Law Enforcement Searches/AJ's Remains Located

[Zach]

Hello people. WH van searched 3.20.15, but discovery 4.9. Why so long?

 

[Zach]

As to why charges have not been filed...

VAC § 19.2-241

"When an indictment is found against a person for felony... the accused, if in custody, or if he appear according to his recognizance, may be tried at the same term and shall be tried within the time limits fixed in § 19.2-243"


VAC § 19.2-243

"Where a district court has found that there is probable cause to believe that an adult has committed a felony, the accused, if he is held continuously in custody thereafter, shall be forever discharged from prosecution for such offense if no trial is commenced in the circuit court within five months from the date such probable cause was found by the district court..."

 

[Zach]

Do police get search warrants even when people would voluntarily give the information? For court purposes or something?? Or does getting a search warrant mean that person would not give the information voluntarily?

 

[jnblsm]

Hello people. WH van searched 3.20.15, but discovery 4.9. Why so long?

Hey you!
Maybe they needed to run tests on fingerprints, hair samples, other DNA?
Moo

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[Zach]

Hey you!
Maybe they needed to run tests on fingerprints, hair samples, other DNA?
Moo

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Hello.. been awhile. ... But van had GPS, so how long can it take to get that info?

 

[Ontario Mom]

Hello.. been awhile. ... But van had GPS, so how long can it take to get that info?

Hey Zach, good to see you back here. I wish I could answer your questions but I'm at loss as to the way this case has been handled all along. Everyone who's paid attention, KNOWS WH had some hand in AJ's tragic death. But I did want you to know how much AJ touched so many people's hearts. She became our girl. I've had numerous private discussions with folks here over the years and it was the same for everyone, and still is for many of us. AJ was mentioned in our homes often. "What's going on with AJ's case?" "Has anyone been charged yet??"

I just wanted you to know that. There are still lots of folks you've never met, who consider AJ (and you, by extension) family, and will never tire in seeking/desiring justice.

 

[Zach]

Another question? How long does it take to get phone ping locations if you are the one with the phone account? Remember that on 3.13.15, the overpass near Thole and Tidewater was searched. I was just wondering why it took so long for that ping?

 

[CabinFever]

Do police get search warrants even when people would voluntarily give the information? For court purposes or something?? Or does getting a search warrant mean that person would not give the information voluntarily?

they still get search warrants here, CA, unless someone is in imminent danger.

as far as GPS, they would need a search warrant for cell company for access to ping or reports and I hear that takes forever.

 

[Zach]

Hey Zach, good to see you back here. I wish I could answer your questions but I'm at loss as to the way this case has been handled all along. Everyone who's paid attention, KNOWS WH had some hand in AJ's tragic death. But I did want you to know how much AJ touched so many people's hearts. She became our girl. I've had numerous private discussions with folks here over the years and it was the same for everyone, and still is for many of us. AJ was mentioned in our homes often. "What's going on with AJ's case?" "Has anyone been charged yet??"

I just wanted you to know that. There are still lots of folks you've never met, who consider AJ (and you, by extension) family, and will never tire in seeking/desiring justice.

I know. Thank you - on behalf of her, whose voice echos in my head..... She was a truly amazing girl. She was selfless, and so giving. She was the best big sister. She was a warrior. She was my good friend, and set me straight a lot, because she was an old wise soul. I was so confused when she left my house, but I am learning now A LOT about Parental Alienation. Parents that are very insecure manipulate their children and it damages them. Things were not right and it blew up in everyone's face. Wes should never have been around my kids. Family Courts did not care as I frantically begged for their help. People will be held accountable. The Probation Officer did not care about him moving in with my three young daughters straight out of prison. Adoption services here in Virginia failed utterly. They asked permission from the dad she didn't know and allowed a man with an IMMENSE criminal record to adopt my daughter after knowing her 2 years. It broke my heart. I want all of the complacency to be punished. I want all the liars to be burned with truth. I want the destroyer of Anjelica to experience her pain...

 

[Zach]

they still get search warrants here, CA, unless someone is in imminent danger.

as far as GPS, they would need a search warrant for cell company for access to ping or reports and I hear that takes forever.

For instance a cell phone. They don't get a warrant if you give it to them voluntarily. So if there is a warrant for somebody's cell phone, it's because they wouldn't voluntarily give it to police, correct?

 

[CabinFever]

For instance a cell phone. They don't get a warrant if you give it to them voluntarily. So if there is a warrant for somebody's cell phone, it's because they wouldn't voluntarily give it to police, correct?

No. LE would gladly take the phone you volunteered, but, they would still get a search warrant.
LE would not trust that you didn't erase/delete texts, call logs, or other information from the phone before giving it over.

