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When baby went missing, why wasn’t an Amber Alert issued?

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SAN JOSE, Calif. (NewsNation) — It was every parent’s worst nightmare come true. Shocking surveillance video shows a man calmly walking away with a 3-month-old infant inside a baby carrier in San Jose, California. Police say the child was snatched from inside his home while his grandmother was downstairs unloading groceries and his mother was at work.

Investigators feverishly worked against the clock to find the child with one factor missing: an Amber Alert. Many questioned why an alert was not being issued in such a crucial time. San Jose police insisted it was because they did not have a license plate number to provide to the public.

So, what do police need in order to issue an Amber Alert on behalf of a missing child? Former FBI agent Jennifer Coffindaffer said in a NewsNation interview Tuesday that it’s completely subjective, depending on the law enforcement agency.

“It’s up to those lead agencies to make these decisions. As long as they have a minor — that is the main point that is objective. The subjective points are do they believe an abduction took place? In this case, obviously an abduction took place. Then, secondarily, do they have a description of the child?” Coffindaffer explained.

The Department of Justice has recommended criteria for law enforcement to follow:

-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 to issue an Amber Alert to assist in the recovery of the child.

-The abduction is of a child aged 17 or younger.

-The child’s name and other critical data elements, including the Child Abduction flag, have been entered into the National Crime Information Center system.

“In this case, I think there was enough to issue an Amber Alert,” Coffindaffer said. “Remember, the point of an Amber Alert is to put the community on notice so that people can be aware that an infant was abducted and can provide clues to law enforcement.”

In a fortunate resolution to the case, investigators found the missing 3-month-old baby Brandon Cuellar alive inside a white van Tuesday morning. Investigators took three people believed to be connected to the family into custody and are calling the kidnapping “premeditated.”

San Jose police unraveled the plot after questioning a woman who was with the baby’s grandmother while shopping. They reported picking up on inconsistencies in her story, leading to other suspects and the recovery of the baby.

Authorities say the kidnapping was not a random act and said the suspects even brought their own baby carrier and white blanket to place the infant under.

“It seemed to me to be very premeditated,” Coffindaffer said of the case. “We [the suspects] had a blanket, we had a carrier, we didn’t have somebody rushing in and rushing out. They seem to know the perfect opportunity where the grandmother would be unloading groceries so that they could make this abduction happen. So in this capacity, we’re looking at what do people who know this child, what are they saying?

“Then you begin interviewing, and that’s exactly what they did. And when they saw that the people they were interviewing were not providing information that made sense, they knew to hone in on that. And that gave them the clues to make this arrest.”

Police believe the unnerving incident was planned. Some are asking why investigators are being tight-lipped about the suspects and their motives.

“This case is ongoing. They are working at putting all the facts together,” Coffindaffer said. “We don’t know if there’s other possible co-conspirators, if there’s locations that they’re working on search warrants for. So they want to keep everything pretty close to the vest, so they do not conflict with conducting a good investigation, post arrest of these individuals.”

Meanwhile, community members and law enforcement are relieved the baby appears to be OK.

“Many of us are fathers, mothers; we were not going to give up until we found him,” San Jose police said.

The child’s family has not spoken out about the kidnapping yet.

West

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