Friday, January 12, 2024

Search warrant served in Warsaw

On January 4th, 2024, the Missouri State Highways Patrol’s Swat Team made entry into a residence on Highline Drive in the White Branch Community of Warsaw. We were there to serve a search warrant on the residence of Adan Rivas, age 50. 

Rivas has been a suspect of multiple thefts and burglaries in and around Benton County, including a healthy portion of the phone line copper thefts.

Rivas and three other people were taken into custody without incident. A weapon used in an assault and other stolen items were recovered from Rivas’s residents. Evidence discovered in the residence met probable cause to obtain a second search warrant we later carried out on the residence of Patrick Peterson, 60 of Warsaw. There, a stolen vehicle was recovered, and additional evidence met probable cause to obtain yet another search warrant, resulting in the seizure of illegal drugs.

Rivas and Peterson are just two of the many predators that prey on the unsuspecting here in Benton County, but we know the names of others! We know who you are, it’s just a matter of time.
 
It is frustrating for law enforcement to try and piece together the crimes that these criminals perpetrate on the innocent and unsuspecting. Fortunately, in our American Society, law enforcement and our justice system are taxed with the burden of proof. People are presumed innocent until proven guilty. 

The frustrating part comes to play when you know the suspect you're tracking is guilty, but you do not have the ability to prove it in a court of law.

Reasonable Suspicion versus Probable Cause. A simple way to explain this is: “Reasonable Suspicion" is a standard used in law enforcement, particularly in the United States, to determine if law enforcement officials can further their investigation. This suspicion must be based on specific details that any, “reasonable person” would agree with.

Although experienced law enforcement deputies can easily establish a hunch, or a gut feeling, or maybe even knows the history of a person or place; without justifying “reasonable suspicion”, the law enforcement officer has no lawful authority. This is where the 4th Amendment of the Constitution protects persons and places from “unreasonable” search and seizures.

"Probable cause", is a higher standard than reasonable suspicion and when this level is reached, it will lawfully justify a law enforcement officer's actions in making an arrest, conducting a person, or property search, or obtaining a warrant. Probable Cause exists when there are “reasonable” grounds, based on factual evidence, to believe that a person has committed a crime, or the fruit of criminal activity is present.

Therefore, from the start of Reasonable Suspicion, leading to Probable Cause, resulting in a person’s Arrest, all of the details and evidence are presented in a court of law to meet the burdens of proof “Beyond Reasonable Doubt”, which is necessary to achieve a conviction.

Rivas is charged with Assault 2nd Degree, Armed Criminal Action and Unlawful Possession of a Weapon (Disqualified Felon x2). Further charges for stealing a motor vehicle, theft and burglary are pending. Rivas is currently being held on a $250,000 bond.

Peterson is charged with Delivery of a Controlled Substance and Drug Paraphernalia. Peterson is being held on a $100,000 bond.

- Courtesy of Benton County Sheriff Eric Knox 

Disclaimer: Arrest records are public information. Any indication of an arrest does not mean the individual identified has been convicted of a crime. All persons arrested are innocent until proven guilty in a court of law.


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