Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #84

[Topppps]

No it does not.

For the last time Carloss ONLY applies to police.

Implied license is NOT what you think it is. It refers to implied license as defined in Florida v. Jardines which again, is all about police.



https://www.washingtonpost.com/news...he-fourth-amendment-and-no-trespassing-signs/

Courts use other opinions from supreme court opinions all the time. The basis opinion of Carloss is that regular citizens are allowed to approach a home, so the police must be too.

 

[Whitneyh]

It’s pretty suspect these events of Bonnie and Clyde here. She calls the tip line about suspicious vehicles in the area, she possibly deletes information in her phone that Bm may have had a second phone..real serendipity, just saying my opinion only

 

[Hazelnutty]

I waited patiently on a package from Fedex some weeks ago. It never came but I saw a Fedex driver place a package on my neighbors porch who lives across the street from me. That neighbor works during the day. I did NOT go look at the package or try to retrieve it. I waited until my neighbor came home and he actually walked it over to me. Point is, it didn't occur to me to "take" the package off his porch. People have cameras and it would have looked like i was stealing. Neither Barry nor his girlfriend live there and there was NO REASON to take the package without contacting the owner first. They knew what they were doing was wrong.

Thing is, Barry never thought the new owner had cameras watching.

I recently had a pkg delivered to me at my home (zero No Trespassing signs). The delivery guy left the pkg on my patio under a chair--- He didn't knock, I just happened to see him walking away .

By the time I put on my shoes, leashed my dog & opened the door a man and woman (complete strangers)were standing on my patio , the man holding the package. They were as shocked to see me as I was them. The man said he was just checking to make sure the packaged wasn't his as he was missing a pkg. He said, nope, not mine & handed me my package and they walked away.

I couldn't think of a thing to say to him. I was so shocked by this behavior . They didn't knock, they didn't apologize or even acknowledge what they did was wrong.

After some thought, I didn't report them. Chalked it up to lack of manners, IQ, common sense & a few other things not ready for WS comments. I caught the driver the next day on my street & told him what was up. He now gives me a couple of knocks with deliveries.

If I'd had a no trespassing sign at this time I would have reported them to LE thru non emergency phone call.

 

[Hazelnutty]

That harmless disabled woman isn't at all harmless. That's all I can say.

I agree.

 

[Teche]

I did not realize this. Very interesting. For instance in the Chris Watts case the dogs wouldn't have been much help I supposed since he killed Shannan and got rid of her in under 6 hours. So a dog wouldn't have picked up the scent from the house or the truck used to take her to the burial site, am I understanding this correctly?

Thank you for this info, I have wondered and when I googled it the responses vary so I didn't know. Oh and you are right, it totally doesn't make sense.

We have a couple of SAR volunteers on the forum. Hopefully, they can chime in.

 

[Teche]

Attached is a photo from the AA. This is why it isn’t petty.
Affidavit: Woman linked to Barry Morphew arrested after allegedly trespassing on former Morphew property

Does anyone know who’s the owner of the package?
Is the girlfriend a nurse and a housekeeper?

 

[Hazelnutty]

Who is to say SD or one of BM’s friends hasn’t done this before? Maybe the first time they were given a warning and came back again?

We don’t know.

JMO

Yes! True.

Also, wasn't SD spotted there both Sunday & Monday?

JMO

***Unable to locate original post where this was stated. Sorry!

 

[Cindizzi]

Does anyone know who’s the owner of the package?
Is the girlfriend a nurse and a housekeeper?

We don’t know anything about the package. Perhaps when she goes to Court on 10/13 we will hear. The homeowner did not press charges of theft so idk.
There was an article about SD saying she joined the Military to pay for Nursing school but don’t know if she pursued it or not.
In BARRY’S Arrest affidavit page 123/129. She told LE in December 2020 that she met him because she cleaned his neighbors house.
https://www.courts.state.co.us/user.../21CR78/21cr78 Morphew Redacted Affidavit.pdf

 

[CGray123]

"Gorsuch's dissent" code for losers opinion, he lost end of story.

She has constitutional right to be on the property, Carloss says any citizen has the right to approach a home.

As far as she will plead guilty I personally would not.

This was an Oklahoma case, and property law including trespass is state law. On that grounds alone the language doesn't apply to SD. Again, the case decided only that Carloss's Constitutional right to be free of unreasonable searches and seizures on his property was not violated by police who knocked on his door even though he had posted a no trespassing sign. SD was not in a position similar to Carloss and the rule of the case does not apply to her.

Last I checked the SCOTUS can overrule any US Circuit decision, and so Gorsuch's dissent has more potential clout if a case with the same issue comes up. That's all I was suggesting.

 

[Knox]

Early on we learned about Suzanne and Barry on a walk, Wednesday prior.

Where they encountered a different cleaning lady at a dumpster with 6 or 7 trash bags? I'm going to need some help here. I think we determined that dumpster location to be at the cul de sac. Anyone else remember that?

(Wait! What? Did Barry take offense to someone using a dumpster without permission?)

So... in May, we were a couple minutes into the dumpster fire that was 2020, lockdowns everywhere....

Which house had been rented? One on the cul de sac presumably? Hmmm... interesting....

So.... was a cleaning lady cleaning a property that had been rented several months earlier and the homeowner who rented it out thought it made wise, olfactory sense to leave whatever renters left to ferment for a couple of months,, all nice and good, before having it turned and ready? Or had someone, in fact, been staying there? Main home, guest house, either, both?

Could one or the other of the parties currently living there have been staying there in May of 2020? Maybe no calls, no cars passing that way but some jogging up familiar driveways.

Truck doors seemingly opening in tandem takes on new meaning.

