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Confidence in polygamy search warrant now shaky
SCRIPPS HOWARD NEWS SERVICE ^ | 4/24/2008 | PAUL A. ANTHONY

Posted on 04/25/2008 12:41:31 PM PDT by Jim W N

Revelations that the March 29 phone call that sparked a raid on a West Texas polygamist compound may be a hoax have led prosecutors to doubt the reason for the original search-and-arrest warrant that granted authorities access to the Yearning For Zion Ranch.

(Excerpt) Read more at shns.com ...


TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: 2late; allyourkids; arebelong2government; flds; hoax; polygamy; videogames
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To: Uriah_lost

not so fast. If I was arguing against this warrant in court the fact the person is specificly findable out of state and on a predator list AND ON PROBATION without violation causes a serious pause.

KEEP IN MIND THERE ARE TWO WARRANTS, the second warrant was issued to be a backstop to the defects of the first warrant and if you read it you see plain view language to try and insulate the discoveries.

IF the authorities were smart, which to date they have not been, they should simply admit the defect and try and salvage what they can.

Lets not forget a quick federal warrant was issued and there was a waiver of the defects in the first warrant.

We don’t want to get bogged down in moot points.

I think the DNA results are going to be a very interesting chart.


61 posted on 04/25/2008 1:48:31 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: MEGoody

Cart before the horse, FRiend, cart before the horse.

You have to have EVIDENCE, then trial and conviction, then you take away kids.

I despise polygamy and child molestation, but you have to have EVIDENCE of crimes before you can seize/arrest/convict/penalize.

If I understand it correctly, the FLDS was very careful to only register one marriage per person/couple. Any other “marriages” were not colored by civil process, so no “legal” violation of the polygamy statues were done.

Tell you what: I don’t think your children are actually yours, and I suspect you and your spouse are sleeping with everyone in the neighborhood. Buy your logic, I should have the State bust your doors down, haul you and your kids (and the rest of the neighbors too) off to be interrogated, tested, separated, and housed/schooled against your religious convictions and all the men in the area jailed. Lives are irrevocably disrupted and altered, all based on my “feeling” that something illegal is going on over there.

Sorry, but in a free society, we must hold the organs of goobermint to a higher standard.


62 posted on 04/25/2008 1:48:40 PM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: TheDon
Photobucket
63 posted on 04/25/2008 1:53:18 PM PDT by greyfoxx39 (Are there any WOMEN FReepers who agree that the 1st. Amendment OKs sexual slavery?))
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To: JRochelle

I was referring to polygamy. I do not dismiss a governmental need to protect children below a set age. If all that was going on, why weren’t they in there before?


64 posted on 04/25/2008 1:53:18 PM PDT by purpleraine
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To: Jim 0216
""If it were true that the female who identified herself as Sarah is not really Sarah, I do not feel that would be enough to (invalidate) the search warrant," Palmer said."

I notice you didn't include this little snippet. Hmmm.

65 posted on 04/25/2008 1:55:51 PM PDT by MizSterious (The Republican Party is infected with the RINO-virus)
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To: JRochelle
Unless they knew the woman was a fake, this doesn’t matter. Thank God. This woman may be crazy but she did those young girls a huge favor.

Scary thinking. I sort of LIKE my 4th and 5th Amendment rights. I'm not inclined to celebrate the revocation of the Bill of Rights in ANY case.

66 posted on 04/25/2008 1:56:13 PM PDT by DesertSapper (God, Family, Country . . . . . . . . . . and dead terrorists!!!)
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To: swain_forkbeard

Yup. My point entirely.


67 posted on 04/25/2008 1:57:08 PM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: TheDon
"I do believe that Sarah exists," she said. "There were many Sarahs.

New definition of probable cause?

68 posted on 04/25/2008 1:59:07 PM PDT by Fido969 ("The hardest thing in the world to understand is income tax." - Albert Einstein)
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To: WayneS
The didn't arrest anyone as far as I know. They did remove the children from the custody of the adults, because of the allegations of abuse.
69 posted on 04/25/2008 1:59:57 PM PDT by MizSterious (The Republican Party is infected with the RINO-virus)
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To: JRochelle

unfortunatly the police are required to do a bit of digging. There is such a thing as culpable negligence in NOT investigating.

It does matter.

What we need to be focusing on is the waiver the FLDS lawyers granted to the warrent’s defects. It will be much easier to push the credibility of the SECOND warrant if they authorities admit the first on is deffective and travel under the second warrant based on their observations.

If the authorities continue to push the notion of adequacy of their duties in the first warrant they will risk losing the second warrant.


70 posted on 04/25/2008 2:00:22 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: greyfoxx39

Oh no, I’m being cyber-stalked by a MDS sufferer! :-)


71 posted on 04/25/2008 2:00:44 PM PDT by TheDon
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To: clee1
You have to have EVIDENCE, then trial and conviction, then you take away kids.

So the kids what. . .sit at home by themselves while mom and dad are in jail awaiting trial? Nah, these folks belong in jail. It's way past time.

