Found Deceased WY - Gabrielle ‘Gabby’ Petito, 22, Grand Teton National Park, 25 Aug 2021 #68

[kittythehare]

This means that GP could be submitted to the clearinghouse based on her age and the fact that there is a missing person report. It doesn't mean, IMO, that based solely on age, LE is now given permission to circumvent the Constitution. The Constitution is not negated by clearinghouse criteria to be added to a list. IMO.

When Can Florida Police Conduct A Search Without A Warrant? | Miami Search Warrant Lawyers

 

[kittythehare]

They were asked to do a welfare check though, right? Not investigate a missing person so I wondered if it still applied. BTW , not trying to be argumentative, just trying to understand all the nuances in play during that call.

Welfare check was generated from a missing person report.

 

[BellaVita]

When Can Florida Police Conduct A Search Without A Warrant? | Miami Search Warrant Lawyers

When Can Florida Police Conduct A Search Without A Warrant? | Miami Search Warrant Lawyers
There's nothing in the link that says LE can override the Constitution based on someone's age. The clearinghouse has certain criteria to put someone's name in a database. The clearinghouse criteria does not override people's rights to be protected from unlawful search. IMO.

 

[Bluebythec]

Welfare check was generated from a missing person report.

Ok, gotcha, so they are allowed to act on an out of state report under that statute.

 

[ringbearer]

JMO.[/QUOTE]

Welfare check was generated from a missing person report.

Idk, I haven't been able to find a single case where LE conducted a warrantless search of a home under the exigent circumstances exception in the course of a missing adult situation. If you do, please post them. Otherwise, I'm going to go with LE getting a warrant in this case because they knew they needed it. jmo

 

[kittythehare]

Ok, gotcha, so they are allowed to act on an out of state report under that statute.

NPPD have been the lead investigators until FBI assumed control. POI is a or was a Florida resident.

 

[NCWatcher]

NPPD have been the lead investigators until FBI assumed control. POI is a or was a Florida resident.

I don't believe BL was a POI at the time of the "welfare check."

JMO

 

[YohanApple]

NPPD are Florida. They were tasked with investigating it.

Just a note. This article says they left from Long Island NY on their trip. Not sure why they left from NY and not FL. Not sure if it matters if they may have temporarily moved to NY in preparation for their trip. Mod - not sure if I am posting this right please advise if I need to do anything different.

22-year-old woman originally from Long Island goes missing while traveling in Wyoming

 

[ctmom]

It doesn't answer my question, though I truly appreciate the answer.

Seems like it needs to be said again: Gabby was not found inside a National Park. I have worked on cases in three national parks (as a consultant) and one national monument. National Parks are different to National Forests, which is why I was asking for an interpretation regarding National Forests.

Four people I knew in high school died in our local National Forest. Two were investigated as murders - by our County Sheriff. In the process of that, a different crime was uncovered (involving a friend of one of the deceased boys). That was prosecuted in Superior Court in our County.

So, I'm well aware that things go down different in National Parks - but the way I read that statute and all the cases I can find of murder in a National Forest (Bridger-Teton in this case) are prosecuted the the relevant State.

Because there are specific laws about weapons and guns in National Parks (that are federal laws), National Park crimes are prosecuted differently (I'm not an expert on that either, and the cases I was involved in had elements that specifically violated NP rules, regulations or laws).

But what about National Forests. Gabby was found in a National Forest. Here's that US (Federal) Code Section again:

//The jurisdiction, both civil and criminal, over persons within national forests shall not be affected or changed by reason of their existence, except so far as the punishment of offenses against the United States therein is concerned; the intent and meaning of this provision being that the State wherein any such national forest is situated shall not, by reason of the establishment thereof, lose its jurisdiction, nor the inhabitants thereof their rights and privileges as citizens, or be absolved from their duties as citizens of the State.//
(Emphasis mine).

It seems to me if a law that is a Federal law (such as banking laws or FAA laws) is broken inside any jurisdiction, the Feds get it. But it also seems to me, from personal experience and from looking at National Forest serial killers such as Gary Hilton (there's a good wikipedia article on him) that such crimes are tried in County Courts. In this case, it would be Teton County that tries the case (IMO).

The alleged crime of BL (related to illegal use of some type of credit or debit card) falls under Federal interstate banking laws and would be Federal regardless of where it happened - but I do believe it happened in the NP. That's all the Feds can do. It's my understanding that this charge is being used to find BL and that the murder charge would have to be filed in Teton County...so for us court-watchers, that's important information.

7 key words:

The State shall not lose its jurisdiction.