You can not get "pings" off of someone's cell phone. You have to subpoena cell phone companies for the tower data records/pings and compare to the cell phone records. I remember in another case they said even then they could only get "areas" and not specific places of the pings.

Is this what you mean?

 

[Zach]

No. LE would gladly take the phone you volunteered, but, they would still get a search warrant.
LE would not trust that you didn't erase/delete texts, call logs, or other information from the phone before giving it over.

You can not get "pings" off of someone's cell phone. You have to subpoena cell phone companies for the tower data records/pings and compare to the cell phone records. I remember in another case they said even then they could only get "areas" and not specific places of the pings.

Is this what you mean?

Not only pings, but call history, etc... So you're saying that - just because there is a warrant for someone's phone, doesn't mean they refused to cooperate with police?

 

[CabinFever]

Not only pings, but call history, etc... So you're saying that - just because there is a warrant for someone's phone, doesn't mean they refused to cooperate with police?

If someone volunteered their cell, then it would be taken in to evidence and considered voluntarily surrendered. Going before a Judge for a warrant for the same phone would be necessary, no.

If you give your phone, that is considered consent = no warrant.


The most frequent way police are able to search is by asking you for permission. If you say “yes” and consent to the search, then police don’t need a warrant. You can limit the scope of that consent and even revoke or take it back after the officers begin searching, but by then it may be too late.1 That’s why it’s better not consent to a search--police may drop the matter. If not, then they will generally need to get a search warrant to search.https://www.eff.org/issues/know-your-rights

 

[jnblsm]

Hey Zach, good to see you back here. I wish I could answer your questions but I'm at loss as to the way this case has been handled all along. Everyone who's paid attention, KNOWS WH had some hand in AJ's tragic death. But I did want you to know how much AJ touched so many people's hearts. She became our girl. I've had numerous private discussions with folks here over the years and it was the same for everyone, and still is for many of us. AJ was mentioned in our homes often. "What's going on with AJ's case?" "Has anyone been charged yet??"

I just wanted you to know that. There are still lots of folks you've never met, who consider AJ (and you, by extension) family, and will never tire in seeking/desiring justice.

Same here!
We've been completely on AJ's side and think of her as "our girl" and we love her!
And we're on your side, too!
This will get figured out, legally. And it won't make it right, or bring her back. But, please know you have a support team to help with what we can.
I love her. Others here love her.
There's no past tense when it comes to love.

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[jnblsm]

No. LE would gladly take the phone you volunteered, but, they would still get a search warrant.
LE would not trust that you didn't erase/delete texts, call logs, or other information from the phone before giving it over.

You can not get "pings" off of someone's cell phone. You have to subpoena cell phone companies for the tower data records/pings and compare to the cell phone records. I remember in another case they said even then they could only get "areas" and not specific places of the pings.

Is this what you mean?

Thank you for saying what I wanted to say.
I'm not sure about the law, but what you posted makes sense.
LE should be able to use what they've been given.

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[jnblsm]

Not only pings, but call history, etc... So you're saying that - just because there is a warrant for someone's phone, doesn't mean they refused to cooperate with police?

Whose cell phone?

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[jnblsm]

Whose cell phone?

Not only pings, but call history, etc... So you're saying that - just because there is a warrant for someone's phone, doesn't mean they refused to cooperate with police?

If someone volunteered their cell, then it would be taken in to evidence and considered voluntarily surrendered. Going before a Judge for a warrant for the same phone would be necessary, no.

If you give your phone, that is considered consent = no warrant.


The most frequent way police are able to search is by asking you for permission. If you say “yes” and consent to the search, then police don’t need a warrant. You can limit the scope of that consent and even revoke or take it back after the officers begin searching, but by then it may be too late.1 That’s why it’s better not consent to a search--police may drop the matter. If not, then they will generally need to get a search warrant to search.https://www.eff.org/issues/know-your-rights

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[jnblsm]

What cell phone ping are we talking about?

Not only pings, but call history, etc... So you're saying that - just because there is a warrant for someone's phone, doesn't mean they refused to cooperate with police?

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[spamelope]

The cops aren't just going to accept someone's printout from the phone company as evidence, anyway. Chain of command etc would necessitate them getting their own copy from the phone company directly. Even if everyone was cooperative. I think it would be the same for the phone- if handed over to the cops, they'd still want to get a warrant to prove they have legal custody of it until the case is over. I'm not a lawyer, but I think that's how that works.

 

[Mountain_Kat]

For instance a cell phone. They don't get a warrant if you give it to them voluntarily. So if there is a warrant for somebody's cell phone, it's because they wouldn't voluntarily give it to police, correct?

Not necessarily. LE commonly obtains a search warrant to avoid any question of illegal search and seizure.