable cause is the legal standard by which a police officer has the right to make an arrest, conduct a personal or property search, or obtain a warrant for arrest. While many factors contribute to a police officer’s level of authority in a given situation, probable cause requires facts or evidence that would lead a reasonable person to believe that a suspect has committed a crime.

 

[TedMac]

Got to thinking about something. Most of us think this was well planned for some time.
I am wondering though if it was a little more spontaneous and maybe just that TM wanted to beat her up and then it got way out of hand and she killed her with SM luring her. Here is why I am wondering about this.

They could not have known that Heather would even agree to meet them that night. They only got confirmation she would even meet SM during the phone call she made before leaving.

So wouldnt that mean that the SMs would have to scramble and put their plan into action. They were probably panicking themselves with what to do and how to do it.

It makes me think that it was more like something really pizzed off TM that night and she wanted to beat her up. Like ordering SM to get that girl and I am going to teach her a lesson sort of thing.

I think it may have been more spontaneous than what I first thought.

BBM

You could be correct. With the Moorers-especially TM anything and everything is possible. But, I have always felt this entire sorry episode was planned. The trick was to get Heather out to PTL. Once that was accomplished, the actual carrying out of the killing was easy. While we don't know by what means Heather was killed (shot, stabbed, strangled, suffocated, run over, etc), the Moorers would have a hard time denying premeditation if she was shot, stabbed or killed with any object not normally found intheir truck. Why would they have a gun or a knife with them unless they planned to kill her? The small amount of time they were there (6 minutes?) points toward a plan put into action almost immediately.

Maybe more facts will come at the prelim. and we will know for sure.

 

[SeriouslySearching]

lol, I'm confused. You think TM was taking photos on the way to PTL???

Oh no...but taking them having sex prior to and maybe after PTL. Sorry. I am the one who got confused. lol I deleted it.

 

[justonedrin]

the Ramsey case had the best minds available in the world for 17+ years and no one has been arrested in that case. They still are looking at the evidence to this day and cannot arrest anyone.

the HCPD has brought in a team of the best minds available to them and has been able to make an arrest in the murder of Heather Elvis because of the evidence that they have obtained.
They have enough evidence to prosecute and convict, UNLESS they get a CA/OJ type jury.
jmho.

 

[jenn7575]

IMO anyone speculating that HE may not have been killed at PTL isn't implying the police are lying... LE may have been working with the information they had at the time and truly believed that. That doesn't mean the case cannot develop and cast light in a different direction. The investigation is ongoing and I am sure it is common in investigations for things to take turns that LE didn't see coming.

 

[scapa]

I think sm said pack a bag and let's get away together. That would explain the time lapse (her packing a bag) sm not coming to her apartment and her leaving her car locked up and whisking away. A hurried departure and rash decisions were made imo.
I'm sure sm assured her that the car would be alright for a night. I feel the 66 days was in reference to them whisking away to Florida for WDW walk-a-thon. I think Heather was 100% on sm's side. Imo she saw him as a victim wanting to escape the evil queen.

This rings true. I may be late to the party on this one, but I suspect that HE's quotation about the angel and devil falling in love isn't about her and SM but rather about SM and TM -- with TM being the devil. Sincere not, my bet is that SM was not above using his victimhood as an element of seduction, especially given that HE was young enough to understand how intoxicating freedom from parents, school, etc could be. I expect that freedom -- together -- was an important part of their romantic narrative.

regards,

s

 

[Amster]

IMO...Sidney didn't care about Heather even enough to save her life. IMO....there is a lot of excuse making for Sidney. He's not a child. Wasn't a helpless bystander while having an extramarital affair. IMO...the story about being handcuffed, no phone, etc. came from Sidney. That is according to the DA. Is it true? Or, is that part of his defense tactic? It definitely feeds into the majority opinion of him being what? Helpless? Totally controlled by TM? Abused? He met police, when they responded to 911 calls, at the door armed! Controlled by TM? Really?

