TX - Moriah Wilson, 25, prized cyclist, fatally shot before race, Austin, May 2022 #2

[HoustonGuy]

Close proximity to a crime doesn't give police the right to search you. For example, the US Supreme Court held in Ybarra v. Illinois, 444 U.S. 85 (1979) that police couldn't search all the patrons at a bar where a crime was committed and held that a warrant can not be used to search an unnamed individual unless the warrant mentions that unnamed parties are involved or exigent circumstances are shown to exist.

Interesting - I see your point. I'm not sure the bar analogy is quite analogous to this scenario but the close proximity description does seem to apply to this situation.

I should also mention - the description above seems to apply to bodily/property searches, which is not the case in the scenario we're discussing, they were searching flight logs which intuition tells me is a bit more open ended given the national security implications and that she was labeled as "armed and dangerous".

MOO

 

[RickshawFan]

I don't believe they would've been allowed to do that without evidence that KA had CA's passport in her possession. In the press conference, the US Marshal said that they figured out whose passport she was traveling under after conducting a physical search of that person and discovering their passport was missing. My guess is that they weren't able to search flight records for that individuals name until after the search.

Access to third party records (such as airline tickets) almost always have to be obtained via court order or subpoena, so my best guess is that the USMS weren't able to actually see if the passport had been used until they conducted the physical search and discovered it was missing, at which point they likely obtained a court order from a judge to search for that person's name in flight manifests.

Law Enforcement Access to Third Party Records

A new set of Criminal Justice Standards on Law Enforcement Access to Third Party Records approved by the ABA House of Delegates in February 2012 appears along with commentary in a publication entitled: ABA Standards for Criminal Justice: Law Enforcement Access to Third Party Records, 3d ed. © 2013.

www.americanbar.org

But the scenario sounds very odd. Under what conditions would they searching a person and discovering a passport was missing? Someone at an airport? KA and this person did a swap in the airport? I can't figure out the story line here.

Maybe she stole the passport in the airport?

 

[Hope32]

It's not out of the realm of possibility she was able to obtain a legitimate passport via the black market. She was in NYC after all, which I imagine is one of the predominant spots for those types of activities within the US. I was scrolling twitter earlier and people were mentioning a specific street that was notorious for obtaining these types of things. JMO.

Possibly used a photo of someone she if she had a fake DL for drinking in college or such. I mean it can't be hard to find someone that looks like you and with only having to briefly show your face these days. Also could have had someone make the passport and then she provided a legit photo, but wrong information that matches photo. Many options that would pass I am sure.

 

[RickshawFan]

Very good point. Sort of like cellophone data, they can't go on fishing expeditions.The cell companies requires a warrant for a specific number.

I assumed homeland security had all this info but perhaps they only keep records on non-US citizens entering and leaving the country.

We don't appear to have any indications that KA used the passport of a US citizen.

 

[azure]

If KA used the passport of an unrelated accomplice, I will be very surprised. I didn't think she had the means to flee the country, but finding out that she had likely access to the passport of a very similar-looking close relative changed the equation a bit. I hope that relative (and/or anyone who helped her) is charged to the fullest extent of the law.

One thing I wanted to note about her plans is how incredibly well-traveled Santa Theresa is. In my experience, it's the second most-visited destination in Costa Rica, and all my 'spiritual' friends travel there. When I traveled through the country last year, I only went as far as Tamarindo (the #1 most-traveled destination), because I was driving from San Jose and on a bit of a time crunch. But you can fly into Liberia and be there in 4 hours, it's really not "remote", and certainly not off the beaten path if you're a certain type of person. What a stupid place for KA to set up shop.

 

[ElGato]

BBM
Why would she do this? This statement is a bit confusing, too, with all the names mentioned. Maybe she figured that if the agents were questioning her she was already caught and so she just gave up. But after all the trouble of going on the run and changing her appearance why give up so easily? Or the alias was that of her sister so the last names matched.
That article also has a new (to me at least) picture of KA from behind. I'm surprised by how different her hair is tbh.

This story sort of indicates she was using her sister's passport, that she didn't want to tell LE her passport name, since it was her real last name, connected to that Wanted-$21,000 reward poster.

