Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #21

[rainbowshummingbird]

This really is not about being naive enough to believe searches are an exercise to checkmark a box to clear the hubby. Besides the state and U.S. Constitution, it's about understanding that police must satisfy very specific requirements to obtain a search warrant.

I believe once you truly grasp the 10 "must-haves" to obtain a search warrant, only then will you be able to erase any mental boundaries that might exist between a warrant for say a concrete slab at one's workplace, and a tool shed in one's backyard.

The search warrants for this case are currently sealed but once made public, you really owe it to yourself to obtain a copy of this particular search warrant and read it closely. Chances are good that you'll never forget it.

Until then, consider that each of the following criteria had to be met before LE was able to search the concrete slab (i.e., residential building site). Please take note of items 1 - 3 especially.

For both an arrest and a search warrant, the number one probable cause is the reasonable expectation that a crime was or is being committed.

1. A warrant MUST HAVE an affidavit of probable cause attached to it which tells the person issuing the warrant that there is probable cause for the search and seizure of the item in question. Probable cause is the reasonable expectation that a crime was or is being committed and it’s the same standard that law enforcement must satisfy to arrest a person for a crime.
2. A warrant MUST HAVE been based on reliable information by some witness or an informant;
   
3. A warrant MUST HAVE the information used to obtain it corroborated by another source other than that same witness or the informant.
   
4. A warrant MUST be signed and sealed by the issuing judge,
   
5. A warrant MUST have a specific date and time of issuance
   
6. A warrant MUST identify specifically the property to be seized
   
7. A warrant MUST name and describe with particularity the person or place to be searched,
   
8. A warrant MUST be executed within a specified period of time not to exceed two days from the date of issuance
   
9. A warrant MUST be served in the day time unless otherwise authorized on the warrant,
   
10. A warrant MUST contain state title of the judicial officer who issued the warrant. This person MUST also certify that he/she has found probable cause exists based upon the facts sworn to or affirmed by police based on the witness or the informant.

Search and Seizure Frequently Asked Questions

Thank you, Seattle! That is illuminating.

 

[AbigailHobbs]

Profiling Evil guys' comment on their latest video.

Profiling Evil
2 hours ago
“It is a capital mistake to theorize before one has data. Insensibly one begins to twist facts to suit theories, instead of theories to suit facts.” ― Sir Arthur Conan Doyle, Sherlock Holmes

Whats the context? I dont get it

 

[Ontario Mom]

Spoiler:
The project manager for the construction is a woman. Her partner, who is the actual job foreman, is a man.
The link will take you to a detailed explanation of exactly what was being done that morning, which was inspected the next morning. The screenshot shows a workman unrolling red hot water tubing. The second is the exact same photo, slightly darkened to simulate early morning light.
It looks mighty darn suspicious to me. Yesiree bob! IMO

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This is the information I asked about. You didn't provide any sort of link to confirm what you're saying here.
That the project manager is a woman, her partner a man, and what they were both doing on the job site the morning the witness saw/heard them.
Was this mentioned somewhere in a MSM article I missed?

 

[Ontario Mom]

If there was one person that you wish Lauren could interview, who would it be? I know Barry is the obvious choice, but I would love to hear from the neighbor who called 911.

Can LE ask someone not to divulge any details of the case or is it a choice? Would the neighbor be unable to talk to the press?

Suzanne.

 

[Feistyomi]

This really is not about being naive enough to believe searches are an exercise to checkmark a box to clear the hubby. Besides the state and U.S. Constitution, it's about understanding that police must satisfy very specific requirements to obtain a search warrant.

I believe once you truly grasp the 10 "must-haves" to obtain a search warrant, only then will you be able to erase any mental boundaries that might exist between a warrant for say a concrete slab at one's workplace, and a tool shed in one's backyard.

The search warrants for this case are currently sealed but once made public, you really owe it to yourself to obtain a copy of this particular search warrant and read it closely. Chances are good that you'll never forget it.

Until then, consider that each of the following criteria had to be met before LE was able to search the concrete slab (i.e., residential building site). Please take note of items 1 - 3 especially.

For both an arrest and a search warrant, the number one probable cause is the reasonable expectation that a crime was or is being committed.

1. A warrant MUST HAVE an affidavit of probable cause attached to it which tells the person issuing the warrant that there is probable cause for the search and seizure of the item in question. Probable cause is the reasonable expectation that a crime was or is being committed and it’s the same standard that law enforcement must satisfy to arrest a person for a crime.
2. A warrant MUST HAVE been based on reliable information by some witness or an informant;
   
3. A warrant MUST HAVE the information used to obtain it corroborated by another source other than that same witness or the informant.
   
4. A warrant MUST be signed and sealed by the issuing judge,
   
5. A warrant MUST have a specific date and time of issuance
   
6. A warrant MUST identify specifically the property to be seized
   
7. A warrant MUST name and describe with particularity the person or place to be searched,
   
8. A warrant MUST be executed within a specified period of time not to exceed two days from the date of issuance
   
9. A warrant MUST be served in the day time unless otherwise authorized on the warrant,
   
10. A warrant MUST contain state title of the judicial officer who issued the warrant. This person MUST also certify that he/she has found probable cause exists based upon the facts sworn to or affirmed by police based on the witness or the informant.