Agree to disagree

 

[OkieGranny]

http://www.myrtlebeachonline.com/2014/03/18/4104390/testimony-weaves-a-tale-of-how.html

The blonde, blue eyed young man was working at Broadway at the Beach’s Hard Rock Café when he met 25-year-old music lover Tammy Caison, an Horry County native like the generations of her family who preceded her.

The coworkers formed a bond that grew and matured into a relationship.

They solidified that connection in 1998 when they married at Ocean View Baptist Church...

That church is at 7300 N Kings Highway.

Still can't find their marriage in online vital records, but they apparently didn't get married in another state after all. I still think it's weird that we've never seen any wedding photos because it seems like TM would be the type to want a huge over-the-top wedding, and it would be something she'd want to brag about later. Especially on the Disboards, where she bragged about everything else wonderful and amazing about her life.

 

[Softail]

BBM

You could be correct. With the Moorers-especially TM anything and everything is possible. But, I have always felt this entire sorry episode was planned. The trick was to get Heather out to PTL. Once that was accomplished, the actual carrying out of the killing was easy. While we don't know by what means Heather was killed (shot, stabbed, strangled, suffocated, run over, etc), the Moorers would have a hard time denying premeditation if she was shot, stabbed or killed with any object not normally found intheir truck. Why would they have a gun or a knife with them unless they planned to kill her? The small amount of time they were there (6 minutes?) points toward a plan put into action almost immediately.

Maybe more facts will come at the prelim. and we will know for sure.

Just jumping off your post..... Premeditation can be a split second before murdering someone. In many threads here at WS that seems to get confused at times. It doesn't have to be planned well in advance.

For example - Brandon Daniel is sitting on death row for the murder of a police officer. In the seconds where he made the choice to shoot, premeditation took place.

Starting at about 8:16 in this video - It took seconds for him to make the decision to pull a gun from his pocket and shoot. The jury convicted him of 1st degree premeditated murder.

Brandon Daniel Trial. Day 1. Part 3. Walmart Shooting - YouTube

 

[justonedrin]

speculation can take you down some long lonely roads

 

[SStarr33]

Do we know how many pages?

No idea how many pages a 1.5-3 hour hearing would be.

 

[SeriouslySearching]

I have watched case after case go into the acquittal file because LE and/or the State prosecutors have left holes in theories you could drive a truck through and made huge errors on simple issues the jurors picked apart.

This case so far has an incredible element to it unless they can find a way to convince a jury that a kidnapping and a murder can take place in less than 4 minutes including driving off with the body. If LE locked themselves into this tight time frame, they have big issues to overcome.

Now am I calling LE/State Prosecutors liars? No. If they believe the State can win simply by putting the Moorers at the same place and time as HRE's last known location...I am saying they are mistaken. They better have a lot more evidence to tie this up because this time window is going to defeat them in the end. No recreation is going to account for a 20 year old fighting for her life and other elements occurring at the time of the crime. A drive by shooting where they drop a victim on the spot and go could fit, but it will never fit these circumstances in a juror's mind, imo.

They have already made a serious mistake with the dates in the hearing. These are exactly the kind of errors which can tank a case. If they can't get the dates correct of when a crime was committed, how can we (or jurors) trust the rest of their theory? They best get their act together before the next hearing.

 

[magnolia]

If he was still doing maintenance work at her emplorers place, I'm sure there could have still been some contact, BUT if there were calls being placed by cell phones, I'm pretty sure LE would have records of it.
I think HE telling T, 'you don't have to worry about me anymore' was probably true. HE thought that it was over.

MOO

You make some very good points. However, there is a lot of time between Heather's reply to Tammy in November and December 18th. I'm still not convinced it was over.

 

[Justice4Heather]

In NC we only have license plates on back. Not required in front. Could be the same in SC? Make it a little more difficult to get plate/tag information as they would have to get the angle just right coming or going.

Kelly

ETA I checked and SC is one of the 19 states along with NC that only require a back license plate at this time.

We only require rear plate.