2012.2.7-Susan's case now being considered a murder investigation*SEARCH WARRANT*

[passionflower]

I cannot find anything today on if LE searched the storage locker?
Did they find anything? or nothing?
Absolutely nothing............it is a cliff hanger........

 

[AnaTeresa]

I can understand everyone's confusion regarding search warrants and the status change to Susan's disappearance.

BUT-we do not allow LE bashing on the boards. We are supportive of their efforts to take all of the necessary steps to find some measure of justice here for the boys, for Susan and for the Cox's.

I am sure there's a lot going on with LE that we don't know about. LE, for the most part, care about their jobs. They care about protecting people and solving crimes. While there are always a few bad apples, I don't think it's fair to imply that LE have been anything but thorough in this case. Hopefully, they will solve it soon, and then we'll be able to see just how hard they've been working behind the scenes.

 

[21merc7]

May have already been posted,

I was told from my family that they were working on a case without a body to go after him for murder, and it was within a few weeks the arrest was going to take place, and we were all excited that something was going to happen, and that we might be able to bully Josh or make a deal or something to tell us where Susan is. Unfortunately, that won't happen,” said Cox.

http://www.kirotv.com/news/news/crime-law/susans-powell-sister-says-josh-was-about-be-arrest/nHW4Z/

 

[Ransom]

I cannot find anything today on if LE searched the storage locker?
Did they find anything? or nothing?
Absolutely nothing............it is a cliff hanger........

On Tuesday, investigators said Josh Powell withdrew $7,000 in cash from a bank the day before the deadly blaze. Police from Utah and Washington also searched a storage unit tied to Josh Powell in Pierce County, Wash.

Read more: http://www.foxnews.com/us/2012/02/0...g-utah-mom-is-most-likely-dead/#ixzz1lp1e1dtC

 

[21merc7]

In the wake of Josh Powell’s death, West Valley City police say they have received several new email tips about the case of missing woman Susan Cox Powell.

West Valley City Police Chief Thayle "Buzz" Nielsen, who spent Tuesday meeting with local law enforcement, said the information is "new stuff coming out." Officers are reviewing the tips to see if they yield any credible leads.


http://www.sltrib.com/sltrib/news/53470987-78/powell-josh-leaches-media.html.csp

 

[HotLavaJavas]

Dr. Fessel is right - there was a big jurisdictional issue going on. With the murders of those sweet boys, now WA can actually do something, instead of just watching.

If the storage unit was not in SP's name, there is NO way that they could have searched it. And since JP wasn't charged with a crime, even if the WA LE knew about the storage unit, they couldn't search it.

Our constitution provides for a life free of unreasonable S/S. It has always been interpreted that until you've been accused or arrested for a crime, you have the right to refuse permission for a search. After arrest, of course, it's game on.

But an arrest is also a problem, because you need to be able to prove the likelihood of a crime, or have 'reasonable suspicion' that a crime has occurred or is occurring.

In other words, despite being court-ordered to take a psycho-sexual exam, and the kids being removed (due to SP's actions), and the alleged presence of photos on JP's computer, there was no reasonable suspicion that a crime had occurred or is occurring **in the jurisdiction** that JP lived in.

Further, LE is prevented from conducting "fishing" exercises, such as contacting all the storage units in the area and asking if JP has a unit. Kind of like LE running your plate for no reason - they're not allowed to. If LE catches you breaking a traffic law, they can run the plate...but not until. And because of the "No Fishing" rule, LE often doesn't have knowledge that something exists...

I can't leave off thinking that SP is talking (about the storage unit) to be able to get a deal with LE, and that this was likely a bit of info given to 'prove' SP's statements as valid; most deals include a phrase that if the information is baloney, the deal is a no-go. So it could very well be that SP said something, LE now can get a warrant, and this has all transpired in the last 24-48 hours.

It will be interesting to see what comes from this search...maybe nothing, maybe proof of Susan's murder, maybe just more circumstantial stuff.