Just speculating, perhaps local police presented themselves as running a visa check, people often outstay their permitted time. They can't just pick you up for questioning for no reason, but you are supposed to carry your stamped passport or a copy for inspection at any time.

So first, she gave a false name, but then gave her passport name, hoping local LE would just confirm she hadn't outstayed her visa, and would wave her away.

I think local LE were already suspicious of her, but didn't want to arrest the wrong person, or tip her off to escape town.

JMO

 

[Herat]

For what? Felony bad-boyfriend? What conceivably could he be charged with? Not supporting him, just think there’s a lot of misplaced anger toward him on this thread. He may be a creep, but his sins pale considerably when compared to Kaitlin’s.

Felony bad-boyfriend?

HAHAHAHAHAHAHAHAHAHAHA

Imagine the number of prisons we would need for that!

 

[citizen_sleuth]

But the scenario sounds very odd. Under what conditions would they searching a person and discovering a passport was missing? Someone at an airport? KA and this person did a swap in the airport? I can't figure out the story line here.

Maybe she stole the passport in the airport?

The US Marshal said they obtained a search warrant and found the passport was missing. My guess is that using the information about KA’s presence and whereabouts in NY the USMS was able to convince a judge to grant them a search warrant for CA’s property, at which point they likely discovered her passport was missing. After discovering CA’s passport was missing, they likely obtained a second search warrant/court order to obtain flight manifests/TSA logs for any tickets purchased under CA’s passport, which led them to conclude KA was in Costa Rica. MOO.

 

[spangled]

Well. You have a busy day and look what kicks off in the meantime

Interested to hear the next updates, I'm glad she has been caught.

 

[ElGato]

I should also mention - the description above seems to apply to bodily/property searches, which is not the case in the scenario we're discussing, they were searching flight logs which intuition tells me is a bit more open ended given the national security implications and that she was labeled as "armed and dangerous".

MOO

I notice the restrictions on use of that flight log data, that is routinely given to Homeland Security, emphasize it is to investigate suspicion of terrorist activies. I notice she wasn't identified on the Wanted poster as being armed and dangerous. I think privacy regulations required LE to come up with a stronger reason than suspicion, in order to search for the sister's name.

See under 'How is PNR information used'. Passenger Name Record (PNR)

This legislation restricts how Homeland Security can access/use the data they collect, they can't just hand lists out for police to peruse.

JMO

 

[PrairieWind]

The US Marshal said they obtained a search warrant and found the passport was missing. My guess is that using the information about KA’s presence and whereabouts in NY the USMS was able to convince a judge to grant them a search warrant for CA’s property, at which point they likely discovered her passport was missing. After discovering CA’s passport was missing, they likely obtained a second search warrant/court order to obtain flight manifests/TSA logs for any tickets purchased under CA’s passport, which led them to conclude KA was in Costa Rica. MOO.

Im not sure that makes sense to me. The Marshals were aware of KA in NY and visiting her sister a month ago. it wasn't until this week that they learned of this passport usage. They would have been able to get a search warrant within hours if they wanted.

 

[citizen_sleuth]

I notice the restrictions on use of that flight log data that is routinely given to Homeland Security emphasize it is to investigate suspicion of terrorist activies. I notice she wasn't identified on the Wanted poster as being armed and dangerous. I think privacy regulations required LE to come up with a stronger reason than suspicion, in order to search for the sister's name.

See under 'How is PNR information used'. Passenger Name Record (PNR)

This legislation restricts how Homeland Security can access/use the data they collect, they don't just hand lists out for police to peruse.

JMO

This is my understanding as well. Since KA has been captured alive, I’m sure all of this information will eventually be revealed at trial. My educated guess is that the USMS executed two search warrants: the first of CA’s property to see if she had her passport in her possession and a second warrant for a search of the PNR list for CA’s name and destination. MOO.

 

[Sundog]

This is my understanding as well. Since KA has been captured alive, I’m sure all of this information will eventually be revealed at trial. My educated guess is that the USMS executed two search warrants: the first of CA’s property to see if she had her passport in her possession and a second warrant for a search of the PNR list for CA’s name and destination. MOO.

I wonder what would be the basis of LE to get a search warrant for CA's possessions, and what they said they were specifically looking for when they applied for the warrant. If they were looking for CA's passport, wouldn't they have had to have good reason to think that CA gave it to KA?

