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100% speculative thoughts on my part for discussion and consideration: It now makes me wonder if BM wasn’t searching for the spy pen in the trash can in front of the bike shop. I have not been convinced he was looking for the bike helmet as so many have thought or he may have suggested. A helmet tossed in such a small confined space would have been easy to retrieve by just feeling around for it. BM seemed to have had plenty of time to encounter it if it was in the trash can before he was interrupted by the shop employees that day.
He was definitely looking for something discarded that was smaller and had to be dug for in a pile of trash. Likely something that would have weight to it and settle to the bottom.
What if somehow Suzanne managed to discard it while in town during her last visit and BM was on the hunt for it? However, Suzanne confided in someone about where it was tossed and that information ultimately allowed LE to retrieve it first. BM however, was left to retrace her/their last steps to locate it first, thus the digging in the trash can in town in front of the bike shop.
It gives a little credence to BM being adamant about not wanting to be voice recorded for interviews or take the voice test LE offered up. It makes me wonder if BM was trying to avoid being recorded because he knew his voice was on the spy pen and it would easily incriminate him.
IMO MOO Just thinking out loud about possible scenarios to fit some of the actions and details being released.
Alternatively, BM could have worn his preferred muscle shirt with chest pocket as he threw something away at that trash can. Perhaps spy pen fell out of the chest pocket?
{You never know...

I fully believe it is Suzanne's pen. BM would have had cameras inside his home if he really needed to spy on Suzanne.(Recent cases have shown me that this is a thing!)