Search and Seizure Frequently Asked Questions

I’m saving and will review, thank you!
I also followed up with your link, but that brought up more questions. Not trying to question you, asking for your help in translating legalese, even simplified, I have trouble. That website explains consent searches and also exigent circumstances.
Why wouldn’t they apply in this case? Again, not trying to be dense, I am truly trying to understand this.
Would a consent search be presented to a judge and become a search warrant to verify and ensure LE is protected, in event something was recovered?
Thank you in advance.

 

[JnRyan]

If there was one person that you wish Lauren could interview, who would it be? I know Barry is the obvious choice, but I would love to hear from the neighbor who called 911.

Can LE ask someone not to divulge any details of the case or is it a choice? Would the neighbor be unable to talk to the press?

Who would like to see her interview? I don't have one person. I don't believe she is going to get BM, any other family member or anyone from LE. I have no one single person outside of those. Maybe talk to the house cleaner again. The lady who called 911 (I don't believe she is talking either). Cyclists who use the trails in that area. The bike shop she frequents. In short, I'd just like to LS round up as many as possible and then keep going. She is keeping the interest up in this case.

 

[JnRyan]

Suzanne.

Well, if it had to be just ONE, that would be the ideal source!

 

[BeckyF]

Apology would be nice!

I’d love to apologize to Suzanne on behalf of any person who hurt her.

 

[branmuffin]

I'm not convinced they found nothing. The CCSO wording left an out. (imo)

they were unable to make any connection to Suzanne Morphew’s case at this time. Details about the search are not available, as this is part of the active investigation.

I think you can get DNA from purge fluid.

 

[lamlawindy]

I’m saving and will review, thank you!
I also followed up with your link, but that brought up more questions. Not trying to question you, asking for your help in translating legalese, even simplified, I have trouble. That website explains consent searches and also exigent circumstances.
Why wouldn’t they apply in this case? Again, not trying to be dense, I am truly trying to understand this.
Would a consent search be presented to a judge and become a search warrant to verify and ensure LE is protected, in event something was recovered?
Thank you in advance.

Well, the homeowner's consent would probably be included as part of the warrant probable cause affidavit (PCA). It would definitely make a judge feel more confident if s/he sees consent on the homeowner's part.

The benefit of having a warrant is that warrant searches are presumed valid: a defendant would bear the burden of showing that the search was somehow illegal. With a warrantless search, the government bears the burden of showing that the search was legal.

 

[Goldenseal]

I've been here for a long time and yet I still find it really kind of amazing how we can all watch the same interview, presser, whatever, and come away with just polar opposite impressions.
I did not see the slightest hint of what you describe.
I didn't see her expression change in any way, that would make me think she felt such a comment was offputting, as you say.

jmo

It was more that her face froze for a second or two, as if she had a bit of trouble answering such a surprising question. As I said, she was uniformly polite during the whole talk.

 

[marylamby]

It was more that her face froze for a second or two, as if she had a bit of trouble answering such a surprising question. As I said, she was uniformly polite during the whole talk.

Thanks, Goldenseal, for this and your previous post.
I wish I hadn't said anything!

 

[Cassady]

Well, the homeowner's consent would probably be included as part of the warrant probable cause affidavit (PCA). It would definitely make a judge feel more confident if s/he sees consent on the homeowner's part.

The benefit of having a warrant is that warrant searches are presumed valid: a defendant would bear the burden of showing that the search was somehow illegal. With a warrantless search, the government bears the burden of showing that the search was legal.

In addition, in this case the use of ground penetrating sonar could have been done with the consent of landowner. If an anomaly was observed during this process, that fact, together with the owners consent and observations of a neighbor about activities occurring on the job site on MD weekend could have all been articulated in an affidavit to establish PC for SW...IMO.

However, this job site would have had numerous people who had access to it during the relevant time period. Not only contractors and subs, but residential job sites are often not secured and pretty much anyone can walk onto them.

Also if dirt guy disposed of a body in a site prep job, the concrete guys, framers & county inspectors likely would have smelled it before the sonar was brought in.

IMO LE was simply following a lead and it appears that not much came from this lead.

 

[marylamby]

In addition, in this case the use of ground penetrating sonar could have been done with the consent of landowner. If an anomaly was observed during this process, that fact, together with the owners consent and observations of a neighbor about activities occurring on the job site on MD weekend could have all been articulated in an affidavit to establish PC for SW...IMO.

However, this job site would have had numerous people who had access to it during the relevant time period. Not only contractors and subs, but residential job sites are often not secured and pretty much anyone can walk onto them.

Also if dirt guy disposed of a body in a site prep job, the concrete guys, framers & county inspectors likely would have smelled it before the sonar was brought in.

IMO LE was simply following a lead and it appears that not much came from this lead.

