Odd seizure in AZ serial killer investigation

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HarryB

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Emphasis is quoted article is mine. My question is what would happen if you told the police to go to blazes if they wanted your guns, much less to enter your dwelling under these circumstances?


http://www.eastvalleytribune.com/index.php?sty=71034

August 4, 2006
Apartment complex neighbors react to arrests
By Chris Markham
Tribune
Investigators gather around a vehicle believed to be linked to the Serial Shooter case Friday morning at the Windscape Apartments in Mesa.

Tim Hacker Tribune


Residents of Windscape Apartments on McKellips Road and Mesa Drive describe the community as quiet and safe - the last place they would expect a couple of serial killers to live. They like the manicured lawns, large playgrounds, crystal-clear pools and crime-free housing signs posted next to the gates meant to control access to the complex's parking lots.

"This is a nice place, the neighbors are nice," said resident Duke Allen. "You feel protected in the courtyards here."

But that comfort was shaken early Friday morning as police officers flooded those courtyards and investigators arrested two roommates now accused of a 14-month killing spree. One suspect, Dale Hausner, 33, was known as a friendly, outgoing neighbor who seemed a little goofy while his roommate, Samuel Dieteman, 31, was quiet, even standoffish. But those who knew them were surprised to hear that the men could be responsible for 36 shootings, as police allege.

"It's just crazy, they looked perfectly normal," said neighbor Adrian Thompson. "They didn't look like people that'd be shooting people to me."

Cindy McGillivray lives next door to the men's apartment. Hausner photographed her family for Easter two years ago and she remembers warning them about his unusual behavior.

On Friday, she was struck by the fact that Hausner, she said, asked her just last week if she'd heard anything about the serial killers.

Dieteman, who neighbors said moved in only recently, rarely had much to say.

Neighbor Jill O'Donnell said she and a former roommate hung out with Hausner and Dietman a handful of times in the past month and a half.

"We were there about 45 minutes and he didn't say a word," O'Donnell said of the last time she and her roommate met Hausner and Dieteman for drinks.

McGillivray said she woke up about 2 a.m. Friday to find nearly 50 police officers in the courtyard in front of her building. One of the officers told her: "We're doing an investigation, you're in safe hands."

Police searched her home and took her husband's rifles and investigators returned several times looking for bullet casings from Hausner's guns, McGillivray said
.

She and other neighbors were ordered to stay inside their apartments until at least 7 a.m., O'Donnell said.

And it wasn't until after 1 p.m., when police began leaving the scene, that residents began venturing outside their homes.

"Is that the apartment?" asked resident John Shuman. "It's just eerie that it's this close."

O'Donnell, who moved into her apartment with her fiance five and a half months ago, said she's thinking twice before renewing her lease later this month.
 
Sounds typical for any kind of alleged or actual killer - guy seemed kind of odd, etc. Largely meaningless.

From the bolded passage, the police were searching the residence of someone other than the two suspects? And seizing property? Or am I misreading it?
 
Sloppy journalism.

How did they gain access? Warrant, or was this a request/bully-job/wife wanted to get rid of her husbands evil guns? How was she treated? I want more information about how this happened. If they just decided to investigate other people's residences, then I hope her husband gets his rifles back, and the badges of a few of their 'finest'.
 
From the bolded passage, the police were searching the residence of someone other than the two suspects? And seizing property? Or am I misreading it?

That's exactly how I read it. Why would police search your house because of your neighbor's activities? And why would they take your guns?*




*the above statement is based on rational thought
 
It's possible they had reason to believe the other person was trading/ storing arms for the suspects? What did the warrant say? Need more info.
Josh
 
Two words: probable cause.

Unless they had credible information that a neighbor was storing possible evidence for a criminal (suspect) neighbor, they had NO LEGAL AUTHORITY to seize firearms or anything alse from neighboring apartments.

The neighbors need to get in touch with an attorney.

Also, frequently when police seize firearms, before returning them they fire a round to obtain a sample projectile, then enter itr into NIBIN. Another 4th Amendment violation without probable cause. They'll tell you they're just "helping" BATF to build it's NIBIN data base. B.S.
 
that's bloody mesa pd for you...they were even floating the idea of seizing weapons found in any vehicle during any traffic stop.............
 
No warrant = no entry, WTH? They seize the neighbor's guns? Unless the warrant specifically states the apartment numbers in question to be searched the entire warrant is void (You can't for example say, search "residence at 1515 berrybrook drive" when that is a block of apts, there is 1515 A, 1515 B, 1515 C, etc, you have to specify the apt in the warrant).
If the LEOs thought that the gun was being borrowed or stored by the neighbor, and therefore had PC, and then had a warrant for that property, then it is legal, otherwise, stay the F*** out of my door.
 
fisi - Link or other verifying info on that? Not disbelieving, just wanting to verify through independent sources before I get mad.
 
I would have sworn I read that she was told to go back inside and that was it for her until it was over.

Regarding the original bolded quote. I searched through the recycling and looked at a few different newspapers. They all used the same quote word for word. Then I prowled around a bit on line and those articles used the same quote word for word.

Maybe the original reporter got it wrong, or maybe the editor did a hack job on the original piece.

John
 
i heard keno hawkins discuss it on the tube several years ago and a mesa pd
spokesperson state it also BUT to be honest it was during the period when mesa pd had all those officer involved shootings over a very short time span,
about 5-6 incidents??? back in 2002-2003????so i might be interpreting sound
bites for dept. policy and maybe it was only related to those cases...........
 
Residents of Windscape Apartments on McKellips Road and Mesa Drive describe the community as quiet and safe - the last place they would expect a couple of serial killers to live. They like the manicured lawns, large playgrounds, crystal-clear pools and crime-free housing signs posted next to the gates meant to control access to the complex's parking lots.

[sarcasm] Wait a minute! They had signs! "Crime-free housing" signs! Criminals weren't allowed in there! I guess that means we are going to be hearing shortly that these guys were illiterate. Otherwise they would surely have seen the signs and stayed away. [/sarcasm]
 
No civil rights violation.

Like good little citizens, they granted permission to search and voluntarily relinquished their stuff.



I turned in my parents and all I got was this lousy T-shirt.
 
They didn't commit any crimes there, did they? See, it worked.

Ah, yes. Of course. How silly of me.

I guess the lesson here is that Windscape Apartments should have put up signs that read "criminal-free housing", not "crime-free housing." That would surely have kept those nasty men away.
 
According to a local (Phoenix) news report, the neighbors volunteered the weapons to be examined. Apparently someone had borrowed a gun to shoot at the range (not sure if suspects borrowed from neighbor or vice versa) but either way, the neighbors were concerned that the suspects knew they had guns in their apartment and MAY have had the means to use and replace. In other words, the neighbors sounded like they were concerened that their own personal guns could possibly have been involved.
 
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