John Wayne Gacy Case

1
John Wayne Gacy Case

• 4th Amendment

2
Leading to Investigation

• Robert Piest of Des Plaines worked at a pharmacy.
  Sophomore. Wanted to buy a car. Needed more
  money
• John Gacy doing construction work at the pharmacy

3
Piest Missing

• Dec. 11, 1978, Piest reported missing to police
  after he didnt show to moms birthday party.
• Piest was straight A student and Eagle Scout.
• Police Chief Det. Assigned detectives to
  investigate.

4
Investigation

• Detectives interviewed pharmacy manager,
  co-workers, and Gacy.
• Co-workers, including Kim Byers, say Piest wanted
  a better job.
• Gacy says he had never seen him.

5
John Wayne Gacy

• Construction Contractor
• Married, but separated 6 mos.
• Democratic Precinct capt.
• Dressed up as clown for kids

6
Investigation

• Gacy was placed under surveillance and tailed.
• Found he drives fast and wreckless
• Found Conviction of sodomy in Iowa
• Found Lied about not knowing Piest.

7
4th Amendment

• The right of the people to be secure in their
  persons, house, papers, and effects, against
  unreasonable searches and seizures, shall not be
  violated, nor Warrants shall issue, but upon
  probable cause, supported by Oath or affirmation,
  and particularly describing the place to be
  searched, and the persons or things to be seized.

8
4th Amendment

• History
• Founders designed 4th to keep federal govt. from
  violating peoples privacy.
• 4th says nothing about criminal law
• It prohibits unreasonable searches and seizures
• Searches done by regular people are ok

9
Getting a warrant

• Warrant court order obtained from a judge who
  is convinced there is a need to search
• Police will present an affidavit to a judge.
  Affidavit sworn statement of facts and
  circumstances

10
Probable Cause

• On affidavit, Police must establish
• Probable Cause reasonable belief that a person
  has committed a crime
• No specific formula for P.C.

11
Did Gacys Investigators have probable cause to
search?
12
Judge decides

• Judge said yes, and issued a warrant.

13
Whats on a Warrant

• Why searching
• What searching for
• Where searching
• When will search
• Who
• Officers name
• Judges signature

14
Elephant Rule

• Helps distinguish items in search
• Looking for an elephant AND anything related to
  an elephant
• EX elephant cant fit in a drawer, elephant poop
  can

15
Return of Inventory

• Return of Inventory police must make a detailed
  list of everything seized

16
First Gacy Warrant

• Looking for Piest alive or dead, fresh grave or
  mound of dirt, anything related

17
Items Recovered

• Police badge collection
• Pornography books
• Handcuffs
• Locks, chain, rope
• Polaroids of exposed boys
• High school class rings

• 5 Motorola TV
• Receipt from Photo processing
• Small bottle of cholorform
• Picture of Gacy and Mrs. Carter

18
First Lady Rosyln Carter and John Gacy
19
End Day 1