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Revisiting 'Amber Alert' Guidelines

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Author: Indy
Created: 17 April, 2009
Updated: 13 October, 2022
3 min read

It nowappears that Sandra Cantu, the 8-year-old who was last seen wearing a"Hello, Kitty" shirt, didn't die at the hands of the clichédshadowy stranger.

Instead,the person accused of killing the Tracygirl is the statistical abduction probability: 60 percent of the time whensomeone other than a family member kidnaps a child, it's someone the child is atleast acquainted with.

Ayoung mother whose 5-year-old was a playmate of Sandra's, who lived justfive doors from the Cantu home, is accused of killing Sandra. CBSNews is reporting that police believe Sandra was killed in a church justmiles from that home, the church where 28-year-old Melissa Huckaby taughtSunday school.

Shortlyafter Sandra disappeared March 27, police weren't sure what to make of the case.They explored theories from runaway to kidnapping.

"Untilwe had an indication that Sandra had been killed, we were treating this as amissing persons case," Tracypolice spokesman Sgt. Tony Sheneman toldThe Associated Press shortly after Sandra's body was found April 6 in asuitcase in an irrigation pond.

DespiteSandra's age, it was never treated officially as an abduction, which means an Amber Alert was neverissued. It might not have mattered in Sandra's case if she was killed beforeshe was even reported missing, as CBS News is reporting.

But itcould in other cases, and that's why California'sAmber Alert guidelines must be revisited.

Accordingthe California Highway PatrolWeb site, four criteria must be met before an Amber Alert can be issued:

  • The police confirm an abduction has occurred.
  • The victim is 17 or younger or has a proven mental or physical disability.
  • The victim is in imminent danger of serious injury or death.
  • There is information available that, if provided to the public, help find the child.

Thoseguidelines are based on recommendations from the U.S.Department of Justice, and they're suggestions many states follow:

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  • There is reasonable belief by law enforcement that an abduction has
    occurred.
  • The law enforcement agency believes that the child is in imminent danger of
    serious bodily injury or death.
  • There is enough descriptive information about the victim and the abduction
    for law enforcement.
  • The child is 17 or younger.
  • The child's name and other critical data elements have been entered into the National Crime Information
    Center system.

Here'sthe problem in the Cantu case that could crop up in others: Both the Californiaand the federal guidelines require an abduction, though the federal guidelinesallow more leeway than the state rules by allowing "reasonablesuspicion" by the police rather than confirmation.

In thecase of an 8-year-old who disappears, one would think kidnapping would be theimmediate and reasonablesuspicion.

There is,of course, a danger of the public zoning out if Amber Alerts are overused.Early on, whether to use them atall in family abductions was controversial, though increasingly officialsare erring on the side of caution. In fact, two of the six Amber Alert casesCHP sites for this year involve parentalabductions.

It ispossible, though, to broaden Amber Alert guidelines without putting police inthe position of issuing one every time estranged partners get into a flap.

Tennesseemanages to do it, for example, by requiring only "a belief that thechild is in imminent danger of bodily injury or death." One of the fivereasons to establish that belief is that "the missing child is believed tobe out of the zone of safety for his or her age and development stage."

Thatsounds like a reasonable guideline that the CHP should establish. And if CHPdoesn't do it, the Legislature should steer law enforcement in that direction.