Posted on 04/21/2008 8:04:27 AM PDT by BGHater
An apt description ... except perhaps the "milled species" would be better classified as feline, if you get my drift.
It took me a minute but I got it... : )
The finding of the court in BARBARA BELL JOHNSON, Appellant v. THE STATE OF TEXAS was based upon a call to the police which carries a reasonable expectation of a response, i.e. a reasonable person would expect the LEO to respond. That is why they record the calls, as evidence and to prove the request was made.
Ok fine, but the call to the police did not come from the YFZ ranch. If came from the Vol. Org.
A volunteer org carries no such authority to authorize a warrant less incursion on the YFZ Ranch and a reasonable person would know they are not the owners of the property.
The basis for this is right there in the case as the court cited
Brown v. Texas, 856 S.W.2d 177 (Tex. Crim. App. 1993), teaches us that if a crime "is reported to the police by an individual who owns or controls the premises to which the police are summoned, and that individual either states or suggests that it was committed by a third person, he or she implicitly consents to a search of the premises reasonably related to the routine investigation of the offense and the identification of the perpetrator.
The volunteer organization did not own or control the location in question, i.e. the YFZ Ranch, therefore BARBARA BELL JOHNSON v. THE STATE OF TEXAS does not apply.
Mincey v. Arizona, 437 U.S. 385 (1978), argues that the "emergency aid doctrine" and the prompt "protective sweep" exceptions to the Fourth Amendment's warrant requirement permit police to seize evidence that was in plain view during the course of these legitimate activities. It asserts that "[i]n this case, the evidence collected at the scene was clearly admissible because it was in the plain view of a law enforcement officer during the course of his legitimate emergency activities, i.e. searching for the victim and securing the safety of the area."
More on the Emergency Aid Doctrine cited:
http://www.fourthamendment.com/certgrants.html
Under the emergency aid, or medical emergency, doctrine, law enforcement officers may enter a dwelling without a warrant. The emergency aid doctrine strikes a balance between the rights protected by the Fourth Amendment and the interests of government to access a dwelling to safeguard the well-being of citizens. The doctrine permits police to make "warrantless entries and searches when they reasonably believe that a person within is in need of immediate aid ... [because] '[t]he need to protect or preserve life or avoid serious injury is justification for what would be otherwise illegal absent an exigency or emergency.' " Mincey, 437 U.S. at 392, 98 S.Ct. 2408 (quoting Wayne v. United States, 318 F.2d 205, 212 (D.C.Cir.1963)); see also State v. Frankel, 179 N.J. 586, 847 A.2d 561, 568 (2004) ("The emergency aid doctrine is derived from the commonsense understanding that exigent circumstances may require public safety officials, such as the police ... to enter a dwelling without a warrant for the purpose of protecting or preserving life, or preventing serious injury."). The purpose and motivation for actions performed under the emergency aid doctrine distinguish them from conduct subject to constitutional oversight. Officers who render emergency aid are not serving as peacekeepers or in a law enforcement capacity, but rather as caretakers.
Calm down. No one wants anyone “fried.” But, some of you folks are every bit as delusional as the “Truthers.” There were valid (legal) warrants, and everything was done according to the law—yet the San Angelo Truthers are ignoring that little fact and moving right on to (nonexistent) rights violations.
It’s not about them “looking strange.” It’s about them breaking the law. Actually, probably several laws, considering that some of the children were brought down from Canada for these perverted sexual purposes.
The phone call—as so many have pointed out—is not known to be fraudulent. There was a SERIES of phone calls prior to the raid by someone they haven’t found. Then, for some probably very weird reason, someone else made a FRAUDULENT phone call (after the raid no less) to add to the confusion. They still have not found the original caller, or if they have, they’re not saying (perhaps for her safety). The phoney baloney was found and turns out she was an Obama delegate. So we’re talking about more than one phone call. The last one (after the raid) we know was phoney. The others are simply anonymous.
To say the police should not have responded to an anonymous phone call is also ludicrous. There have always been “tip lines” and even 911 doesn’t always identify the caller with some phones—yet the police (or fire dept.) will usually respond, as well they should.
"emergency aid" No one was bleeding, shot, dying, etc and the calls started on March 29th. Yet the raid did not occur until April 3rd. That is five days later. Not exactly an emergency response.
"protective sweep" during legitimate activities. A protective sweep search can produce allowable evidence from legitimate activities however you have to actually get the police in the door under the criteria stated in the rest of the case. So again, since the volunteer organization that reported to the police was not an individual who owns or controls the premises, there really is not much in BARBARA BELL JOHNSON v. THE STATE OF TEXAS that can apply to the YFZ case.
Did somebody tell you that it did?
A lot of the lathering is the Nancy Grace crowd that hangs out here on FR. Same ones that got all wrapped up in Nicole Smith or whatever her name was - the big girl that was dumb as a box of rocks.
Anyway, ole sourpuss face, the same Nancy Grace that never apologized to the Duke Lacrosse team had an interview gone bad imo with a former kicked out member. Seems he was never aware of marriages to minors in his years there except for a parental approved “2 weeks before the 18th birthday”. He was kicked to the curb because he drank and didn’t abide by community rules, not because he was a man. She was fishing for the salacious gutter stuff that the Nancy crowd here is looking for, and couldn’t get off the phone fast enough when she was provided some sordid detail. LMAO!
Some here just hope and pray that the children have been victimized because it is juicy and salacious. I ain’t that jaded in life that other’s misery brings me happiness. I pray for them to be found in good health, not abused, happy and fulfilled in life, in good spirits and with good morals so that everyone can move on with their lives. I hope the state gets a huge amount of egg on their face for the sake of the children.
I don’t long for them to be abused brainwashed lost souls being raped by 50 year old men so I can feel better about my own religion. That is much of what is going on here.
I hope the accusations and wild assertions turn out to be false, and the rumors and innuendo are put to bed. I hope that although they have different beliefs, they are following the laws. Wouldn’t that be a better ending? For the children’s sake?
Boy, that’s really conclusive. “Could be.” Are all 4 girls pregnant, and already have an 8-month old child? Were any of them treated at the hospital recently for broken ribs?
This Swinton faker obviously had studied a great deal about the FLDS cult. She knew all about Dale Barlow (Google is your friend). Barlow is a popular name in that cult. So is Jessop, onbiously. So, she picks the name Sarah Jessop Barlow. Bingo! Instant credibility! Then it turns out the inbred polygamists have at least 4 possible “Sarah Jessop Barlows” at the YFZ prison camp.
I’m not sure why you deny that Swinton’s fake call prompted the raid. It’s a good thing it did, because now some horribly abused children will get some badly needed help.
First there was no raid, so so stop your hyperbole, and the Texas authorities them selves now say the crazy women call had nothing to do with their investigation.
And where in the world do your get this four girls pregnant stuff. Yesterdays report of the young pregnant girls that had the youngest baby's was a little over 100.
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