In the summer when this was happening, I had suspected that the police search at 'the acreage' was without a search warrant. Obviously if no search warrant, it would have been *with* the owners' permission.
The reason I suspect there was no search warrant is because the search went on and on for weeks it seemed, and police seemed to be collecting whatever, when I know that in real life, with an official search warrant, it must be very specific in stating the length of time, what LE is trying to locate there, why it is expected to be found there, perhaps what is hoped to be proved/why it is important to a case, etc. Search warrants are never just open-ended, carte blanche, 'hey take as long as you like, and take whatever you want just in case it could come in handy in the trial at some point for some reason'. It doesn't work like that. It seemed to me that the search ended and the property was handed over to DG's parents once they returned from the vacation they were on at the time, and I suspected that was because that is the permission the parents gave to police... for that time period only.
So now that they are searching again, after so longgggg, and just prior to the prelim hearing, I am wondering if perhaps one or more aspects of the search, or one of the things they confiscated during the search, is being argued by the defence in regard to its validity, and/or ability to be included as evidence to a potential jury, due to missing certain requirements of a typical search warrant, which I believe may have been absent in this case.
For example... If I am correct, and police didn't bother with official warrants because they had obtained permission instead from the family themselves, could there have been a part of what was siezed that is now being argued.. things that I wonder about are.. computers, cellphones, video recordings? I know that during a regular search with a search warrant in place, police need additional search warrants (or at least the existing search warrant to contain specific wording) to include information contained within a computer or other electronic devices.
I wonder in this case, *if* there was no official search warrant obtained, and the parents gave permission instead, would that permission be all encompassing, or could the parents later argue that they meant police could search in general, but not inside their computers (as an example). Or, if DG was living there and paying rent to his parents.. would the parents' permission to search their property, have included a renter's quarters and his electronic equipment and/or other belongings of such a renter?
Even though police are telling MSM it is just a regular occurrence in preparation for the prelim, move along folks, nothing to see here.. I think it is weird (MOO) they are going back now, after so long, and also so close to the prelim. I don't recall ever having read anything like this in any other cases. After such a long search, I suspected police would have been dotting their i's and crossing their t's very carefully at the time, and wouldn't need to ever bother the parents again to make confirmations, take measurements, verify, etc., as have been suggested as potential reasons for this new search of the property. I'm wondering if perhaps DG's defence has asked for certain potential evidence to be excluded for perhaps reasons stated above, or other, different reasons, and police are now faced with having to go back to correct whatever might be deemed improper, by getting the paperwork and permissions in order. And if that was the case, what would happen if evidence, status, circumstances, conditions of the thing(s) in question had changed since the summer, and more of whatever they obtained in the summer could no longer be obtained, even with the new paperwork in order now.