Now a tip about a strange car becomes especially interesting... in light of the the timelime that feels suddenly very wiggly.

If one party has cleaned for the new property since 2018, I can't help but wonder if Barry tried to insert said party into his home, post 2018, in the form of a cleaning lady for Suzanne?

Have to ask, we had it in college, the beaten path between the male and female dorms, made that way by the morning-after walk of shame.

Might there be a wornout walk between these two properties?

Is there something to this?

JMOandgutreaction

Remember the male bike rider witness, who early on said there was a strange car in the neighborhood the day Suzanne was reported missing? Interesting that SD said the same thing and can be connected to the other witness in a past relationship. I'm picking up what you're laying down ...

 

[MassGuy]

Remember the male bike rider witness, who early on said there was a strange car in the neighborhood the day Suzanne was reported missing? Interesting that SD said the same thing and can be connected to the other witness in a past relationship. I'm picking up what you're laying down ...

I think it's clear they were trying to obstruct the investigation. Proving it is another matter however, so unfortunately, nothing is likely to come of it.

 

[Love Never Fails]

Yes! True.

Also, wasn't Shoshona spotted there both Sunday & Monday?

JMO

***Unable to locate original post where this was stated. Sorry!

Yes she was. Captured on homeowner cameras.

 

[sk716]

Interesting - so he could have gone a couple miles, north or south, between Monarch and 285 and not been filmed and those areas probably haven't been searched.

Exactly. Several of us believe he took her up the eastern spur of Pahlone Peak right behind the PP home.

 

[Whitneyh]

I think we can speculate that package was obviously for BM, the contents of the package are less important than the simple fact BM girlfriend was on the puma path property point blank. I can imagine his lawyers are real impressed right now

 

[sk716]

Courts use other opinions from supreme court opinions all the time. The basis opinion of Carloss is that regular citizens are allowed to approach a home, so the police must be too.

Are you being deliberately obtuse?

No. It. Does. Not.

 

[mom2chloe]

I think we can speculate that package was obviously for BM, the contents of the package are less important than the simple fact BM girlfriend was on the puma path property point blank. I can imagine his lawyers are real impressed right now

I bet those lawyer Ladies are livid today. IMO Good luck controlling your client who had undoubtedly just done exactly what they didn’t want him to do. Does Barry realize they don’t have to continue representing him? He is such a piece of work.

 

[CGray123]

Trying to get answers on Colorado law as to when a person is considered "licensed" to enter property under the criminal trespass statute prohibiting "unlawful" entry. It seems to me clear that posting no trespassing signs at the entrance to a property has the legal effect of nullifying any common law license or privilege to enter. BBM.

Here's a standard jury instruction designed for such charges that may be helpful.

F:126 ENTERS UNLAWFULLY OR REMAINS UNLAWFULLY

"A person “enters unlawfully” or “remains unlawfully” in or upon premises when the person is not licensed, invited, or otherwise privileged to do so. A person who, regardless of his [her] intent, enters or remains in or upon premises that are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to him [her] by the owner of the premises or some other authorized person. A license or privilege to enter or remain in a building that is only partly open to the public is not a license or privilege to enter or remain in that part of the building that is not open to the public.

COMMENT

.....

2. When relevant, the above definition should be modified to include an explanation of the following principle, which is also set forth in section 18- 4-201(3):

Except as is otherwise provided in section 33-6-116(1), C.R.S., [relating to hunting, fishing, and trapping,] a person who enters or remains upon unimproved and apparently unused land that is neither fenced nor otherwise enclosed in a manner designed to exclude intruders does so with license and privilege unless... notice forbidding entry is given by posting with signs at intervals of not more than four hundred forty yards or, if there is a readily identifiable entrance to the land, by posting with signs at such entrance to the private land or the forbidden part of the land. ...."

Bumping this up only to add that the Colorado rule allowing a landowner to cancel any license or privilege to enter by posting a notice would produce a different result from Jardine and Carloss for LE who entered such a property without a warrant. If LE are like other citizens in this regard, in Colorado they are forbidden to enter without a warrant.

 

[CGray123]

I suspect that behind the scenes, warrants have been issued for SD's phone records and for all Fed Ex records pertaining to the package delivered September 27, 2021 and picked up an hour later by SD. Speculating there are other shoes to drop, and maybe a hammer.

 

[WellThen]

a "friend" who murdered his wife and went on a Romanic vaalentines trip with her about 8 months after the murder. Oh and don't forget the call in to police to report suspicious vehicle pon the date of Suzanne's "Disappearance". There is nothing innocent about any of this. MOO

Yes. My takeaway from the SD trespassing incident is big picture...this is yet more proof that SD has a close and continuing relationship with Barry, much more so than either have admitted. And she is willing to (repeatedly?) do all kinds of things for Barry. (What else is she willing to do?!) Every lie LE can expose about their relationship will help the prosecution. I'm not so focused on the pages long debates about who ordered the delivered item, what was in the box, whether it's ok to go pick it up, etc. Big picture: She broke the law and was arrested. And she was likely directed by Barry, or he is somehow involved.

just my opinion.

 

[Ontario Mom]

Yes. My takeaway from the SD trespassing incident is big picture...this is yet more proof that SD has a close and continuing relationship with Barry, much more so than either have admitted. And she is willing to (repeatedly?) do all kinds of things for Barry. (What else is she willing to do?!) Every lie LE can expose about their relationship will help the prosecution. I'm not so focused on the pages long debates about who ordered the delivered item, what was in the box, whether it's ok to go pick it up, etc. Big picture: She broke the law and was arrested. And she was likely directed by Barry, or he is somehow involved.

just my opinion.

Well said.
I agree completely.
With all of it.

Good job, Barry.