I despise polygamy and child molestation, but you have to have EVIDENCE of crimes before you can seize/arrest/convict/penalize.

The authorities have had plenty of evidence of polygamy for years. They should have acted on that alone some time ago.

Any other “marriages” were not colored by civil process, so no “legal” violation of the polygamy statues were done.

LOL Then they were in violation of laws against adultery. They're still lawbreakers.

Buy your logic, I should have the State bust your doors down, haul you and your kids (and the rest of the neighbors too) off to be interrogated, tested, separated, and housed/schooled against your religious convictions and all the men in the area jailed.

Oh, you can go to the cops if you want. Thing is, there's no evidence in my case. There was more than enough evidence in the case of the FLDS. That's why they kept moving from state to state. The authorities would get sick of what they were doing, and the threat of a crack down loomed, so they moved.

Sorry, but in a free society, we must hold the organs of goobermint to a higher standard.

Yes, and I hold the authorities of Utah and Arizona responsible for not acting on this cult sooner.

72 posted on 04/25/2008 2:01:34 PM PDT by MEGoody (Ye shall know the truth, and the truth shall cause you to vote against the Democrats.)
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To: TheDon
Oh no, I’m being cyber-stalked by a MDS sufferer! :-)

Just a coinkydink I ended up just as you dropped your spam post....

I don't "suffer" from Menopausal Delay Symptoms" (do you?) but I believe in meeting fire with fire, and spam with spam!

73 posted on 04/25/2008 2:04:26 PM PDT by greyfoxx39 (Are there any WOMEN FReepers who agree that the 1st. Amendment OKs sexual slavery?))
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To: WayneS
Now I learn that the WHOLE DANG GROUP is a bunch of polygamizing criminals.

There is a difference between the young girls who are forced into these marriages and the adult women who continue to participate in them and are complicit in forcing other underaged girls into these situations.

Apparently, not everyone on FR is smart enough to be able to discern the difference.

74 posted on 04/25/2008 2:14:10 PM PDT by MEGoody (Ye shall know the truth, and the truth shall cause you to vote against the Democrats.)
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To: JRochelle
They got the warrant in good faith. That is what they have said. So if you have evidence that is different than that, well bring it forward.

Here is what the other side has to say, in a motion from the FLDS church regarding the raid. They assert, among other things, that even though the executing officers of the warrants knew that Dale Barlow was in Arizona, and he had already been interviewed by Arizona CPA agents, they neglected to inform the Court of that fact when seeking the second warrant.

As would be expected their side of the story differs from that of the government and is interesting reading. In addition, there is quite a bit of detail regarding the almost certain source of the fake abuse calls in Exhibit 1, which is the arrest warrant for Rosita Swinton. The law enforcement affidavit in that warrant details the evidence against her.

FLDS motion discussing search warrants

75 posted on 04/25/2008 2:22:46 PM PDT by freeandfreezing
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To: JRochelle
Investigation into the false-report allegations is ongoing, said Tom Vinger, spokesman for the Texas Department of Public Safety, downplaying somewhat the significance of the same person's arrest on separate misdemeanor false-reporting charges.

"If we knew that (she made the March 29-30 phone calls), we would have filed an arrest warrant for her," Vinger said. "People can read in what they want to read."

This grasping at straw by this cults supporters is something else. They seem to not be able to understand the world may be and could. They also mean may be not and could not.

The truth is that the LEO'S know what cell phone tower in the united state the first calls call originated from. If it had been anywhere near that bimbo in Colorado she would be in jail.

76 posted on 04/25/2008 2:22:50 PM PDT by org.whodat (What's the difference between a Democrat and a republican????)
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To: clee1
This kind of tactic by our supposed “civil servants” stinks to high Heaven and has no place in a supposedly free society.

Couldn't agree more.
I wonder who's up for re-election soon in those parts? This kinda has a Nifong stink about it.

77 posted on 04/25/2008 2:29:25 PM PDT by Ignatz (I actually said that with a straight face.)
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To: sportutegrl
How is pulling a 3 month old off of it’s mother’s breast doing it a favor?

From what i have read, but I've been away a couple of days, that is an out right lie.

If you have proof of it where is the link.

78 posted on 04/25/2008 2:30:17 PM PDT by org.whodat (What's the difference between a Democrat and a republican????)
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To: clee1
You have to have EVIDENCE, then trial and conviction, then you take away kids.

No reason to read any further, you have no concept of protective custody laws in the country.

79 posted on 04/25/2008 2:36:07 PM PDT by org.whodat (What's the difference between a Democrat and a republican????)
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To: MizSterious
""If it were true that the female who identified herself as Sarah is not really Sarah, I do not feel that would be enough to (invalidate) the search warrant,"

Palmer said."I notice you didn't include this little snippet. Hmmm.

But to have included that would have destroyed the fist line of BS.

The cop in the story does all but say this whole thing of the bimbo being the caller is BS.

80 posted on 04/25/2008 2:39:09 PM PDT by org.whodat (What's the difference between a Democrat and a republican????)
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