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  #21  
Old 28 January 2019, 01:20 PM
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Quote:
Originally Posted by sneeze042 View Post
... had opportunity to commit the crime. Is that not sufficient to get a warrant for their DNA?
I think that opportunity alone is not probable cause for a warrant, otherwise warrants would be pointless. Most crimes don't have a limited pool of people who had the opportunity to commit the crime. For example, possession of illegal drugs is a crime that everyone in the world has the opportunity to commit.

Officer: We want a warrant to search house A for heroin.
Judge: What is your probable cause?
Officer: House A is in city A and heroin is sold in city A.
Judge: Approved.
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  #22  
Old 28 January 2019, 01:30 PM
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I took sneeze042 to to mean, under the circumstances here. So, a male who had opportunity -- that is, access and privacy during that time.
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  #23  
Old 28 January 2019, 01:43 PM
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Could be, but as thorny locust pointed out, the fact that they didn't notice she was pregnant until she started giving birth would make it unlikely that they could rule out that any male visitor was able to have access and privacy enough to rape her. In essence, their probable cause that was the male nurses had the most opportunity to commit the crime, not that they were the only ones. Either way, the warrant would still be based on just opportunity, not on any other evidence.
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  #24  
Old 28 January 2019, 02:13 PM
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I don't think we have the details of any other evidence they might have, do we? We're there any solo male visitors for her, or even on her floor? Is there any system in place that would eliminate visitors from the equation? (Like locks or a badge system?) Unless the warrant affidavit is posted somewhere, I don't think we know whether there were additional reasons to suspect a nurse.
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  #25  
Old 28 January 2019, 02:43 PM
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Based on the recommendations that AHCCCS has for the facility, it seems like they didn't have enough security and/or it wasn't correctly implimented for them to eliminate visitors:

Quote:
AHCCCS also wanted inproved security, to include security badges, no doors propped open, and security cameras in common rooms and hallways.

The AHCCCS letter also requires Hacienda to implement new visitor policies, which would include restricted visiting hours, visitor badges, and new policies for signing in and out.
Another article quotes a parent of a different patient with regards to security:

Quote:
She says security was always lax. “I used to walk in, walk out,” she says; they didn’t ask her to wear a badge. Even after the birth, she says, she walked right past police detectives who didn’t ask for ID.
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