Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #4

[Seattle1]

I'm not sure that's accurate for missing persons cases. I would want a lawyer to weigh in. @Gitana, where are you?

The probable cause is "there's someone missing from the house." That's all that is needed. It doesn't take blood. In fact, police should not go into a house without permission of one of the owners/occupants. They don't want to find evidence (blood) and then have it thrown out of court. So, before they go in, they get a warrant (sealed). Most judges in the US will give LE a general kind of search warrant if a person is missing. The amount of time the person has to be missing varies - but in a case like this, with a full fledged search happening on May 10, I assume LE contacted a judge on the 11.

You don't need anything more than a missing person and a judge who knows missing persons cases.

The judge may still ask questions (very common). The judge probably took until Tuesday to decide, and then it had to be filed. Then police had to decide who was going out and which experts they wanted.

Do we know which day the search happened? If someone has a lawyer and an interest in contesting the warrant, that could delay things.

^^bbm

WS members are most fortunate to have a new verified attorney @Chomsky that's been active here and provided guidance on similar questions earlier in this thread.

Specific to a search warrant for missing person case, take note that it's not a crime to go missing.

It's my understanding here that probable cause must relate to an alleged crime or criminal activity.

There would first have to be credible information that the person is not voluntarily missing, where they're missing against their will and/or under the influence of a third party (e.g., abduction, murdered victim).

It seems to me that we have a good grasp of the four requirements for a valid search warrant as itemized below but fall short on truly understanding how probable cause is established - especially in relation to a search.

A valid search warrant must meet four requirements:

(1) the warrant must be filed in good faith by a law enforcement officer;
(2) the warrant must be based on reliable information showing probable cause to search;
(3) the warrant must be issued by a neutral and detached magistrate; and
(4) the warrant must state specifically the place to be searched and the items to be seized.

@Chomsky - can you perhaps help us marry these two legal concepts of how to establish probable cause to satisfy the requirement in a valid search warrant. Thanks again for your courtesy.

https://www.justia.com/criminal/docs/search-seizure-faq/

 

[dixiegirl1035]

I just meant it would be nice to hear from someone on her side of the family.
What kind of person she is, what her hobbies are, plans for the future, things that matter to her, that sort of thing.
It's always good to hear from those closest to the person, but so far we've heard from Barry's nephew that seems to have issues with how the Sheriff is handling things, and Barry's uncle that doesn't really seem to know much about Suzanne's day to day life.
No one from her family at all.

jmo

it is unusual IMO - I've followed many cases and don't recall this before - usually there is a united front with LE begging for the safe return or even information about the missing family member. We don't even know what she was wearing....
IMO

Yes, it would send a message to many if there was a blood related family member of hers (a la Cheryl Berreth in the Patrick Frazee case) that would get up with LE in a presser... and others were conspicuously absent from said presser.

ETA: Added "Patrick Frazee case" for those new to threads in case they don't know who Cheryl Berreth is)

 

[Ray_of_hope]

"DailyMail.com has learned it was her daughters Mallory and Macy who first raised the alarm after they were unable to get hold of her on Mother’s Day

• They asked neighbor Jeanne Ritter, 70, to check on Suzanne when they couldn’t get hold of her and it was Ritter who later called the police to report her missing"

Police search and carry out evidence bags from the $1.5M home of missing Colorado mom | Daily Mail Online

 

[Fireflize]

my 1st post..
but current topic thread is what continues to appeal to me re this case from day 1
Feels like the bicycle was used by perp to create a false timeline
Perhaps actual missing day could have been days before
I don’t recall who was last to see her
Not even sure SM and BM even reside at same home

Welcome to Websleuths and yes, yes, yes, yes

 

[Rosiebones]

^^bbm

WS members are most fortunate to have a new verified attorney @Chomsky that's been active here and provided guidance on similar questions earlier in this thread.

Specific to a search warrant for missing person case, take note that it's not a crime to go missing.

It's my understanding here that probable cause must relate to an alleged crime or criminal activity.

There would first have to be credible information that the person is not voluntarily missing, where they're missing against their will and/or under the influence of a third party (e.g., abduction, murdered victim).

It seems to me that we have a good grasp on the four requirements for a valid search warrant as itemized below but fall short on truly understanding how probable cause is established - especially in relation to a search.

A valid search warrant must meet four requirements:

(1) the warrant must be filed in good faith by a law enforcement officer;
(2) the warrant must be based on reliable information showing probable cause to search;
(3) the warrant must be issued by a neutral and detached magistrate; and
(4) the warrant must state specifically the place to be searched and the items to be seized.

@Chomsky - can you perhaps help us marry these two legal concepts of how to establish probable cause to satisfy the requirement in a valid search warrant. Thanks again for your courtesy.

https://www.justia.com/criminal/docs/search-seizure-faq/

How does LE go about satisfying #4. If they haven't been in the place or have seen anything in there how can they be specific as to where they want to look and what they may want to remove. What do they do if when they get in there, they see something not listed in the warrant but is obviously of importance? Thank you.

 

[Tippy Lynn]

Why aren't we seeing a description for SM or missing person flyers/posters with her description with info on her disappearance? I just searched her name on NAMUS and she's still not listed there either. I don't get it. It doesn't add up.

Heartbreaking......all of it.

 

[Wowno17]

No link, but if LE hasn't verified this, something is wrong. I would think that would be the first thing they did. I believe the husband is a good guy.

I'm with you, I just don't think the husband has hurt her.

Even as the days are passing and it's starting to point more in his direction (removal of evidence from the house, not being allowed in the house etc.) I still believe he is sincere.