 

[citizen_sleuth]

Im not sure that makes sense to me. The Marshals were aware of KA in NY and visiting her sister a month ago. it wasn't until this week that they learned of this passport usage. They would have been able to get a search warrant within hours if they wanted.

Unlike in TV shows, these warrants take time, especially when they are trying to search the property of a third party. They likely had to obtain proof (perhaps via KA’s cellphone data or eyewitnesses) that KA spent time with CA before she was dropped off at Newark before they could get a warrant to search CA’s property. Then, after discovering the passport was missing, they would likely have had to draft up a second warrant for the PNR information. Because KA also fled through multiple jurisdictions within the US (TX, NY, NJ) there were likely additional hurdles the USMS had to jump through to obtain these warrants.

 

[JerseyWasHome2]

Given what we know about her New York connection, and the statement from the guy who claimed he had seen KA at the Haven right before everything blew up, and given the short period of time that she was actually in NY, the most obvious conclusion, and the one that I am sticking to until I see facts to dispute it, I feel comfortable that the passport she used of someone who looked very similar to her, belongs to her sister. I would not rule out more charges in this case, though I think probably the threat of more charges will serve LE better than actually pursuing them.

I admit I am surprised that KA cut and colored her hair. I think her hair was her crown, and it surely must have hurt her to cut it. I would have thought she would probably cover it with hats or a wig. And if she undeed had plastic surgery, it seems likely it was no more than a nose job, hence the band-aid that she got from the "surfing accident".

Finally, of all the smooth moves she made that allowed her to escape to Costa Rica and stay on the lam for some 50ish days, did she really get so complacent as to think she actually HAD gotten away with it, and felt comfortable enough to start living life using the alias she traveled under? Wow! That log-in at the yoga studio may have been the slip-up that nailed her. JMO

If that nose bandage was caused by plastic surgery and not a surf board incident, wonder what that cost her out of her precious dwindling dollars?

Agree. Cannot imagine signing in as she did.

 

[HoustonGuy]

I notice the restrictions on use of that flight log data, that is routinely given to Homeland Security, emphasize it is to investigate suspicion of terrorist activies. I notice she wasn't identified on the Wanted poster as being armed and dangerous. I think privacy regulations required LE to come up with a stronger reason than suspicion, in order to search for the sister's name.

See under 'How is PNR information used'. Passenger Name Record (PNR)

This legislation restricts how Homeland Security can access/use the data they collect, they can't just hand lists out for police to peruse.

JMO

Understood and i wasn't suggesting they were giving out "Lists to peruse" - more so running a query for Last name = Armstrong.

The US Marshal said they obtained a search warrant and found the passport was missing. My guess is that using the information about KA’s presence and whereabouts in NY the USMS was able to convince a judge to grant them a search warrant for CA’s property, at which point they likely discovered her passport was missing. After discovering CA’s passport was missing, they likely obtained a second search warrant/court order to obtain flight manifests/TSA logs for any tickets purchased under CA’s passport, which led them to conclude KA was in Costa Rica. MOO.

From the link you shared previously, proximity to a crime isn't enough to issue a search warrant? or did i misread?

Also I'm not calling your knowledge into question you seem quite well read! I'm just trying to work out the chain of events and the possibility that perhaps she did not use her sisters passport.

 

[Spider92]

Been busy all day with some quarter-end reporting. Did I miss anything?

 

[WingsOverTX]

If that nose bandage was caused by plastic surgery and not a surf board incident, wonder what that cost her out of her precious dwindling dollars?

Agree. Cannot imagine signing in as she did.

I can't imagine ruining a perfectly perfect nose! I mean, really?

Colored contacts, lip fillers, cheek enhancements, sure. But rhinoplasty?

Ok, back to reading more great sleuthing posts ...

Just my (very puzzled) opinion.

 

[citizen_sleuth]

If that nose bandage was caused by plastic surgery and not a surf board incident, wonder what that cost her out of her precious dwindling dollars?

Agree. Cannot imagine signing in as she did.

Maybe she graduated from Botox-and-run to nose job-and-run LOL

 

[cujenn81]

Caught!

https://twitter.com/x/status/1542537656571203586

What a relief!