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Jacuzzi-Like Object Draws Police Interest at Peterson Home

Aired February 18, 2003 - 14:21   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: OK back to our other breaking news story. And, this one is taking place in Modesto, California. Right now what you're looking at live pictures, via our affiliate KGO out of San Francisco.
Police detectives, for the second time, back in the Peterson home. What they're searching for, we don't know.

Mike Brooks back on the phone with us; our correspondent covers law enforcement issues, security issues. We're talking about the search warrant that police officers were given to go back for a second time.

Mike, you were telling us that search warrant had to be pretty darn specific. And it looks like, by looking at this video, it looks like detectives know what they're searching for. They keep going back to the same areas, back to the same spots. Is that normal procedure?

MIKE BROOKS, CNN CORRESPONDENT: Absolutely and you say you think there is a possibility and again, I'm not in front of a TV. But, if for instance, there is a Jacuzzi there, they would say for any evidence associated with the Jacuzzi and they could take the Jacuzzi out if they wanted to.

So if that's -- if it was listed specifically in the search warrant. And, you know, it's probably most likely they're back there as a result, again -- this is speculation, I don't like to speculate, but something led them back to the house. And what that was is probably something that they have gleaned in the course of the investigation up to now and they felt that they had to go back in with another search warrant looking for additional evidence.

PHILLIPS: As a detective, does that bother you that Scott Peterson, even though he hasn't been named as a suspect, he also hasn't been eliminated as a suspect, does that bother you that he was just able to leave and nobody just leave by himself or that doesn't necessarily mean that police don't know where he's going or where he is. But, they'd want to be keeping track of him also.

BROOKS: No, it doesn't bother he me. if he didn't have anything to add there while they're searching the residence, if he felt he wanted to leave, he's free to go, again, he's not under arrest. and police are saying he's not a suspect. but they haven't totally ruled him out. But, no, that doesn't really bother me too much. PHILLIPS: All right, and once again, we want to make the point you were saying, that if indeed police took him downtown for questioning, that would mean, more than likely, that he was being arrested, right? And he was not taken downtown. I want to clarify that point.

BROOKS: Right.

PHILLIPS: But that would really mean something if indeed police took him downtown for questioning, that's pretty serious.

BROOKS: I would say so, if -- if he went down on his own accord separate from the police taking him down, you know, that's one thing. If the police -- you know the old adage, we're going to take you downtown, well that means you're not free to go, and that means basically you are in the custody of the police.

PHILLIPS: Why would they go back to the house a second time? Is it through questioning other people, maybe talking with Scott, maybe as the investigation continues a new clue pops up? I mean, kind of -- if you could sort of explain to me the process, because it's been a while since they've been in that house. Why do you think they would want to come back a second time?

BROOKS: Well, again, that is probably most likely they have gotten reason to believe that there is more physical evidence that maybe they didn't get from the last time, as a result of their continuing investigation. So as they develop leads, as people come forward, as they interview people, they start to get -- they start to get the different statements and maybe, also, something that they have gotten from physical evidence from other places. You know, the police are being very, very close to the vest about this case, not letting out any information whatsoever.

And it seems, you know, that there hadn't been much getting out about it, so they're able to go about their investigation and, well you know, without the media breathing down their neck and putting information out there or, you know, just some things that -- you know, speculation. so most likely they have gotten more information from statements maybe physical evidence, and now they're going back into the house looking for additional evidence to help them further the case. That's the only reason that I can see that they would be back in the house.

PHILLIPS: And there had to have been something pretty specific on that search warrant in order for a judge to sign it, right, it had to be pretty strong for a judge to allow this to happen again?

BROOKS: Right, and there has to be reason for them to go back as Jeffrey was saying earlier. You know, probable cause to go back into that house and the warrant would not have been signed by a judge had he or she not thought that they had reason to go back into that house.

PHILLIPS: Could these detectives stay there as long as they want or do they only get a certain amount of time, or do they get to keep searching and searching until, you know, 24 hours from now?

BROOKS: They can keep searching until they feel that they have what they need, you know, but they can't search and then leave and then come back again, you need another search warrant. They could leave an officer in that house or detective in that house and then come and go for as long as it takes. But, no, there is usually no time limit, there is a time limit usually of ten days on a search warrant, you know, to execute the warrant, but once they've executed the warrant and they're inside that house, they have as much time as they need to execute it.

PHILLIPS: And can they take anything they want out of that house?

BROOKS: If it's specified on the warrant, if it is specified on the Warrant, but usually a warrant -- if I was making up a warrant and I would -- depending on what we were looking for, make it as broad as possible, you know, for -- and then that allows you to take the evidence you need from inside the house.

PHILLIPS: All right, our Mike Brooks, one of our newest correspondents with quite an extensive background in law enforcement and security issues. We appreciate you joining us as we continue to follow this breaking news story at the home of Scott and Laci Peterson.

Police right now -- detectives searching the house a second time. They were granted a search warrant. Scott Peterson not in the home. We are told by a reporter on the scene that he left the house by himself and left detectives here at his house to search it one additional time. We'll continue to follow the story; what they're looking for, we don't know. What this could mean for the investigation, we don't know. Scott Peterson still not being named as a suspect, still not eliminated as a suspect, but not there at the house. we'll follow this story and bring you as much information as we get it.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com




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Aired February 18, 2003 - 14:21   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: OK back to our other breaking news story. And, this one is taking place in Modesto, California. Right now what you're looking at live pictures, via our affiliate KGO out of San Francisco.
Police detectives, for the second time, back in the Peterson home. What they're searching for, we don't know.