All I know is that two boys are dead, and their mother is likely dead too, at the hands of at least one monster...and maybe the monsterDaddy is talking to save his behind...

This whole thing is utterly, totally horrible. And I think it will get worse before it gets better...and it will never get better. KWIM?

Best-
Herding Cats

Thank you, thank you, thank you for this.

I've been reading these messages, but I'm so upset that people bash LE because every facet of Josh's life wasn't picked over. I'm not defending him, but I will defend LE. We might think, and they might think, that Josh did it. But LE has to convince a judge to sign a warrant because everybody, even those accused (which he was not) have guaranteed constitutional rights.

I know this is a very hot button, upsetting issue...but we can't stoop to the level of a monster.

 

[Isabelle]

Washington State would not be able to bring any charges, or arrest until something busted open in the case. If Susan was found in Utah, Washington State would arrest him and send him to Utah to be tried. If Susan was found in Washington, he would be arrested and tried there. It's not as if moving freed him of pending charges. Susan was simply never found, and there was not enough evidence (found of shared, I don't know if one or both) to force Washington State to get a search warrant for a storage locker.

When Susan's son drew a picture of the car and said mommy was in the trunk, an arrest should have been made in Washington State, since this is the state in which the drawing was done (if that is the case). <modsnip>

 

[SilkySifaka]

When Susan's son drew a picture of the car and said mommy was in the trunk, an arrest should have been made in Washington State, since this is the state in which the drawing was done (if that is the case). <modsnip>.

I don't think they didn't care. I do think that the luxury of time, which they had before SP's arrest, disappeared and they didn't really note it. For two years they had time, the boys were with dad and he was happily living his life in control of it..feeling cocky because nothing was found.

In fact I don't think the kids were in danger during the majority of the time. Happy? no. nurtured and loved? no except as a possession, but not in direct danger.

As soon as Sp's arrest happened and DEFINITELY after Josh lost custody they were in mortal danger.

If LE was truly planning an arrest in a few weeks they made a big mistake. A natural one..they were used to the kids being at least ok and nothing really changing. Instead Josh went to pieces and it was obvious to me that the Cox's getting custody was a death sentence on the children. not saying Josh should have kept custody but LE should have talked to the prosecutors and judge and worked out a way to move the arrest time up and have it all occur at the same time.

I think there will be some real questioning of their own decisions on the part of those who planned the upcoming arrest if it is true. Why wait? Dads (and moms) kill their children when they lose custody, men and women kill those who are witnesses to a murder, here we have a situation where it is both. He lost control of the kids, from that moment on imo he was planning how to kill them. He probably tried to think of a way where he would stay alive but finally realized that was impossible.

Just wish they arrested on the day they planned an upcoming arrest and before Josh was able to do a thing about the boys living with the Cox's

 

[21merc7]

I think there will be some real questioning of their own decisions on the part of those who planned the upcoming arrest if it is true. Why wait?

The better question is who leaked it? No one should have known as it was bound to get back to Josh and he was bound to flip out.

 

[AnaTeresa]

When Susan's son drew a picture of the car and said mommy was in the trunk, an arrest should have been made in Washington State, since this is the state in which the drawing was done (if that is the case). <modsnip>.

A child's drawing is not probable cause. Child witnesses are problematic, particularly as time passes. LE needed more - would you rather they had arrested them and then let him go, because they didn't have a case? Once an arrest happens, the clock starts ticking. If the case isn't solid, the suspect walks free.

 

[mamamia54]

A child's drawing is not probable cause. Child witnesses are problematic, particularly as time passes. LE needed more - would you rather they had arrested them and then let him go, because they didn't have a case? Once an arrest happens, the clock starts ticking. If the case isn't solid, the suspect walks free.

They have used child witnesses before in cases. What better witnesses could they possibly have when they said they were right there with mommy and daddy, that's first hand knowledge at that point. I know there could be a possibility the child was talking about something from the past, but this time I don't think I'd have taken that risk NOT to listen, their mother never came home.

