The Missoula MT Search Warrant


[Text of the Search Warrant is as follows]:





     Guy Baker, duly appointed and acting Detective for the City of Missoula Police Department, being first duly sworn upon his oath, deposes and says:

        That he has good reason to believe that the offense(s) of Homicide in violation of Section 45-5-404 MONTANA CODE ANNOTATED, have been committed. 

        That he has good reason to believe and does believe that in and upon the premises located at 2166 South 12th Street West, the above is located within the City of Missoula, County of Missoula, State of Montana; described as being a one story, single family residence, light beige in color, with the numbers ‘2166’ displayed on the front door, with an unattached garage that has two attached sheds connected to it and another unattached shed in between the residence and the garage, located on the northeast corner of the 12th Street and Schilling Street there have been and are now located certain items of contraband, evidence, fruits of the crime(s), and/or instrumentalities and articles used in the commission of the crime and are particularly described as being:

        Human remains; including bones, teeth and hair, or additional body parts or human remains, clothing or personal items associated with a deceased human, biological matter; including blood, tissue or DNA evidence related to the death of a human, weapons, tools or other instruments or machines used to facilitate the homicide of a human, or tools used to dismember, bury or dispose a human body, any containers used to transfer or store human remains, documents or photos providing details or documenting the death of a human or the possession of human remains after the death of a human. 

        That the facts which are the grounds of this application and upon which applicant relies to establish probable cause for the issuance of a search warrant are:

1.         On September 27, 2017, Missoula Police Officer Shaun Loya responded to 2166 South 12th Street West for a report of the discovery of possible human remains. The former tenant of the rental property had been evicted the previous week and a contracted cleaning crew had been employed to clean up a significant amount of miscellaneous items that had been left by the evicted renter. 

2.        The cleaning crew found a box in a shed on the property that contained what was suspected to be human bones and teeth. Officer Loya seized the suspected human remains and logged them as evidence.

3.        Officer Loya spoke with the Charmell Owens, who is a City of Missoula Compliance Officer who enforces residential codes, and she advised Officer Loya about a male, Doug Labare, who had illegally occupied the backyard of the property last year. Owens advised Officer Loya that Labare had resided in a camper in the backyard and he had access the garage and the sheds on the property. Owens also advised Labare had a surveillance camera set up to alert him to the presence of Owens or other visitors and he would “quickly appear” upon her arrival on the property. Owens stated Labare was evicted in the summer of 2016.

4.        The suspected human remains; bones and teeth, were submitted to the Montana State Department of Justice Forensic Science Lab for analysis and then the suspected human remains were sent to the University of Montana Anthropology Department and it was subsequently determined the recovered bones and teeth were human remains.

5.        Professor Kristen Green with the Anthropology Department at the University of Montana has determined the human remains are comprised of three (3) sub-adult humans. Individual #1 was estimated to be 5-8 years of age at the time of death, Individual #2 was estimated to be 6-10 years of age at the time of death and Individual #3 was estimated to be 2-4 years of age at the time of death. Green also determined the bones and teeth are likely modern and not archaeological.

6.        Missoula Police Detective Guy Baker has been assigned the investigation and he confirmed Plum Property Management was managing the property at the time of the previous tenants’ eviction and the property is currently unoccupied.

7.         Detective Baker obtained written consent for the Property Manager, Mandy Fassio, at Plum Property Management to search the property at 2166 South 12th Street West on November 3, 2017. Detective Baker did not seize any items of evidence during the search.

8.        Detective Baker returned to the property at 2166 South 12th Street West with Green and the two graduate students who assisted her with the forensic analysis of the human remains on November 17, 2017 and it was determined a more thorough search of the property and structures would be necessary to determine if additional evidence associated with the human remains might be present on the property.

THEREFORE, the applicant requests a Search Warrant be issued, authorizing a search of the premises previously described in this application at 2166 South 12th Street West in Missoula, Montana.
                                                        (signature)
                                                        Detective Guy Baker,
                                                        Missoula Police Department
Subscribed and sworn to before me on this 28th day of November, 2017.
                                                        (signature)
                                                        District Court Judge,
                                                        Montana Fourth Judicial District

  [Text of the Search Warrant is as follows]:

THE STATE OF MONTANA TO:








DETECTIVE GUY BAKER, or his designee;

        A sworn application having been made before me by Detective Guy Baker of the City of Missoula Police Department, that he has good reason to believe that the offenses of Burglary in violation of Section 45-5-102 MONTANA CODE ANNOTATED, have been committed.

        That he has good reason to believe and does believe that in and upon the premises located at 2166 South 12th Street West, Missoula, Montana, the above is located within the City of Missoula, County of Missoula, State of Montana, there have been and are now located certain items of contraband evidence, fruits of the crime, and instrumentalities and articles used in the commission of the crime and are particularly described as being:

        Human remains; including bones, teeth, and hair, or additional body parts or remains, clothing, or personal items associated with a deceased human, biological matter; including blood, tissue or DNA evidence related to the death of a human, weapons, tools or other instruments or machines used to facilitate the homicide of a human, or tools used to dismember, bury or dispose of a human body, any containers used to transfer or store human remains, documents or photos providing details or documenting the death of a human or the possession of human remains after the death of a human.

        I am satisfied that there is probably cause to believe that the property described is in the said premises described above.

        You are hereby commanded to serve this warrant and search the above-described premises and any person found therein at the time this warrant is served for the property specified; and if the property is found there, to seize it, give a receipt for it, prepare a written inventory verified by you of the property seized and bring the property before me, all in the manner required by law.
                
                                                DATED THIS 28TH DAY OF NOVEMBER, 2017.
                                                (signature)
                                                District Court Judge,
                                                Montana Fourth Judicial District

RETURN
                                                        
        I received the attached search warrant on December 1, 2017 November 28, 2017 (kst) and have executed it as follows:

        No items of evidence were seized during the execution of the search warrant.

        I swear that this inventory is a true and detailed account of all property taken by me on this warrant.
                                                        (signature)
                                                        Missoula Police Detective
Subscribed and sworn to and returned before this 1rst day of December, 2017
                                                                (signature)
                                                                District Court Judge

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