 

[BellaVita]

JMO.
Idk, I haven't been able to find a single case where LE conducted a warrantless search of a home under the exigent circumstances exception in the course of a missing adult situation. If you do, please post them. Otherwise, I'm going to go with LE getting a warrant in this case because they knew they needed it. jmo

LE most certainly did need a warrant in this case. I'm sure there are many examples where there were exigent circumstances relating to adults though. Things like gunshots, screaming, banging, visible blood, things seen through windows, etc. There was nothing like that in this case. IMO.

 

[MyBelle]

Would the fact that she was reported as a missing person in NY make a difference? If I understood correctly FL told NP that she had to file it in NY.

JP reported it to NP police on Sept. 10. I think the mother was told she had to report in the state she resides in and that's why both parents reported. jmo

 

[justaparent]

I think perhaps Gabby was too afraid and too emotional to break up with him on the road, since no one else was around. To me, it’s more likely that she was willing to tough it out until they returned and she was closer to family or friends.

It wouldn’t surprise me if he told her he was leaving her when he took the flight back to Florida. It also wouldn’t be surprising if he took her van keys with him, because that’s the kind of guy he seems to be. Controlling and cruel. She might have wanted to be rid of him but perhaps not if it meant she would be stranded a half-continent away from a safety net.

She had known BL for a long time and even though things weren’t good she probably didn’t expect the rage he was capable of.

JMO, MOO etc.

 

[ringbearer]

LE most certainly did need a warrant in this case. I'm sure there are many examples where there were exigent circumstances relating to adults though. Things like gunshots, screaming, banging, visible blood, things seen through windows, etc. There was nothing like that in this case. IMO.

Absolutely. Sorry I wasn't more clear about that. I tend to get wordy

 

[NCWatcher]

Just a note. This article says they left from Long Island NY on their trip. Not sure why they left from NY and not FL. Not sure if it matters if they may have temporarily moved to NY in preparation for their trip. Mod - not sure if I am posting this right please advise if I need to do anything different.

22-year-old woman originally from Long Island goes missing while traveling in Wyoming

They went to NY to attend GP's brother's high school graduation in June. That's all. They didn't "move to NY." It was a family visit

JMO

 

[kittythehare]

Just a note. This article says they left from Long Island NY on their trip. Not sure why they left from NY and not FL. Not sure if it matters if they may have temporarily moved to NY in preparation for their trip. Mod - not sure if I am posting this right please advise if I need to do anything different.

22-year-old woman originally from Long Island goes missing while traveling in Wyoming

The trip to NY was a visit, not their abode.

 

[dacjess]

The disorderly conduct statute is pretty broad. bbm

The 2021 Florida Statutes

Title XLVI
CRIMES Chapter 877
MISCELLANEOUS CRIMES View Entire Chapter
877.03 Breach of the peace; disorderly conduct.—Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 59-325; s. 1147, ch. 71-136; s. 2, ch. 86-174.

Statutes & Constitution :View Statutes : Online Sunshine

With all due respect, I’m not understanding what this has to do with Gabby? The Laundries are not the victims here unless I’m not understanding something? Trying to understand.

 

[karen in New York]

I think perhaps Gabby was too afraid and too emotional to break up with him on the road, since no one else was around. To me, it’s more likely that she was willing to tough it out until they returned and she was closer to family or friends.

It wouldn’t surprise me if he told her he was leaving her when he took the flight back to Florida. It also wouldn’t be surprising if he took her van keys with him, because that’s the kind of guy he seems to be. Controlling and cruel. She might have wanted to be rid of him but perhaps not if it meant she would be stranded a half-continent away from a safety net.

She had known BL for a long time and even though things weren’t good she probably didn’t expect the rage he was capable of.

JMO, MOO etc.

Gabby may have blamed herself for some of BLs bad behavior. She wouldn't be the first young woman to think she could change the man she loved and wanted to make a future with. Perhaps Gabby had a diary or journal that will be released someday. Otherwise her family may never know.

 

[ringbearer]

With all due respect, I’m not understanding what this has to do with Gabby? The Laundries are not the victims here unless I’m not understanding something? Trying to understand.

It's related to the discussion of the people outside the Laundrie's house. Which I am done with for now, at least

 

[Bluebythec]

JP reported it to NP police on Sept. 10. I think the mother was told she had to report in the state she resides in and that's why both parents reported. jmo

Oh, thank you! I didn't realize JP had also filed a report. These threads move so fast and my stupid job interferes with me being able to read as much as I wish I could ! LOL

 

[kittythehare]

I don't believe BL was a POI at the time of the "welfare check."

JMO

We don't know whether he was or not. We don't know how her family discovered the charges on her account amounting to $1000 or more on Aug 30.
If they were joint account holders it is likely they knew by Sept11.