Search Warrants for MR's house and vehicles

[Emma Ems]

Ok, Cold Hands, it would have helped if I had read further down, I clicked on the link and made my observation before I finished reading. Sorry about that.

 

[Emma Ems]

And I have to wonder where the other page with the tear at the top left is. If you look at the first page posted, (It has a courthouse stamp marked Nov 29), there is a tear (like where there might have been a staple) in the upper left corner, and there is a visible page with a similar tear right beneath it. Pages 3 and 4 are the same picture (a second page, I think from 12SW177). Take note that the SW dated Nov 29 ends at *(4), and the 2 "second" pages start at *(3). ETA: I don't believe page 2 of 12SW179 is in the set of SW pictures

Redacted bigger pic attached (called pg 3-1st page of Nov 29 warrant).

I wonder if both pages looked so similar he accidentally took copies of the same page. It seems once that list starts(the one you pointed out) it's just all that legal notices and a signature, so I don't think we really are missing much there.

 

[Bayou Mistress]

And I have to wonder where the other page with the tear at the top left is. If you look at the first page posted, (It has a courthouse stamp marked Nov 29), there is a tear (like where there might have been a staple) in the upper left corner, and there is a visible page with a similar tear right beneath it. Pages 3 and 4 are the same picture (a second page, I think from 12SW177). Take note that the SW dated Nov 29 ends at *(4), and the 2 "second" pages start at *(3). ETA: I don't believe page 2 of 12SW179 is in the set of SW pictures

Redacted bigger pic attached (called pg 3-1st page of Nov 29 warrant).

You are right. The page two of each of the search warrants is the same. There does not appear to be a page two for the vehicle warrant.

 

[Ghostwheel]

I wonder if both pages looked so similar he accidentally took copies of the same page. It seems once that list starts(the one you pointed out) it's just all that legal notices and a signature, so I don't think we really are missing much there.

Totally possible. I was just curious about the time it was signed, which is on page 2.

 

[Emma Ems]

Totally possible. I was just curious about the time it was signed, which is on page 2.

I get that. Though, at this point I don't think he is hiding anything by that one missing, at least not anything pertinent.

 

[Ghostwheel]

I get that. Though, at this point I don't think he is hiding anything by that one missing, at least not anything pertinent.

Hmm. I wasn't thinking about his hiding anything. I was just curious, since 12SW177 is regarding 1st degree kidnapping and 12SW179 is regarding 2nd degree kidnapping.

 

[Bayou Mistress]

Hmm. I wasn't thinking about his hiding anything. I was just curious, since 12SW177 is regarding 1st degree kidnapping and 12SW179 is regarding 2nd degree kidnapping.

Maybe the use of a vehicle changes the felony degree? I'm not sure about that, I'll go check it out. It's been a minute since I reviewed the Colorado statutes.

 

[Ghostwheel]

Maybe the use of a vehicle changes the felony degree? I'm not sure about that, I'll go check it out. It's been a minute since I reviewed the Colorado statutes.

I believe it has to do with whether LE thinks someone else took him from the home, or Mark absconded with him in the vehicle. I don't have the exact wording on the differences, but kidnapping 2 was to the effect that there was no use of, threat of use of or intent to use deadly force, the abductor is a relative of the person abducted, and the sole intent is to assume custody of that person. But thank you in advance to whomever looks it up.

 

[Confusion]

I'm a bit out of it today, so I apologize if I'm mixed up on this stuff. I thought that Salem said that she had accidentally uploaded 2 copies of one page (I assumed instead of that one and the one that's missing.)

I also assumed (which isn't usually a good idea) that the 2nd degree on the search warrant for the truck was because that would most likely be a custody thing, whereas, the 1st degree on the one for the house was because it could be anyone and/or they thought it might have been someone other than family who did it. MOO

 

[Ghostwheel]

I'm a bit out of it today, so I apologize if I'm mixed up on this stuff. I thought that Salem said that she had accidentally uploaded 2 copies of one page (I assumed instead of that one and the one that's missing.)

I also assumed (which isn't usually a good idea) that the 2nd degree on the search warrant for the truck was because that would most likely be a custody thing, whereas, the 1st degree on the one for the house was because it could be anyone and/or they thought it might have been someone other than family who did it. MOO

BBM: I thought that was something else (about a missing computer page), because I got my copies elsewhere and they are identical to what is uploaded here. I could be wrong, though.

Thanks.

