4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 74

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  • #801
  • #802
Re: confidential informants

There are differences between CIs and witnesses, definitions, rules pertaining to, etc.

I thought these were interesting:

MOO




Idaho Criminal rule 16 Discovery and Inspection (ICR 16g (2) informants)


Idaho Supreme Court Rule 509 Identity of an informer (priviledge and exceptions)

 
  • #803
BK is by no means a stupid man, but lacks common sense. Maybe, and it’s a big maybe, he could have gotten away with one murder, but after that first one, I’ll bet whatever plan he had was messed up by the other three and has DNA transfer from the house on him/car and plenty more of his we have not heard about left at the victims’ home. Air droplets,….JMO
 
  • #804
Someone above mentioned this could be normal behavior being up at 1:30 for him since neighbors in Pullman saw him as a night owl.

Those links were posted threads ago quoting his neighbors as saying he used to clean at night. I don't remember anything about trash, but surely that was part of cleaning? JMO.
 
  • #805
I believe what OP meant was he had already been seen doing this while under surveillance in PA. Not that it was something he already was known to do before the murders took place. Link is below where he was seen doing this. I'm usually terrible at finding links for stuff later on, so imaginary fist bump for me. LOL


Does anyone recall reading or hearing that he did this while in Pullman? I don't, but that doesn't mean much. LOL I have a vague memory that they weren't able to obtain his trash in Pullman, but I can't swear to it. MOOooo

IMO, just because we haven't heard him doing htis prior doesn't mean he didn't. He was doing this at 1:30 in the morning. How many people would have known? It's possible even his family didn't know he did this. JMO.
 
  • #806
Those links were posted threads ago quoting his neighbors as saying he used to clean at night. I don't remember anything about trash, but surely that was part of cleaning? JMO.
i remember reading the article about the woman who said he cleaned at night and it disturbed them. She said 8pm.
I never saw verification of the trash removals at night at his apartment building.
 
  • #807
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  • #808
i remember reading the article about the woman who said he cleaned at night and it disturbed them. She said 8pm.
I never saw verification of the trash removals at night at his apartment building.

My memory is that she gave a different time, but I'm not stating that as fact.

Do you have a source for the 8 pm time? Because IIRC, she reported it to the Steptoe management as it was outside quiet hours. But that's just my memory. So you say 8pm and I say after 11 pm.

She did not say 8 pm. She was much more vague, IIRC.

IMO.
 
  • #809
This raises a very interesting question for me. If the police step onto BK's neighbor's property and search their trash bins for what they observed BK put in there, is what they find admissible without a warrant? I guess the legal question is: would it be invading the neighbor's privacy if they already knew what they were looking for didn't belong to the neighbors? Certainly, they could (and possibly did) just get the neighbor's permission and ask them not to tell, but could they be sure the neighbor's aren't besties with the Kohberger's and might tip them off? Or maybe they just parked some poor, unfortunate probie agent on the street with orders to grab it the minute the bin hit the curb. I believe all we know at this point is that they retrieved whatever he put in their trash, but not exactly how they went about that.
As long as the neighbors' bin is at the curb, there is no expectation of privacy. But that goes double for BK's trash at his neighbor's curb. Which is where I believe the father's DNA was retrieved.

Now if the neighbor's trash were not yet to the curb, but was still within the neighbor's scurtilege (a new term to me which seems to mean on the neighbor's property as opposed to the city-owned strip along roadside (including the curb)), then anything found in it could not be used against the neighbor.

IANAL but I expect the prosecution's argument in such an event would be that although the evidence recovered from the bin on the neighbor's property could not be used against the neighbor, it should still admissible against BK. After all, BK has no expectation of privacy in litter he basically dumped on the next-door property.

Other posters--more dedicated than I--have been reading PA case law and perhaps they will correct my assumptions here.

In CA, where I live, and in FL, where I grew up, there is a strip of land, between your house and the road, that belongs to the public. The homeowner must maintain it, but has few rights as to its use, including no expectation of privacy. Our city water co. installed a large housing for their equipment on the strip directly in front of my house, chose the location and color without consulting us. Anyone can park in that strip along the road (as long as they don't block my driveway), but let a weed pop up there and I get a $100/hr. bill from the City.
 