I hope we are right...but then what has happened?

MOO

 

[Stormy415]

I am praying today is the day we find Suzanne.

 

[IceIce9]

Why aren't we seeing a description for SM or missing person flyers/posters with her description with info on her disappearance? I just searched her name on NAMUS and she's still not listed there either. I don't get it. It doesn't add up.

Heartbreaking......all of it.

Because LE is pretty sure what happened? Just speculating. MOO JMO

 

[Knox]

I wonder if the daughters asked him to make an appeal, and thats why he didnt seem very interested, I’d have written down everything I wanted to say so I didnt miss anything plus I’d be using msm to get the most coverage.

I'm not sure I would write everything down, really no need. It's a simple message to convey, notes aren't necessary.

BM's message to Suzanne was framed in the context someone has taken her and money can get her back ("however much they want"). Validating the $100,000 reward he put up on day 2. We're on day 11, so far the reward which was doubled to $200,000, hasn't brought Suzanne home.

Like the bike ride story, pointing to an abduction away from her home. The kidnap/reward theory almost smacks of a red herring, IMO.

One thing not said in that plea, that struck me as odd. Never said we're searching for you.

 

[IceIce9]

When was the last time anyone spoke to Suzanne? Who was the last person to actually see her?

 

[Hatfield]

Yes, it would send a message to many if there was a blood related family member of hers (a la Cheryl Berreth) that would get up with LE in a presser... and others were conspicuously absent from said presser.

That is a good example of a press conference where we wondered why a certain person was not present at the press conference.

Another thing that is similar IMO is how LE searched Kelsey Berreth's place. It was a number of days before they searched it thoroughly enough. They even went back and searched it again after they uncovered new evidence from someone else that helped them to know what to look for.

It would be interesting to be able to see the search warrant in this case to see what items (if any) they listed as things they were looking for. I believe the search warrant itself is sealed from the public.

 

[Tippy Lynn]

Because LE is pretty sure what happened? Just speculating. MOO JMO

They must know. I think we'll be hearing more by the end of the week, maybe even an arrest.
jmo

 

[NervousNellie]

I would like to know if the daughters frequently went camping together? Or was this the first time? Whose idea was the camping trip? What day did they leave? How long had the trip been planned?

When was the last time anyone spoke to Suzanne? Who was the last person to actually see her?

I don't know the answers to any of your questions, and I don't think that information has been released by LE or MSM (not helpful, I know; sorry!), but the BBM would be considered sleuthing Suzanne's daughters, which is against TOS.
Edited to add more information I should have included the first time.

 

[Mauig’ma]

I don’t think the husband had anything to do with her disappearance. I believe what the neighbor said seeing her on her bike and not returning. My opinion is that someone had been watching her and jumped at the opportunity. I don’t think the perp knew if the other family members were away or not. Moo

 

[PommyMommy]

EK on Twitter
We'll have more on this later today on Crime Stories #SuzanneMorphew
7:46 AM - 21 May 2020

MAY 21, 2020
Police confirm sealed search warrant for home of missing Colorado mom Suzanne Morphew
Police in Colorado have confirmed that investigators have obtained a sealed search warrant for the home of missing woman Suzanne Morphew, who disappeared from her Maysville home on May 10.

As CrimeOnline previously reported, there have been conflicting reports about a possible search of Morphew’s home, but authorities have declined to comment on a report published by the Daily Mail on Wednesday showing photos of investigators and a Crime Scene Investigation van that were reportedly taken at or near the remote central Colorado home. The Daily Mail report came just hours after a Chaffee County Sherrif Public Information Officer clarified a local report claiming that authorities were searching the home on Tuesday, telling another area reporter that the home was not being searched at the time.

[...]

 

[Birmingplumb]

They "track" burner phones on TV and catch bad guys> Can somebody still use a burner phone to "hide stuff" and get where abouts tracked in real life?

 

[dixiegirl1035]

I don’t think the husband had anything to do with her disappearance. I believe what the neighbor said seeing her on her bike and not returning. My opinion is that someone had been watching her and jumped at the opportunity. I don’t think the perp knew if the other family members were away or not. Moo

Haven't followed this case since beginning and trying to catch up. Did the neighbor say "I saw she went on a bike ride" (could have been from seeing a note on SM or a text) or did she say "I saw her when she left to go on a bike ride"? Is there a link for such comment that is an actual quote vs. a journalist who may not have realized the difference in the meanings of those two statements and misquoted?

ETA: Per Nancy Grace..at 5:45 at thttps://www.crimeonline.com/podcast/ "She goes on a bike ride on Mother's Day in the afternoon. She's reported missing by neighbors at 6 pm. I believe husband is 150 miles away in Denver on Mother's Day, but hey! that's just 3 hours if you are going 60 mph and you stop once to go to the bathroom. So, Nicole Partin, with that in mind, tell me what you know.

Yes Nancy, 49 year old mom missing, and apparently it's her next door neighbor that alerts authorities. She sees her and knows that she is headed out on the bike................."

 

[Sarahlou]

I don’t think the husband had anything to do with her disappearance. I believe what the neighbor said seeing her on her bike and not returning. My opinion is that someone had been watching her and jumped at the opportunity. I don’t think the perp knew if the other family members were away or not. Moo

It's not confirmed the neighbour actually saw her that day is it?

 

[Vresia]

Iu

Maybe I’m just obtuse, but what’s the purpose of having cameras if they don’t record?

I live in Massachusetts and have been told that these cameras are meant to provide realtime info on traffic and road conditions.