'Is' vs. 'might be'...
Here is an excerpt of the Search Warrant where FBI Agent Jack Schafer gets right to the point. As you can see - he uses the word 'is' and not 'might be' in describing his belief as to where Kristin is located.
A judge signed this warrant and even with all of this on the table, the SLO Sheriff's department decides not to dig up the yard.
I really wish this were not the case - but this really is what is happening.
In all fairness - there needs to be one qualifier here:
See for yourself. Here is the documentation of the warrant.
This is not the actual warrant. I have NEVER seen it. What this is is the work that FBI Agent Jack Schafer did in his preparation for the warrant. Agent Schafer turns his work over to the Sheriff's Department at which point they take it to a judge for his/her signature.
I presume that the Sheriff has the legal right to alter the language of this document BEFORE submitting it to the judge. They may have rewritten it to a point where the warrant no longer authorizes law enforcement to dig up the yard. That may have happened. I don't know.
If it did happen - they never mentioned it to Agent Schafer because he told me that the Sheriff's decision not to dig up the yard on June 20th, 2000 was 'a lost opportunity'.