[sam_paine]

CPS spokesman Darrell Azar said... "What matters is what we found there. We found a number of children as young as 13 who were being married and were giving birth to children and who were sexually abused and the judge agreed," Azar said.

"So it doesn't really matter what happens with that situation. Once we get a report, we're obligated — legally and morally — to investigate," he said.

[MizSterious]

The calls you asked about on the other thread—apparently it’s still up in the air.

[org.whodat]

An anonymous call that turns out to be a hoax "is completely after the fact and has no legal relevance," said Sandra Carnahan, who teaches criminal procedure at Houston's South Texas College of Law. "The issue will be whether the (search) warrant is valid on its face."

This lady has it correct. End of story!

[TLI]

If the calls turn out to be fake, some criminal defense lawyers said they doubt any criminal charges that may be filed in the case would stand up in court.

An anonymous call is not sufficient to grant a search and seizure, Houston lawyer Charles Portz said. "That's not probable cause. What other proof do they have?" he said.

State officials are confusing family law standards governing the interests of children with criminal conduct involving abuse with children, Harrington said.

Sandra Carnahan, who teaches criminal procedure at Houston's South Texas College of Law. "The issue will be whether the (search) warrant is valid on its face."

Completely wrong guy on the arrest and search warrant. He was never there, didn't marry any underage girl

Witness / victim probably does not exist. The entire story is probably just a fabrication.

No petitioners signature on the warrant.

If I were the judge that got conned into signing off on that first warrant I would be PIZZED.

This thing is unraveling like a cheap sweater.

[Chode]

depends on the Truthyness of it...

[SouthTexas]

Question:

In the original calls, "Sarah" (real or unreal unclear at present) said she was beaten and taken to the hospital.

This day and age with the child abuse laws and family laws that protect those abuse, there should be some sort of record, if not a police report.

Is there?

[metmom]

Flying Immans Ping

[wardaddy]

in an answer yes....with regards to validity of the warrant

and the evidence obtained with faluty warrant

and it will take a Fed judge to rule this probably....some state robe will probably punt it

now a crafty county attorney-AUSA might be able to wiggle some of what they found into evidence

some sort of plain sight or preponderence or collateral cause argument

[HamiltonJay]

I can’t imagine it would matter.... As long as law enforcement did not know the call was fake at the time and they did not create the fake call themselves.

The call gave them probable cause for the warrant, the warrant was legally executed, then if evidence of criminality was found on its execution its hard to argue “fruit of the poisoned tree” when none in the legal chain knew that anything about their probably cause was faulty or false.

I suppose, and would assume, if the tips that lead the warrants were fake, that lawyers for the sect would attempt to make that argument, but I don’t see how they can make it stick. Unless you can show that law enforcment/judge knew the information was not legitimate and acted anyway, I don’t see anything that would short circuit the evidence of crime, if any, that was found.

[CodeToad]

There is a thread on FR whereby the USSC has stated that even under an unlawful or false arrest and resulting search is legal. So, even IF the calls were bogus or the initial warrant was bogus, anything the CPS guys say is valid.