Archangel7
Verified Law Enforcement
- Joined
- May 15, 2013
- Messages
- 1,420
- Reaction score
- 16
I have never heard of LE saying, "We have enough evidence, we don't need to look for a murder weapon or bother to process the entire scene, that's not worth getting a warrant for."
They either looked in the barn the first time or they didn't, and it was posted here that there was media confirmation that they did look in the barn the first time. Therefore it seems unreal to me that when TPS were conducting their search for LB that HPS wouldn't suggest that they also get a warrant to look into the suspicious barrels or under the mounds of hay. And again, if it was about getting a warrant, they could have easily secured the barn until a warrant could be made. What judge wouldn't be curious about what might be in 54 barrels in a couple of homicide investigations?
The accused didn't have strong enough rights to keep news cameras from trespassing on his property and taking footage through his windows, I can't imagine those rights were what kept LE from searching the barn. Also, in that case, wouldn't he still have the same rights to keep his barn from being searched now as he did in May and June? I think a missing woman supposedly connected to the accused along with the combination of having 54 great places to hide a body would have been sufficient to get a warrant to search the barn, in my opinion.
I believe when we are comparing these searches to RW or PB, we have to remember that those were searches of residences where other people resided, this is a dilapidated old barn, less chance of disturbing innocent people in that search. There still is no reasonable explanation as to why they waited 4 months to search the only building on the property, in my opinion.
If I were arrested for suspicion of murder and the police searched my house thoroughly, but then looked into my garage and saw a whole bunch of barrels and tarps covering everything, I would really be shocked if they didn't peek under the tarps or crack open at least a few barrels. Does this not seem odd to anyone else here?
Ask exactly what you are confused about specifically so that it may be answered specifically in the spirit of resolving the mobius loop of explaining that has been done over how search warrants are sought, obtained, dated, issued, executed, inventoried, and post search returned.
This is assuming of course a honest educational/informational solution is being sought. If only to perpetuate arguing, I'll refrain........
On your case of murder and your house/garage........if LE had probable cause AND could convince a judge of that probable cause that evidence is in the house and/or garage the Judge may sign, issue, approve, etc. a search warrant for both house/garage.
Many times the Judge(who doesn't like to look inept by having a appeal affirmed nor violate rights/laws)will ask LE to narrow down the search area as in what room or ask if you're seeking access to the attic. He usually won't easily allow a house search warrant to blanket cover every real estate holding(building) on that property nor the complete property(dirt). In some countries a vehicle is by law, real estate so that's a wrinkle also some places.
I have instructed at a LE Academy once upon a time and I'm sure I can help you reach closure on this search warrant issue.
With all genuine consideration and the usual and customary respect of course.
ETA........ I see SB has given as good a logical, understandable and case law based explanation while I was posting.