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People v. Kraft8/10/2000
Salem, Oregon, had told Sidebotham that the nude body of Anthony Silveira had been found near a rural road close to Interstate 5 on December 18, 1982. The cause of death was ligature strangulation and alcohol and diazepam were in Silveira's system at the time of death. Silveira had last been seen alive on December 3, 1982, and it appeared he had been dead approximately two weeks. Sidebotham had received a list of the clothing Silveira was wearing when last seen; while executing the first warrant to search defendant's house, Sidebotham had seen tennis shoes matching those worn by Silveira. Defendant had stayed at the Holiday Inn in Wilsonville, Oregon, from December 1 through December 3, 1982.
Detective Linda Estes of the Clackamas County Sheriff's Department in Oregon City, Oregon, had told Sidebotham that, on November 24, 1982, the dead body of Brian Whitcher had been found on a rural road in the Wilsonville area, clad only in jeans and a sweater. The cause of death could not be determined, but alcohol and diazepam had been found in Whitcher's system. On November 23, 1982, defendant had stayed at the Holiday Inn in Wilsonville, Oregon, about two miles from the location where Whitcher's body was found. Detective Estes had examined photographs taken during the search of defendant's house on May 14 and had advised Sidebotham that they appeared to depict Whitcher's jacket hanging in defendant's garage.
One of the photographs seized from underneath the floor mat of defendant's car showed murder victim Wyatt Loggins lying on a couch that was seized from defendant's house on May 14. The photographs, in which Loggins appeared to be deceased, showed him both clothed and unclothed. An application of the Luminol chemical process to the couch had indicated the presence of blood. When Loggins's body was found, certain items of property and clothing with which he had last been seen were missing.
Based on the foregoing factual recitation, Judge Beacom issued a second warrant authorizing a search for the property of Wyatt Loggins and the Oregon victims named in the affidavit.
(3) Third warrant
While inside defendant's house executing the second search warrant on May 18, 1983, Sidebotham sought a third warrant by telephonic affidavit. The third affidavit incorporated by reference the affidavits in support of the car search warrant and the two prior house search warrants. Sidebotham told Judge Beacom that, while serving the second search warrant, he had observed some blood he had not seen while serving the first warrant on the evening of May 14. Sidebotham also stated that, about half an hour before he made the telephonic affidavit, Detective Sergeant Larry French of Kent County, Michigan, had advised him that, on December 9, 1982, the dead bodies of Dennis Alt and Chris Schoenborn were found together in Kent County. Both were victims of ligature strangulation, and both had alcohol and diazepam in their systems at the time of death. A pen, inscribed "Amway Grand Plaza Hotel , Grand Rapids," had been inserted in Schoenborn's penis. The two victims had last been seen alive at that hotel. Defendant had stayed at that hotel from December 5 through December 8, 1982. Detective Sergeant French had described to Sidebotham certain property missing from Alt and Schoenborn. Sidebotham had seen a jacket labeled with the name Chris Schoenborn, as described by French, inside defendant's garage.
Based on the foregoing factual recitation, Judge Beacom issued a third warrant authorizing a search of defendant's house for blood and for the missing property of Alt and Schoenborn.
(4) Validity of warrants and seizures
Defendant first contends that no
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