Mike Brooks back on the phone with us; our correspondent covers law enforcement issues, security issues. We're talking about the search warrant that police officers were given to go back for a second time.

Mike, you were telling us that search warrant had to be pretty darn specific. And it looks like, by looking at this video, it looks like detectives know what they're searching for. They keep going back to the same areas, back to the same spots. Is that normal procedure?

MIKE BROOKS, CNN CORRESPONDENT: Absolutely and you say you think there is a possibility and again, I'm not in front of a TV. But, if for instance, there is a Jacuzzi there, they would say for any evidence associated with the Jacuzzi and they could take the Jacuzzi out if they wanted to.

So if that's -- if it was listed specifically in the search warrant. And, you know, it's probably most likely they're back there as a result, again -- this is speculation, I don't like to speculate, but something led them back to the house. And what that was is probably something that they have gleaned in the course of the investigation up to now and they felt that they had to go back in with another search warrant looking for additional evidence.

PHILLIPS: As a detective, does that bother you that Scott Peterson, even though he hasn't been named as a suspect, he also hasn't been eliminated as a suspect, does that bother you that he was just able to leave and nobody just leave by himself or that doesn't necessarily mean that police don't know where he's going or where he is. But, they'd want to be keeping track of him also.

BROOKS: No, it doesn't bother he me. if he didn't have anything to add there while they're searching the residence, if he felt he wanted to leave, he's free to go, again, he's not under arrest. and police are saying he's not a suspect. but they haven't totally ruled him out. But, no, that doesn't really bother me too much. PHILLIPS: All right, and once again, we want to make the point you were saying, that if indeed police took him downtown for questioning, that would mean, more than likely, that he was being arrested, right? And he was not taken downtown. I want to clarify that point.

BROOKS: Right.

PHILLIPS: But that would really mean something if indeed police took him downtown for questioning, that's pretty serious.

BROOKS: I would say so, if -- if he went down on his own accord separate from the police taking him down, you know, that's one thing. If the police -- you know the old adage, we're going to take you downtown, well that means you're not free to go, and that means basically you are in the custody of the police.

PHILLIPS: Why would they go back to the house a second time? Is it through questioning other people, maybe talking with Scott, maybe as the investigation continues a new clue pops up? I mean, kind of -- if you could sort of explain to me the process, because it's been a while since they've been in that house. Why do you think they would want to come back a second time?

BROOKS: Well, again, that is probably most likely they have gotten reason to believe that there is more physical evidence that maybe they didn't get from the last time, as a result of their continuing investigation. So as they develop leads, as people come forward, as they interview people, they start to get -- they start to get the different statements and maybe, also, something that they have gotten from physical evidence from other places. You know, the police are being very, very close to the vest about this case, not letting out any information whatsoever.

And it seems, you know, that there hadn't been much getting out about it, so they're able to go about their investigation and, well you know, without the media breathing down their neck and putting information out there or, you know, just some things that -- you know, speculation. so most likely they have gotten more information from statements maybe physical evidence, and now they're going back into the house looking for additional evidence to help them further the case. That's the only reason that I can see that they would be back in the house.

PHILLIPS: And there had to have been something pretty specific on that search warrant in order for a judge to sign it, right, it had to be pretty strong for a judge to allow this to happen again?

BROOKS: Right, and there has to be reason for them to go back as Jeffrey was saying earlier. You know, probable cause to go back into that house and the warrant would not have been signed by a judge had he or she not thought that they had reason to go back into that house.

PHILLIPS: Could these detectives stay there as long as they want or do they only get a certain amount of time, or do they get to keep searching and searching until, you know, 24 hours from now?

BROOKS: They can keep searching until they feel that they have what they need, you know, but they can't search and then leave and then come back again, you need another search warrant. They could leave an officer in that house or detective in that house and then come and go for as long as it takes. But, no, there is usually no time limit, there is a time limit usually of ten days on a search warrant, you know, to execute the warrant, but once they've executed the warrant and they're inside that house, they have as much time as they need to execute it.

PHILLIPS: And can they take anything they want out of that house?

BROOKS: If it's specified on the warrant, if it is specified on the Warrant, but usually a warrant -- if I was making up a warrant and I would -- depending on what we were looking for, make it as broad as possible, you know, for -- and then that allows you to take the evidence you need from inside the house.

PHILLIPS: All right, our Mike Brooks, one of our newest correspondents with quite an extensive background in law enforcement and security issues. We appreciate you joining us as we continue to follow this breaking news story at the home of Scott and Laci Peterson.

Police right now -- detectives searching the house a second time. They were granted a search warrant. Scott Peterson not in the home. We are told by a reporter on the scene that he left the house by himself and left detectives here at his house to search it one additional time. We'll continue to follow the story; what they're looking for, we don't know. What this could mean for the investigation, we don't know. Scott Peterson still not being named as a suspect, still not eliminated as a suspect, but not there at the house. we'll follow this story and bring you as much information as we get it.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com




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