I don't think they were looking for a body and we've no idea what they found, if anything.

 

[BeckyF]

This really is not about being naive enough to believe searches are an exercise to checkmark a box to clear the hubby. Besides the state and U.S. Constitution, it's about understanding that police must satisfy very specific requirements to obtain a search warrant.

I believe once you truly grasp the 10 "must-haves" to obtain a search warrant, only then will you be able to erase any mental boundaries that might exist between a warrant for say a concrete slab at one's workplace, and a tool shed in one's backyard.

The search warrants for this case are currently sealed but once made public, you really owe it to yourself to obtain a copy of this particular search warrant and read it closely. Chances are good that you'll never forget it.

Until then, consider that each of the following criteria had to be met before LE was able to search the concrete slab (i.e., residential building site). Please take note of items 1 - 3 especially.

For both an arrest and a search warrant, the number one probable cause is the reasonable expectation that a crime was or is being committed.

1. A warrant MUST HAVE an affidavit of probable cause attached to it which tells the person issuing the warrant that there is probable cause for the search and seizure of the item in question. Probable cause is the reasonable expectation that a crime was or is being committed and it’s the same standard that law enforcement must satisfy to arrest a person for a crime.
2. A warrant MUST HAVE been based on reliable information by some witness or an informant;
   
3. A warrant MUST HAVE the information used to obtain it corroborated by another source other than that same witness or the informant.
   
4. A warrant MUST be signed and sealed by the issuing judge,
   
5. A warrant MUST have a specific date and time of issuance
   
6. A warrant MUST identify specifically the property to be seized
   
7. A warrant MUST name and describe with particularity the person or place to be searched,
   
8. A warrant MUST be executed within a specified period of time not to exceed two days from the date of issuance
   
9. A warrant MUST be served in the day time unless otherwise authorized on the warrant,
   
10. A warrant MUST contain state title of the judicial officer who issued the warrant. This person MUST also certify that he/she has found probable cause exists based upon the facts sworn to or affirmed by police based on the witness or the informant.

Search and Seizure Frequently Asked Questions

Wish I was as smart as you.

 

[GordianKnot]

It was more that her face froze for a second or two, as if she had a bit of trouble answering such a surprising question. As I said, she was uniformly polite during the whole talk.

BBM:

As were they.
The PE gentlemen did not harass LS.
They did not insult LS.
They did not belittle LS.

On the contrary, both men went out of their way to commend her for her hard work on SM's case, and to express appreciation for her willingness to talk to them.

Their questions were on point.

Actually, that specific question about how LS felt as she was there taking in the surroundings yielded some good info, which is to say, LS reported that she felt safe the entire time she was there, and that people she encountered on the road were friendly, cars passing waved at her, etc.

Honestly, if a reporter is taken aback by such an innocuous question, they're in the wrong business.

JMO.

 

[Dave F.]

<modsnip: quoted post was removed>

LS promised she would put her interview with the neighbor up on MSM later this week. We are fast running out of "early" in this week, so it shouldn't be a really long wait IMO

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[marylamby]

LS promised she would put her interview with the neighbor up on MSM later this week. We are fast running out of "early" in this week, so it shouldn't be a really long wait IMO

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Wed or Thurs is what she said, iirc.

 

[BeachSky]

It’s also interesting that BM keeps throwing out unlikely scenarios: 1. Kidnapping - based on his reward video 2. Mountain Lion

It only took you and I 5 minutes to realize how odd and unlikely that potential bike scene is. If I’m an innocent husband, I’m openly talking about how odd the bike scene is and how it doesn’t add up. Instead, he is doubling down on highly unlikely scenarios.

Reminds me of the many crimes of rage, panic & coverup.
Messy. Doesn’t add up.


MOO

 

[Seattle1]

I’m saving and will review, thank you!
I also followed up with your link, but that brought up more questions. Not trying to question you, asking for your help in translating legalese, even simplified, I have trouble. That website explains consent searches and also exigent circumstances.
Why wouldn’t they apply in this case? Again, not trying to be dense, I am truly trying to understand this.
Would a consent search be presented to a judge and become a search warrant to verify and ensure LE is protected, in event something was recovered?
Thank you in advance.

^^bbm

There are exceptions to the search warrant rule including consent search and exigent circumstances. However, in all my years following cases, neither exceptions have ever applied or been an issue. As mom says, don't borrow trouble.

I'm keeping my response short as the following exceptions do not apply here (i.e., we know a search warrant issued and signed by a judge, and the warrant has also been sealed -- protected from view).

A consent search is basically a warrantless search, and a search warrant or probable cause is not necessary because consent is given by someone with proper authority. There's no warrant so nothing to present to a Judge.

An exigent search is also a warrantless search based on the emergency doctrine.

In Colorado, the exigent circumstances exception is broken down into three main categories: 1) the bona fide pursuit of a fleeing suspect; 2) situations that create a risk of the immediate destruction of evidence; and 3) colorable claims of an emergency threatening the life of another.

Link attached with permission by HeinOnline for information/education purposes only.

https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1893&context=articles