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What happens when a person goes missing?

Preliminary investigation After receiving a missing person report, police will attempt to find the person in question, which may include reaching out to the person who placed the initial call as well as friends and family. They may also check local hospitals and jails.

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ST. CLOUD — Many of us are familiar with our inalienable rights: life, liberty and the pursuit of happiness.

But American adults have another, lesser-known right: the right to go missing.

"If you, as an adult, want to take off and need some time alone, you're entitled to do that," said St. Cloud Police Assistant Chief Jeff Oxton. "That's the right to go missing. And that can generate legitimate, and sometimes illegitimate, concerns from others." According to Oxton, most cases of missing adults in St. Cloud, and in Minnesota in general, are resolved without incident. "Most missing persons, we find them to be OK. We find that there's been a misunderstanding, or there was another reason they weren't where they were supposed to be," Oxton said. But that doesn't necessarily mean that all missing persons cases are resolved quickly. The St. Cloud Police Department is still looking for the public's help locating 51-year-old Adam Paul Peckham, according to Oxton. Peckham was last seen on the afternoon of July 25 in the Cloverleaf Trailer Park off U.S. Highway 10. He is believed to have left the park on a bicycle, and did not arrive to work that afternoon. He has not been seen since.

What happens when an adult goes missing? And when the trail seemingly goes cold — what happens then?

The first two hours

It's a common misconception that adults must be missing for 24 hours before a concerned party can report their disappearance to police. Oxton said that especially "when there's a (reporting) delay for some reason, or something bad has happened, the first two hours are critical." "There's just not (a waiting period,)" Oxton said. "And I think that comes back to, you know, people see it on TV, or whatever, that they have to be missing for 24 hours. But that's just not true." According to statute 299C.53 within the Minnesota Missing Persons Act, upon receiving a missing persons report, unless they have direct knowledge that the person in question is not missing, police must begin an investigation regardless of how much time has elapsed since the person was last seen. "I've been doing this for 25 years, and in all my time, if I got (a missing persons) call, my response has never been, 'Well, they have to be missing for 24 hours,'" Oxton said. A good rule of thumb? Follow your gut. If something feels off about a person being out of contact or not showing up when and where they were expected, call the police.

Preliminary investigation

After receiving a missing person report, police will attempt to find the person in question, which may include reaching out to the person who placed the initial call as well as friends and family. They may also check local hospitals and jails. Often, Oxton said, the person will be located safe and sound, and the report resolved as a simple misunderstanding.

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Police may also find that the person is exercising their right to go missing. "Sometimes the investigation comes back with, 'Nope, they're just fine, they moved and just wanted to get away from everybody,'" Oxton said. But in other cases, the missing person is considered to be "endangered," a term which introduces an additional element of urgency to the case.

When is a missing adult considered endangered?

"Endangered" is a legal term defined in statute 299C.52, where many examples of possible factors are listed. But, as every case is unique, police are expected to make informed judgment calls about whether the missing person is at risk of injury or death.

Again, the right to go missing comes into play when determining endangerment.

Unlike missing children, who are almost always considered endangered due to their age and vulnerability, adults of sound mind and body may legally decide to disappear. Some missing persons are clearly endangered from the moment the report is made — if they were seen being forced into a vehicle, for example — while other circumstances are less obvious. Medical concerns, like diabetes or dementia, can result in a missing person receiving endangered status. "If you hear a person is diabetic and needs insulin, but their insulin kit is not with them ... that (level of endangerment) just went up a lot, because we now know they don't have the ability to care for their medical needs," Oxton said. Other circumstances, like relationships with those known to be violent, may also contribute to ruling a missing person endangered. "If we find out that this person has a very rough relationship with somebody, there's been some threats that have been reported to police, and now they're gone, that's definitely going to make us go down that (possibly endangered) road," Oxton said. Once a person is determined to be missing and endangered, police immediately inform the Bureau of Criminal Apprehension, which will then offer assistance in the investigation as needed. Endangered or not, any person reported missing who cannot be contacted or located by police will be entered into the National Crime Information Center (NCIC) database as a missing person with any context or circumstances relevant to the investigation.

What happens once entered in the database?

"There is some urgency in getting them entered," Oxton said. "This helps you clarify (the situation) sooner, potentially. ... If somebody runs across them two hours away because of a traffic stop, we can get it all sorted out much earlier." Once entered in the database, the person in question is flagged as missing and, potentially, endangered when police run their name through the system. Police can also use the information in the database to determine if the person, once found, is a danger to themselves or others.

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Oxton gave a fictional example: A boss reports an employee missing from work, but she knows the employee previously told a co-worker they wanted to hurt themselves. Being able to quickly enter that person into the database, including the necessary context of possible self-harm or suicidal thoughts, could potentially save a life. "Maybe (law enforcement) finds them up in Fargo, and then they can take them to the hospital," Oxton said.

What happens when a case goes cold?

Until a missing person is found, their entry in the NCIC database remains active, according to Oxton. And once entered, police don't stop investigating the disappearance. There are leads to chase down, interviews to conduct, and possibilities to explore. "If we're not getting any leads, we do sometimes fall into a holding pattern, or that's when we'll reach out for the public's help," Oxton said. Help from the public can, and often does, lead to vital breaks in missing persons cases. But, inevitably, some cases do go "cold," with no new, viable leads to follow. Of course, "cold" doesn't mean "closed," nor does it mean "unsolvable" — Central Minnesota's most famous missing person case, Jacob Wetterling's disappearance, was solved after nearly 30 years without answers. But the family and friends of missing persons can, and often do, turn to the internet for additional help investigating, as well as for community support. NamUs.gov catalogs unresolved missing, unidentified and unclaimed persons for public viewing and use. The database has directly aided the resolution of 2,362 missing persons cases, 1,734 unidentified persons cases, and 46 unclaimed persons cases nationwide. The Doe Network, which allows civilians to search unsolved missing person and unidentified body cases and submit possible matches, has solved or assisted in solving 87 cases since its inception in 1999. While it's true that adults have the right to go missing, Oxton says police don't treat missing adults cases with any less urgency and dedication: "We put all our resources into it." Follow Alyssa Zaczek on Twitter: @sctimesalyssa, email her at azaczek@stcloudtimes.com, or call her at (320) 255-8761.

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