Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #40

New Posts

Status
Not open for further replies.
As per the WS YouTube Live today, @Tricia was texting with someone from the media (who remained anonymous) who confirmed the news and did not get the news from the DM. 15:00 onwards.

ETA for context, it doesn’t sound like DM has jumped the gun this time. JMO.

 
skystarr said:
Like so very many here, I am praying for the answers and for AM, his family, BM's family, the girls and yes - I am praying for BM. Whatever the truth is here - only the truth can set you free. A serious question is .... if the pups hit at a certain area on a piece of property owned by BM - would they have needed a search warrant for that piece of property first ? BM gave it for Puma Path. But we do not know the details for any other piece of property. My heart is so very sad.
Click to expand...
I would think LE would definitely seek a search warrant first. The two dogs alerting on the property should be enough probable cause. According to the PE guys, it can be done quickly telephonically. A senator also offered to help with that, reportedly. I'm not sure it would really happen in one day, though.
 
GordianKnot said:
This announcement really is what's to be expected at this stage in the proceedings.

Every word of that announcement by the CCSO is factually correct.
They're parsing their words.
They need to do that.

People need to take a breath.

The CCSO can hardly come out now and say, "We're working on securing warrants for BM's property because we have evidence to suggest that SM may be buried on the premises."

That isn't how it works.

There are legal ramifications to everything LE says right now.

A defense attorney would have a veritable field day if LE gave him/her any opportunity to play the "rush to judgment" card.

They're being circumspect.
They're choosing their words to the public carefully, and with very good reason.

Focus on the "handful of potential leads" and the "following up on" bits.
The public to read between the lines, because LE can't spell it out in black and white yet.

I've said it 1,000 times, at least:
Don't listen to what LE says.
Watch what they do.

Their actions are going to tell us what we need to know.
There's no reason to accuse them of having bruised egos.

I think LE's actually probably feeling pretty good right about now.

JMO.
Click to expand...
I agree with all of this.

However, if dogs found the scent of human remains on BM’s property, and LE has had 24 hours to get a SW, why hasn’t it been executed? That’s my question I guess.
 
crhedBngr said:
I hope BM isn't thinking of suicide right now . . .

JMVHO.
Click to expand...

Would he try running first? He’s probably got a plan and a bug out bag packed and ready. Surely LE has him under surveillance and will be checking all vehicles leaving the house or his condo. I wonder where he is right this minute. Would love to be a fly on the wall...
 
Diddian said:
I say spontaneously combust. He will be that angry.
Click to expand...
The best part of the whole thing for me, is I just know that after letting AM and the dogs search the property yesterday, he was probably walking around feeling great his publicity stunt, convinced no one would figure out his master plan.... and today hes probable enraged or scared as hell that his secret land purchase was discovered.
 
Tricia says yesterday they were waiting on warrants, so the searching today was likely legal,
fingers crossed
FBI is taking over, currently there and going to dig.
waiting for photos with tents up!

according to her source that is not associated with, or quoting DM
 
A logistical question here:

Now that BM has relocated to an incorporated area, where is the business based? I’m not sure a residential condo lot could accommodate all the tools of the landscaping trade.

Follow-up question: is this a word-of-mouth service only? Or did the Morphews advertise their company in local or regional papers?
 
SeattleStew said:
Why in the world would someone buy land to live across the street from the gravel yard, and near the end of the local airport?

What am I missing? Was this just land to grow trees and whatnot for his business?
Click to expand...

Not on a two acre lot in a housing sub-division!

I'm interested in the plant located close to the lot. Do they sell sand there or just gravel? What road is it on?
 
steeltowngirl said:
If they did find Suzanne’s body, would it matter legally how it was found? I’m hoping you mean people might be fined for trespassing, but the FINDINGS would still be in play legally for prosecution of Suzanne’s murder. But I don’t know? Yikes!
Click to expand...

It really depends on which property one is discussing.

I. Property owned by Barry

If -- as reported by the Daily Mail ** -- the dogs "hit" on something in/on Barry's property, then that fact (the "hit") may be used in a probable cause affidavit to attempt to obtain a warrant.* The purpose of the exclusionary rule (suppressing evidence) is to "punish" the government for unlawful actions. For example, if an officer who goes into a home without a warrant, conducts a search, and finds cocaine, the cocaine could be excluded from evidence because the government agent (the officer) committed an unlawful act (a search without a warrant). Here, however, it can be argued that the police did nothing wrong: the volunteers did. The "punishment" of exclusion would serve no purpose, since the police's actions were not unlawful.

However, if the defense can connect the police to the volunteers, then the volunteers may be considered agents of the police. This would mean that the government did violate the law: it caused its agents to search Barry's property without a warrant. Because there was no warrant, the search would be presumed to be unlawful.


II. Property not owned by Barry

This search is less of a problem. Barry has no expectation of privacy in a property owned by another person, so it's doubtful that he can attempt to have any evidence obtained there excluded. A person can only challenge a search as unreasonable if he has "standing," which is a reasonable expectation of privacy in the place that is searched.

Note that even if any evidence obtained due to these searches is admitted, the defense can still argue that the evidence was planted, especially if the property was already searched by investigators at a prior time and nothing was found.

* I have no idea if -- in Colorado -- a "hit" from a cadaver dog, in and of itself, would provide probable cause for a warrant. I also do not know whether police would have to include any information about the cadaver dog's training and experience in the affidavit.

** The Daily Mail's track record with regard to accuracy is not spotless, so this exercise may be academic only.
 
Status
Not open for further replies.

DNASolves

Who is Escambia County John Doe (1989)?

Members online

... and 180 more.
Total: 4,320 (members: 181, guests: 4,139)

Online statistics

Members online
181
Guests online
4,139
Total visitors
4,320
Totals may include hidden visitors.

Forum statistics

Threads
592,478
Messages
17,969,458
Members
228,781
Latest member
ChasF419
Back
Top