WA - Mackenzie Cowell, 17, Wenatchee, 9 Feb 2010 - #7

[Liz]

This also points to something that I do not understand. If MC is underage why would LE need a warrant to get her cell phone records? Does that mean that her cell phone contract was not through her parents; I would think that if I was her parent, I would have went down and got the records for the police myself.

Good point, Jimmy! Or could it possibly be that LE wants to do everything totally by the book, just in 'case'.

 

[del rio]

I am surprised that LE would let people near the home????

Before this all happened.

 

[MissAnonymous]

And my experience with 17 year olds is that they wait until they are running on fumes to put gas in the car!

MOO

I've spent the last hr catching (darn work!!) and the gas question came to me as I finished my last few pages, but of course some of you smart people have already asked!!

I agree teenagers often run their tanks to the last fume, but I used to live in Orondo and I know that I would have never let my tank get that low just for fear of breaking down on the highway. Also, most 17 yr olds don't wash their cars often. MC seems to have been fairly responsible. I think the amount of gas left in the car could be a good indicator of how much it was driven that afternoon. JMO

 

[del rio]

Hmmm, that might explain why I now can't find what I remember seeing now that I'm going back and searching the threads :waitasec:

Yeah, it's been deleted.

 

[giddyup]

Yeah, it's been deleted.

Does this include what you were searching for?

Thread 6: #750

Posted by ahsgramma:

"Quote:
Originally Posted by thecrux View Post
http://news.google.com/newspapers?ni...pg=5281,737872

Just a reply to the satanic cults in wenatchee area in the 80s and 90s "

I cant remember anything else happening since this time.

Thanks

end of post.

 

[Liz]

have a question, please excuse my ignorance, haha! I think someone said her vehicle was towed and impounded.... I'm just wondering why her father wouldn't have had a spare key (it was in his name) and just driven it home or something instead of having to pay for all that? When was it impounded?

My guess would be it's because police may have figured out it might be a crime scene, since Mackenzie was past curfew and 'missing'. But you ask a good question!

 

[del rio]

Good point, Jimmy! Or could it possibly be that LE wants to do everything totally by the book, just in 'case'.

I definitely think so, especially in a murder case. Plus, if anything in those cell phone records are going to be used against WC or RC, then LE must obtain those records lawfully because RC and/or WC may have standing to suppress such records if not obtained lawfully. And I think we all know how important those cell phone records will probably be.

 

[James Vic]

If the police thought MC was alive and they knew where she was could they not enter the house under Exigent Circumstance?

Exigent Circumstances: This exception refers to emergency situations where the process of getting a valid search warrant could compromise public safety or could lead to a loss of evidence. This encompasses instances of "hot pursuit" in which a suspect is about to escape. A recent California Supreme Court decision ruled that police may enter a DUI suspect's home without a warrant on the basis of the theory that important evidence, namely the suspect's blood alcohol level, may be lost otherwise. (legalzoom.com)
I am not a lawyer and I know legal zoom might be stretching it, but it makes sense.
If they thought she was still alive and did nothing that could open up a lawsuit. Police makes mistakes like this and settle out of court all of the time.

 

[AnotherLocal]

Not sure if anyone saw my earlier post, but someone I know..states the bag on her head was Grey.

 

[Dreamscape]

have a question, please excuse my ignorance, haha! I think someone said her vehicle was towed and impounded.... I'm just wondering why her father wouldn't have had a spare key (it was in his name) and just driven it home or something instead of having to pay for all that? When was it impounded?

My guess would be that they suspected this involved a missing person at that point, and they didn't want to tamper with any evidence that her father might mess up just by touching the steering wheel and the gear thing (don't know what its officially called).

 

[James Vic]

Before this all happened.

Is the house haunted or something?

 

[SCSleuther]

I'm pretty sure you can access the river if you go through the grassy area where the figure 8 is at. So, yes. But the trails going through the brushy-area would offer a lot more concealment than any other way.

Yes, a wheel barrow could make it to the place where I THINK MC's body was found.

Maybe it wasn't a wheel barrow, but a dolly (with big wheels) or something. Does anybody in construction know of any wheel barrow-like or dolly-like aperatus used in construction or building houses?

