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Police Had to Have Specifics to Gain New Search Warrant
Aired February 18, 2003 - 14:17 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: We're going to make our Mike Brooks on the phone; he covers everything from security to law enforcement issues.
Mike, you're coming to us via the telephone. You also were a former detective yourself. Let's talk about what's going on here, we'll kind of start from the beginning with you. You can give us the detectives' perspective here.
They get a search warrant; they're back in the home for a second time. What are they looking for? What does this mean?
MIKE BROOKS, CNN CORRESPONDENT: As Jeffrey was talking about, that's the question. What are they looking for? What specifically, you know, how was the search warrant worded this time differently than it was the first time. You know, the first time were they looking for documents, were they looking for physical evidence?
And as Jeffrey has talked about, this is a totally separate search warrant signed by a judge and they are going in specifically looking for what the items listed are in the search warrant; and I would be interested to know exactly what that -- what is it listed on the warrant itself.
Now, you know, this is a totally separate and distinct warrant from the first time, they call it a follow-up search. So, you know, are they looking for something that they didn't get the first time or have they developed information during the investigation that would lead them back to go and look for additional things to help them build the case that they're already working on?
So that's the question right now that remains to be answered. You know, and as Jeffrey said, he is not a suspect. We're talking, he went downtown with law enforcement, with police. The only time that they would take someone from their house and take them down to the police station, down to the CID would be if they're under arrest.
So, again, he is not under arrest. They are not calling him a suspect. As Jeffrey said, it's word play. We've heard "suspect," "person of interest," those sort of things but for right now the police are saying he is not a suspect.
PHILLIPS: Well, as a former detective -- OK, and also Mike, are you near a -- can you see the live pictures?
BROOKS: No, I'm not able to see the live pictures.
PHILLIPS: OK, it looks like a Jacuzzi in the backyard. This one detective comes back and forth to this Jacuzzi looking and inside of this Jacuzzi. It appears to be a Jacuzzi, but it could be a storage shed. That's the second time via these live pictures we've seen this detective go and look in the backyard.
So, I have a question for you. You talk about the search warrant, on this search warrant; it has to say exactly what they are looking for? Would it say, for example, "we want to look once again inside the Jacuzzi, we believe something could be in there?" I mean, is that how detailed it gets?
BROOKS: Yes, usually when writing search warrants, always was very -- you have to be as specific as possible when you're writing them. If it's -- if you're looking for physical evidence, if you're looking for documents. You have to be specific about exactly what you want. If it's not on the search warrant, named on a search warrant, then you basically can't take it out of the house.
And as Jeffrey said, different jurisdictions vary on whether the person will remain in the house. For instance, the District of Columbia and during the Gary Condit search, for instance, as an example, they stayed -- Congressman Condit stayed right in the house while they were doing the search warrant, while they were inside with D.C. police.
Apparently Scott chose not to be in the house for the search warrant, because many times, they will go ahead and tell them exactly what they're taking and they'll make an inventory sheet of exactly the items and evidence they're taking from the house and then the person signs that basically as a receipt to say, OK, you're taking these specific items.
So, you know -- but it has to -- it can be -- it has to be very specific about what they're going -- what's included in the warrant to be taken.
PHILLIPS: All right, Mike, I have another question for you, just stand by with me for a second here.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Aired February 18, 2003 - 14:17 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: We're going to make our Mike Brooks on the phone; he covers everything from security to law enforcement issues.
Mike, you're coming to us via the telephone. You also were a former detective yourself. Let's talk about what's going on here, we'll kind of start from the beginning with you. You can give us the detectives' perspective here.
They get a search warrant; they're back in the home for a second time. What are they looking for? What does this mean?
MIKE BROOKS, CNN CORRESPONDENT: As Jeffrey was talking about, that's the question. What are they looking for? What specifically, you know, how was the search warrant worded this time differently than it was the first time. You know, the first time were they looking for documents, were they looking for physical evidence?
And as Jeffrey has talked about, this is a totally separate search warrant signed by a judge and they are going in specifically looking for what the items listed are in the search warrant; and I would be interested to know exactly what that -- what is it listed on the warrant itself.
Now, you know, this is a totally separate and distinct warrant from the first time, they call it a follow-up search. So, you know, are they looking for something that they didn't get the first time or have they developed information during the investigation that would lead them back to go and look for additional things to help them build the case that they're already working on?
So that's the question right now that remains to be answered. You know, and as Jeffrey said, he is not a suspect. We're talking, he went downtown with law enforcement, with police. The only time that they would take someone from their house and take them down to the police station, down to the CID would be if they're under arrest.
So, again, he is not under arrest. They are not calling him a suspect. As Jeffrey said, it's word play. We've heard "suspect," "person of interest," those sort of things but for right now the police are saying he is not a suspect.
PHILLIPS: Well, as a former detective -- OK, and also Mike, are you near a -- can you see the live pictures?
BROOKS: No, I'm not able to see the live pictures.
PHILLIPS: OK, it looks like a Jacuzzi in the backyard. This one detective comes back and forth to this Jacuzzi looking and inside of this Jacuzzi. It appears to be a Jacuzzi, but it could be a storage shed. That's the second time via these live pictures we've seen this detective go and look in the backyard.
So, I have a question for you. You talk about the search warrant, on this search warrant; it has to say exactly what they are looking for? Would it say, for example, "we want to look once again inside the Jacuzzi, we believe something could be in there?" I mean, is that how detailed it gets?
BROOKS: Yes, usually when writing search warrants, always was very -- you have to be as specific as possible when you're writing them. If it's -- if you're looking for physical evidence, if you're looking for documents. You have to be specific about exactly what you want. If it's not on the search warrant, named on a search warrant, then you basically can't take it out of the house.
And as Jeffrey said, different jurisdictions vary on whether the person will remain in the house. For instance, the District of Columbia and during the Gary Condit search, for instance, as an example, they stayed -- Congressman Condit stayed right in the house while they were doing the search warrant, while they were inside with D.C. police.
Apparently Scott chose not to be in the house for the search warrant, because many times, they will go ahead and tell them exactly what they're taking and they'll make an inventory sheet of exactly the items and evidence they're taking from the house and then the person signs that basically as a receipt to say, OK, you're taking these specific items.
So, you know -- but it has to -- it can be -- it has to be very specific about what they're going -- what's included in the warrant to be taken.
PHILLIPS: All right, Mike, I have another question for you, just stand by with me for a second here.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