  • #810
  • #811
Double post
 
  • #812
As long as the neighbors' bin is at the curb, there is no expectation of privacy. But that goes double for BK's trash at his neighbor's curb. Which is where I believe the father's DNA was retrieved.

Now if the neighbor's trash were not yet to the curb, but was still within the neighbor's scurtilege (a new term to me which seems to mean on the neighbor's property as opposed to the city-owned strip along roadside (including the curb)), then anything found in it could not be used against the neighbor.

IANAL but I expect the prosecution's argument in such an event would be that although the evidence recovered from the bin on the neighbor's property could not be used against the neighbor, it should still admissible against BK. After all, BK has no expectation of privacy in litter he basically dumped on the next-door property.

Other posters--more dedicated than I--have been reading PA case law and perhaps they will correct my assumptions here.

In CA, where I live, and in FL, where I grew up, there is a strip of land, between your house and the road, that belongs to the public. The homeowner must maintain it, but has few rights as to its use, including no expectation of privacy. Our city water co. installed a large housing for their equipment on the strip directly in front of my house, chose the location and color without consulting us. Anyone can park in that strip along the road (as long as they don't block my driveway), but let a weed pop up there and I get a $100/hr. bill from the City.
I've seen the aerial view of the Kohberger's house, but not where the trash bins sit on pickup day. I wonder if their street is like mine: the bins aren't set on the curb/street. They sit on the edge everyone's front yard. We don't have a sidewalk/the area between the sidewalk and the street. But, the trash bins belong to the company the city pays to empty them.

I wonder if one reason they asked for the arrest warrant to be granted without considering the DNA connection is that the trash they used to get it may be excluded since (if) it wasn't actually on the curb.
 
  • #813
I've seen the aerial view of the Kohberger's house, but not where the trash bins sit on pickup day. I wonder if their street is like mine: the bins aren't set on the curb/street. They sit on the edge everyone's front yard. We don't have a sidewalk/the area between the sidewalk and the street. But, the trash bins belong to the company the city pays to empty them.

I wonder if one reason they asked for the arrest warrant to be granted without considering the DNA connection is that the trash they used to get it may be excluded since (if) it wasn't actually on the curb.
There is no drainage easement on your property? Our yard goes right to the road but we still have an easement. JMO
 
  • #814
There is no drainage easement on your property? Our yard goes right to the road but we still have an easement. JMO
Well, I have no idea and I should probably not admit that I'd never even heard of such a thing. . If they all look like the ones I just found in a quick search, then no, I don't, though I've seen them on other streets. But, I wouldn't put that answer in writing or say it under oath!
 
  • #815
There is no drainage easement on your property? Our yard goes right to the road but we still have an easement. JMO
Yes, we have no sidewalk either, but there is room for one in that easement along the street.

Our yard would go right to the asphalt if a prior owner hadn't built a half-wall along the actual property line.

But I am open to the possibility that property laws may vary from place to place...
 
  • #816
I've always been of the belief that once something has been put in garbage at the curb that is becomes public property?
JMO
 
  • #817
  • #818
Paywall for me :(
Does anyone have a summary, please?

It’s mainly about the coverage, not the case. Lots of talk about Entin.

I skimmed it, so I can’t swear I got everything, but I don’t think you lost much by being on the wrong side of the paywall.

MOO
 
  • #819
This article suggests that WS is the origin of the crazy online 'sleuths' that cause problems.
I feel this is unfair.
JMO
ETA: Not aimed at you @Dotta
I don't think so.
"Web sleuths" is a general term referring to all Internet armchair detectives.
JMO
 
  • #820
I don't think so.
"Web sleuths" is a general term referring to all Internet armchair detectives.
JMO
Look at where it first mentions "Websleuths" it says 'the site of the same name'. It's very specific.
"Websleuths earned their moniker in 1999 on a site by the same name, ..."
 
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