LE serves search warrant on family's home

[frankie069]

this is going to be a long night... they most likely, according to fox news, will not even be searching until tomorrow...

http://www.fox4kc.com/news/wdaf-kcpd-new-search-irwin-home-missing-baby-20111018,0,794561.story

let us all remember to break out our thoughts into the appropriate threads as we have a forum now for Lisa.

It certainly is going to be a long night, apparently why the got the warrant to state the parents have a stay away with this one. Now they can take their time, tonight get everything in order they need and in the morning start their search. Its about time.. and I certainly do not blame this on LE. Its the parents who I am sure would not let them search and looking in a house at the crib and window are much different then searching a house.. Just so if anyone doesnt understand that. I wanted to clarify.

 

[Kamille]

A good defense attorney will file a motion to suppress any evidence collected without a warrant. Now that the parents have lawyered up, any evidence previously removed from the home may not be allowed in court. For instance, the receipt for the wine could be suppressed as well as the video of Deb purchasing the wine if there was no warrant in place when those things were obtained. Getting a search warrant is the best way to keep the evidence "clean" so to speak.

Not sure how it works without a warrant but I believe you have to sign off on items taken with a warrant or at least LE have to provide you with an inventory sheet of what they've taken. Perhaps it's the same without a warrant when you are giving permission and if you're signing off on items then I would think they'd be admissable?

MOO

 

[cluciano63]

I doubt it is the phones they are after, unless they did ping very close to the house originally when battery still worked, and since they have not found them, they are taking a chance that they are hidden in the house or in the walls, etc...if so, they must really need them badly.

 

[liz b.]

They have let them search - many times. Now they are looking for something specific. Very specific. Could have had to do with the Grand Jury or any of the recent searches.

The phones,IMO. And I believe they will find them...MOO

 

[daisy7]

A good defense attorney will file a motion to suppress any evidence collected without a warrant. Now that the parents have lawyered up, any evidence previously removed from the home may not be allowed in court. For instance, the receipt for the wine could be suppressed as well as the video of Deb purchasing the wine if there was no warrant in place when those things were obtained. Getting a search warrant is the best way to keep the evidence "clean" so to speak.

But, if the parents' gave permission for them to search (which they did), they wouldn't need a warrant. Plus, any of the stuff they've already found wouldn't be covered under the new search warrant. I'm just really confused why they felt the need to get the warrant now.

 

[mysteriew]

Respectfully...that is just not the way it works. If the body was found today, LE would most likely still be there processing the scene, taking photos, examining the area, etc. To think that they would just scoop up a body and sneak it into a vehicle and hide it is ridiculous.

That's just it. Because if they found her remains in the morning, they could have been there all day taking pics and doing all the other tasks.For all we know she could have been found early this am and worked on it all day long. What time were they seen getting the ground sifters?

 

[c@rol]

If the parents were to go so far as to drop the cells down a wall or hide them in some way, I'm sure they would remove the batteries before doing so.

To answer the decomp question.. she would still be very identifiable.

 

[Kamille]

But, if the parents' gave permission for them to search (which they did), they wouldn't need a warrant. Plus, any of the stuff they've already found wouldn't be covered under the new search warrant. I'm just really confused why they felt the need to get the warrant now.

I think, as it has been posted earlier, that the parent's would no longer be giving their permission now that JT is on the scene.

MOO

 

[jjenny]

If the parents were to go so far as to drop the cells down a wall or hide them in some way, I'm sure they would remove the batteries before doing so.

To answer the decomp question.. she would still be very identifiable.

Well I am not so sure regarding the phones. If someone is in the panic they might not think it all through.

 

[Melanie]

I thought LE had already searched the home several times before now?????

LE can do a precursory search without a warrant -- such as collecting evidence that can be seen be an officer or investigator. What they can't do is haul away financial records, computers, things in cuboards and drawers without a judge's signature. There has to be a specific need/reason to obtain items outside the scope of what is portrayed as a crime scene.

Well I guess they found a reason to start searching a bit deeper. I wonder what they'll find.

Anyway, that's how I interpret warrants to be. I'm not a lawyer or LE, so take it for what it's worth - this is the internet

MOO

Mel

 

[mysteriew]

The pings will give a certain area based on the cell tower, but not a specific place. I remember hearing "woods by the house", but I'm not sure how they could have been that specific or where this information came from.

