[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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