 

[ColdHands]

From this link: http://www.courts.state.co.us/userf...ons/CHAPTER_3KidnappingandRelatedOffenses.pdf

FIRST DEGREE KIDNAPPING (BODILY INJURY)
3. [knowingly and forcibly seized and carried any person from one place to another] [knowingly enticed or persuaded any person to go from one place to another] [knowingly imprisoned or forcibly secreted any person],
4. with intent to force that person or any other person to make any concession or give up anything of value,
5. in order to secure the release of the person under the defendant’s actual or apparent control;

SECOND DEGREE KIDNAPPING - SEIZES AND CARRIES
3. knowingly,
a. Seized and carried any person from one place to another,
b. Without his/her consent,and
c. Without lawful justification,

Bodily injury- looking for evidence of injury inside the house vs seizes and carries, looking inside the trucks.

 

[ColdHands]

Hm, now I'm curious. Kidnapping, inside MR's house. So long as MR had the right to have Dylan based on visitation agreement, I can't see kidnapping. So I'm guessing that the kidnapping charges are because it had been 10 days and therefore was now outside the visitation period.

 

[Ghostwheel]

Hm, now I'm curious. Kidnapping, inside MR's house. So long as MR had the right to have Dylan based on visitation agreement, I can't see kidnapping. So I'm guessing that the kidnapping charges are because it had been 10 days and therefore was now outside the visitation period.

I could be wrong, but I don't think the SW was referencing WHO they thought would be charged with kidnapping for the house. Since Dylan was no longer in the house, if there was any evidence he HAD been kidnapped,that evidence could be used in the prosecution of such kidnapping. Doing it with a search warrant means they followed proper procedures no matter where the information lead, and evidence(if found) would not be thrown out of court. (Chain of evidence? Something like that.)

My thought is that, if everything Mark has said is true (not saying it is, just IF) LE could have been looking for evidence that someone else had absconded with Dylan. If what Mark said was untrue, LE could have been looking for evidence Mark absconded with Dylan. Since they had no idea what happened to Dylan, cover their bases with a search warrant and proper procedures.

 

[SCHMAE]

Hmm. I wasn't thinking about his hiding anything. I was just curious, since 12SW177 is regarding 1st degree kidnapping and 12SW179 is regarding 2nd degree kidnapping.

BBM I'm sorry I must have missed something. Where does it say these are regarding 1st or 2nd kidnapping? Is that tracing back the case number? tks

 

[Bayou Mistress]

[/B]
BBM I'm sorry I must have missed something. Where does it say these are regarding 1st or 2nd kidnapping? Is that tracing back the case number? tks

Schmae, it's in the body of the warrants. Each one lists a different reason the evidence would be used.

 

[TxLady2]

It shows his name and his DOB. (shrugs)

Sorry, I don't get what you are saying. I'm pretty sure there is a standard form they use. The name and other information is typed in on a computer and then printed out. It would be very time consuming to have to create a different form for each SW they plan to execute.

 

[Bayou Mistress]

Hm, now I'm curious. Kidnapping, inside MR's house. So long as MR had the right to have Dylan based on visitation agreement, I can't see kidnapping. So I'm guessing that the kidnapping charges are because it had been 10 days and therefore was now outside the visitation period.

Also, ten days after Dylan was missing, and I'm assuming just 3 or 4 days after Dylan should have been returned to his mother, that if only MR was suspected, the crime would be something less than kidnapping. Colorado's version of custodial interference seems logical. It does seem like LE was looking in more that one direction at the time. Evidence of any sort to help figure out what happened and where is Dylan. I agree that the warrants themselves do not indicate a "suspect" yet do indicate LE wanting to get evidence and following protocol. Remember, during this time, LE was also saying that Mark was cooperative. They've never said anything different.

 

[tamild]

You're correct, they were available October, 2012. Turquoise is an option, but not purple.

iPod Touch colors - In my opinion, looks turquoise not blue.

http://www.apple.com/ipod-touch/design/

iPod Touch available dates -

http://support.apple.com/kb/HT1353

I wonder if it couldv'e been a regular black iPod Touch with an aftermarket skin/case on it.

 

[Chili Fries]

Seems to me the most interesting info revealed here is the fact that LE were looking for Dylan's phone and charger. It certainly appears that Dylan's charger was not left at Elaine's - he took it with him. This again makes it hard to believe that Dylan had his phone and charger (and the land line), and time to eat cereal Monday morning, but didn't contact anybody.

 

[Lordeebee]

I get that. Though, at this point I don't think he is hiding anything by that one missing, at least not anything pertinent.

If there are pages missing which imo there are, I don't see how any of us can just assume that the information on those pages is unimportant.

My dd is a pathological liar and from a very young age she learned to tell part of a story, leaving out the portions that would be incriminating to herself. Therefore I learned that the pieces that were missing actually held the key to ALL that WAS PERTINENT. I would tell her there is no point in telling me any of it if she wasn't going to tell me ALL of it.

That is the way I feel with this -- partial information is worthless information. MOO