Pings wouldn't do it. But if the phones had GPS on it that should cut down the area considerably.

 

[shay0903]

Ok I am going to throw this out here about the pinging of the phones etc...I know in the story in this link
http://abcnews.go.com/US/Story?id=5657553&page=1
this lady was trapped in her car for 5 days while Rescue searced the area with lots of manpower, k-9s etc before finding her near where her cell phone "pinged" because the cell phone only pings within a rather large footage area. My father was a rescue worker on this case and he was telling me about how the "pings" are only within about 20ft?? Not pinpoint. I wanted to share this story about how ppl searched based on facts as well as "pings" so everyone realizes it can be difficult. I know the story doesnt mention the phone pings its just my personal knowledge but still you can see searches can be/are difficult even when you know the area and its a large object in thick woods and/or brush. So if they got a ping on the phones in those woods and now recovered them (thus the evidence found today-despite being told they was nothing) do you think they have had enough time to review the evidence on the phones to suspect something is in the house?

 

[frankie069]

Not if the parents gave permission to search.

Better to have a warrant, the parents can say they felt pressured to say yes (which is not the case but it makes for a good case) or they can say they were under duress. Either way a warrant is the way to go legally. No one is going to give permission to pull traps and look in walls and floor boards and possibly dig up a yard. No one that is guilty anyway. They might have asked the parents and they could have said no, the police have been in the house on a few occasions, not many but they only looked in the baby's room and the window and such, they didnt do a thorough search. They needed this warrant. It would be awesome to know that someplace on that raw video something was seen that also made them get this. I am sure it had to do with the GJ. Hopefully we will get an arrest tomorrow, I only hope this isnt another dead end.

 

[cluciano63]

They may have searched with permission, but to make sure it holds up in court it is always better to have a warrant...no misunderstandings later on as to what "permission" meant or what they were allowed to find.

 

[essies]

CaseSignalCase Signal (BeanE)





RT @danielabrams: they are clearly focusing on parents and tiring of getting publicly blasted by them and their atty.

8 minutes ago









CaseSignalCase Signal (BeanE)





#lisairwin RT @DrDrewHLN: Video: Baby Lisa’s parents barred from home; police execute search warrant - watch - http://ow.ly/71G2H


11 minutes ago

 

[Melanie]

I think, as it has been posted earlier, that the parent's would no longer be giving their permission now that JT is on the scene.

MOO

Right, and in watching other cases (such as the mansion murders in San Diego) even if the owner of the home gives consent, LE will get a warrant anyway. It saves having to listen to a defense attorney later yelling unlawful search and seizure.

MOO

Mel

 

[c@rol]

That's just it. Because if they found her remains in the morning, they could have been there all day taking pics and doing all the other tasks.For all we know she could have been found early this am and worked on it all day long. What time were they seen getting the ground sifters?

LE was set up outside of where they found little Caylee for a couple of days.

 

[mysteriew]

FORGIVE ME GRAPHIC what would be left of a small baby in the woods?
She would be like little Caylee by now. If a man did walk with a baby only in a diaper as reported in the beginning of the case.............I am very sad, I don't think they will find a baby unless she is in a container.

She wouldn't be recognizable. But unless animals got to her, she should be pretty much intact.

 

[gwenabob]

I wonder if they are going to bust up the flooring to get to the pipes or open the walls. Maybe the cellphones were flushed/dropped down a sink drain and they are stuck? Maybe they were thrown into the insulation or dropped down into the walls?

Yep. It could be those phones just kept pinging and pinging right in that area, and they are just sure they are hidden somewhere in the house. Maybe in a cold air return duct or heating duct? Attic crawl space? Bottom of the toy box? Behind a dresser drawer? Inside the box springs? All kinds of places you could hide phones.

 

[Mountain_Kat]

Oh no...read this from this 2007 missing baby case and later a murder case in Ft. Bragg where Deborah used to live.
http://www.wral.com/news/local/story/1951731/

This baby was the same age. The mom was the same age. The mom tried to make it appear that someone had come into the house through a window.

“the window in the baby's room was open, and the screen had been removed.”

Weird!