CaringCitizen
advocate
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- Jun 13, 2010
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It makes me think that possibly either the concent TH to check her cell when Kyron went missing at first...might have not had a set "end date" ie they were allowed to monitor all her records, not just from date a-date b...it could also be noted that it would apply to "any phone" she had access to, which at the time she might have thought that it applied say to her cell and the house phone...not any "new" phone she might get....
All good points
Of course, LE often does ask for permission early on in an investigation as they are sorting through facts and who's who. In Kyron's case for example, asking his family, their neighbors, etc if they could do cursory searches of their homes and yards, or a step further with his 4 parents by asking for polygraphs, etc is likely the type of consent you are referring to. There is social pressure in any case for people to "do the right thing" and eliminate themselves so the investigation can move forward.
BUT the minute LE becomes suspicious of a certain person they don't need consent from that person (but some things require a judge's approval) in order to sleuth them. If you think for example about the cell pings and bank records - those certainly were not obtained due to Terri saying "sure, go ahead". Those were obtained by LE because they had sufficient reason to dig further on this particular person.
LE, with consent from a judge can do all kinds of things to monitor a suspicious person; they can tail them, check records of all sorts, obtain employment data like time-card stamps, bug their homes, obtain video records, etc. This is how a case is built and how LE can finally get to a point of certainty about a perp. Sometimes that certainty leads to 'this can't be the person' and sometimes it leads to 'this has to be the person'.
If it's the latter, one hopes enough evidence can be put together for an arrest and enough after that for the much harder burden of a jury conviction.
Bottom line, Terri does not need to give consent for LE to sleuth her or her cell phone sexting
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