 

[CHERIE.T]

I'm torn about using children as witnesses, especially against their own parents. I guess it should be on an individual case basis.

imho

 

[Jules71]

So perhaps JP withdrew the $7k from his bank account the day before the incident and put it in his storage. Then he sent an email to whomever telling them 'where they could find his money' <- wasn't that reported? And maybe that person came forward with the information about the storage facility. I am betting he didn't have automatic w/d's coming out of his account for the storage.

Wonder if he sent any physical mail - a key to the storage to anyone - SP, or other family member.

 

[DLT88]

In the wake of Josh Powell’s death, West Valley City police say they have received several new email tips about the case of missing woman Susan Cox Powell.

West Valley City Police Chief Thayle "Buzz" Nielsen, who spent Tuesday meeting with local law enforcement, said the information is "new stuff coming out." Officers are reviewing the tips to see if they yield any credible leads.


http://www.sltrib.com/sltrib/news/53470987-78/powell-josh-leaches-media.html.csp

Could it be that people were afraid and intimidated by what JP would do to them if they spoke? I guess they should have been seeing what he did to his own two innocent gentle children.

 

[KinderedSpirits]

I just see a whole lot of laws here that need changing. LE is just doing what they can WITHIN the laws, like it or not, thats how it is. Its up to us to get the laws changed and this case begs for a whole bunch of them to be changed:

Children who are POSSIBLE witnesses of a crime, and have already been removed from a home of a husband of their missing MOTHER, should not have to have visitiations with the father. PERIOD. Just in case. Rights be d@#$ed. Or visitiations only under armed supervision NOT in the home.

In order to find a missing person where foul play is believed to have occured, LE should be allowed to search whatever and wherever necessary. And the uncooperative behavior of the owner of the property should become part of the PC.

I know many people would say these would be huge violations of rights. I, frankly, am so ticked off and so sick of this that Im willing to give up some of my rights. I have nothing to hide!!

Thank you for your post. I feel the same way, and have said the same thing on various threads!!!

 

[Dr. Know?]

I find reading the sisters search warrant interesting. They call her a suspect.

BenWinslow Ben Winslow
MT @fox13now: New docs: Warrants for #JoshPowell's $$ records http://bit.ly/zl1Ztu and sister's phone http://bit.ly/xPiLrJ #findsusan

 

[RoseTree]

What a horrible, horrible situation. I think it's important to remember that laws exist to protect, but also give us freedoms. Unfortunately, things like this happen. I see a lot of error in practice, especially as a former CPS worker (2002-2004), and a person who works in the field of child welfare even today. The main one being that he never should have been able to visit at his own home.

I am really sad that no one was alerted when he withdrew the money or donated toys, I understand that they might not have known who he was, but it still makes me sad that this could have been prevented.

 

[21merc7]

I find reading the sisters search warrant interesting. They call her a suspect.

BenWinslow Ben Winslow
MT @fox13now: New docs: Warrants for #JoshPowell's $$ records http://bit.ly/zl1Ztu and sister's phone http://bit.ly/xPiLrJ #findsusan

Hmmm, looks like she may get charged with felony obstruction. Good for them!

 

[AnaTeresa]

They have used child witnesses before in cases. What better witnesses could they possibly have when they said they were right there with mommy and daddy, that's first hand knowledge at that point. I know there could be a possibility the child was talking about something from the past, but this time I don't think I'd have taken that risk NOT to listen, their mother never came home.

While child witnesses certainly can be used, the statement of a young child, some time after an event, made when in the custody of others against another party opposing custody - it's not going to hold water for probable cause to arrest. LE needs more to arrest. It may get you enough to search the car, but they would have needed more to arrest Powell. It's easy to Monday morning quarterback this, but if LE had jumped the gun, Powell would have walked. While what happened was a tragedy, people would have been howling if LE bungled the case by acting too soon.

 

[cluciano63]

If Goodwill did not know who JP was when stuff was dropped off, how did they know so quickly after the deaths?