Post by Deleted on Dec 23, 2019 22:02:30 GMT
Dec 22, 2019 15:24:55 GMT @bribri said:
I did read the search warrant ( josephdeangelo.files.wordpress.com/2018/06/joseph-deangelo-redacted-search-warrant-final.pdf ) and I noticed that it was signed between 6:37 and 6:40 which is later than CBK logging in his final time. Would the arresting officers really take it upon themselves to search only one of CBK's monikers at the time of arrest without going thru the proper channels? Such a high profile case and all.
If the arresting officers did do the search and log in pre-warrant, that would explain why the towel was still covering the monitor (which Holes mentions also when he went in the house, but I don't think he was there for the arrest), as they were probably trying to make it look undisturbed.
The way I understand it, though (as a layperson without legal expertise), is that a search warrant isn't required if the search is pursuant to an arrest. You see that type of thing all the time -- an officer arrests someone for being intoxicated and can immediately search through their pockets looking for drugs based on the arrest and suspicion. No search warrant needed in those cases. That being said, law enforcement may have thought the best course of action in this case was to go through the proper channels and to document such a complex search of a high profile suspect's entire home with a warrant to cover all basis that evidence introduced during the trial wasn't found to be unlawfully seized. Or, they may have had the warrant in place in the way far off chance that charges weren't ultimately brought against JJD, in order to protect what they learn from searching the scene to help build a case at a later date.
All of that doesn't mean that officers weren't necessarily on JJD's property looking through his belongings in that first hour after his arrest without the warrant being signed. I believe the probable cause of the arrest may have been enough to start the search, but officers may not have officially seized anything until the warrant was in place after 6:40PM. Who knows -- this is definitely stuff I'm not very informed about and only speculating.
There's also the possibility that JJD's family let the property be searched and that they were cooperating with police immediately after the arrest. Again, I could be wrong, but I don't remember hearing anything that indicated that wasn't the case.
I tried looking up what the law is regarding searching a person's house. I came up with this case from California that went to the supreme court: en.wikipedia.org/wiki/Chimel_v._California (basically a dumb crime, not anywhere on the level as the EARONS, that went to the supreme court and further restricted police searches), and since the police made the decision to arrest him outside I wonder if this might help the defense if the police did, in fact, search his house pre-warrant. The prosecution already has the problem of collecting DNA from Gedmatch and how legal that was (I'm afraid the lawyers are gonna take this one to the end), to add searching the house pre-warrant would be more complications for the prosecution that I would imagine the arresting officers would love to not have pinned on them.
I personally don't think they would do that because of how important this case is to America, but, who took the roast out of the oven? Also, your idea about his daughter or granddaughter letting the police in is something I haven't researched yet. I just would find it odd that the police wouldn't play this out by the book and let the warrant, and the team that executes the warrant, do the job they needed to do (like forensic extraction of computer data).
edit to add: also, you might have been right about the time of arrest and not trusting the reporters as I found this page that seems to be pretty much obsessed with JJD's trial:
goldenstatekillertrial.com/arrest/http://goldenstatekillertrial.com/arrest/http://goldenstatekillertrial.com/arrest/ (if you look at the "Timeline", for some reason I couldn't link to the actual page)
They, whoever "they" are, say he was arrested at 5:30 ("On Tuesday, April 24th, 2018, at about 5:30 PM local time, Joseph James DeAngelo was arrested at his home on Canyon Oak Drive by armored police working for the Sacramento Sheriff’s Department.") which limits the time frame for the police to log in considerably. It is a nice page though with tons of info, but, maybe like you said, news sources aren't all that correct any more.