Depending on what type of worker, perhaps a cart like this one? A sheetrocker we hired once used one of these. But the outdoor construction guys all used regular wheelbarrows with both single and double - front wheel(s).

 

[James Vic]

I believe that once consent is given to LE arguing that they needed a search warrant would be futile. If you give your consent for police to enter your home and as they are questioning you, they notice you are packaging Meth on the coffee table. I am sorry, but I don’t think you can argue they needed a search warrant.

In turn if you denied the police the right to enter your home, I think you would go to the next level of problems and issues.

I would bet the same would go for cell phone records. If MC was my daughter and she was missing the police would have her cell phone records that day or the next at the very latest.

 

[James Vic]

Does this include what you were searching for?

Thread 6: #750

Posted by ahsgramma:

"Quote:
Originally Posted by thecrux View Post
http://news.google.com/newspapers?ni...pg=5281,737872

Just a reply to the satanic cults in wenatchee area in the 80s and 90s "

I cant remember anything else happening since this time.

Thanks

end of post.

The people involved in this incident, had many issues and I don’t think a cult was one of them.

 

[*Intrigued*]

No, I meant that the perps were trying to permanently dispose of MC's body forever and where ever.

I don't believe the perps meant for the CB property to be the final spot for disposing of MC's body.

As for the "creepiest house in the world," those who were on this site on Monday evening might know. But I'm not talking about that anymore.

Sorry if we got you in trouble by pulling stuff out of you, whether it be with your wife, WS, or the police.

Can you not even discuss why this house has been referred to as "creepy"?

 

[del rio]

If the police thought MC was alive and they knew where she was could they not enter the house under Exigent Circumstance?

Exigent Circumstances: This exception refers to emergency situations where the process of getting a valid search warrant could compromise public safety or could lead to a loss of evidence. This encompasses instances of "hot pursuit" in which a suspect is about to escape. A recent California Supreme Court decision ruled that police may enter a DUI suspect's home without a warrant on the basis of the theory that important evidence, namely the suspect's blood alcohol level, may be lost otherwise. (legalzoom.com)
I am not a lawyer and I know legal zoom might be stretching it, but it makes sense.
If they thought she was still alive and did nothing that could open up a lawsuit. Police makes mistakes like this and settle out of court all of the time.

Washington law regarding exigent circumstances is different than CA. Div. III of the Court of Appeals for WA recently published an opinion in a DUI very similar to the CA case. The WA court ruled the opposite of what CA did. See, State v. Roger Hinshaw.

Moreover, before the exigent circumstances exception can be applied, police must still possess probable cause. And my whole point here, if you recall, is that I believe police did in fact possess probable cause that the Spec house contained evidence of a crime (i.e., MC's murder). So, LE got a search warrant for the house before they searched it initially.

And, no, LE could not enter the Spec house to look for MC (who was merely missing at that time) under the exigent circumstances exception.

LE's best shot would be under the community caretaking exception. But that exception applies only if the purpose of entering the house is totally divorced from any criminal investigation. Plus, LE must point to specific facts from which one could reasonably infer that MC was currently inside the Spec house, AND that MC was in imminent danger of serious harm. Even assuming LE had some information that MC may have been at the Spec house sometime earlier that day or the day before, this is still not enough.

I don't believe for one second that Judge Smalley or Judge Bridges would ever uphold such a warrantless entry and search.

 

[*Intrigued*]

The people involved in this incident, had many issues and I don’t think a cult was one of them.

The link doesn't work. Can you repost it? Did something actually happen in this house before this murder??? I am so confused.

 

[del rio]

Sorry if we got you in trouble by pulling stuff out of you, whether it be with your wife, WS, or the police.

Can you not even discuss why this house has been referred to as "creepy"?

Yeah, I really got it from her last night. My ears are still ringing.

I'd rather not discuss the "creepy" thing. It's just too creepy to discuss. I already did so, but then I got too creeped out about it.

 

[del rio]

The link doesn't work. Can you repost it? Did something actually happen in this house before this murder??? I am so confused.

IMO, something sinister happened. Exactly what I have no idea.

 

[*Intrigued*]

IMO, something sinister happened. Exactly what I have no idea.

Something to do with this murder? Or years ago? Sorry to hound you but I just dont remember seeing anything about it. I was online last night when you posted other things but I dont remember anything about the house itself.