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To: LeGrande; Lurker

There’s an ongoing case where FLDS attorneys are asking that all “evidence” taken during the raid be thrown out because it was all snatched illegally. Don’t hear much about it in the MSM, naturally, Isn’t it amazing how so many FReepers are in bed with the government and the media on this case?


112 posted on 08/22/2008 12:30:21 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: Saundra Duffy; Lurker

Yes My guess and several Lawyers that I have talked to all think that in light of the Appeals court and Supreme court ruling, evidence obtained from the first warrant will definitely be thrown out. Fruit of the poison tree and all that.

The question then becomes whether the Second Warrant stands since it was based on the first warrant. If they actually saw crimes committed then it will stand and they can probably claim that the evidence was collected under the jurisdiction of the second warrant. The problem for the State is that also according to the Appeals Court and Supreme Court they didn’t see crimes being carried out.

The second warrant has a much better basis than the first. If they can separate the two warrants then the State probably can use the evidence. The other problem for the State and FLDS is the difference between Civil and Criminal statutes. They seem to be intermingling the two and they are entirely different law.


118 posted on 08/22/2008 4:47:36 PM PDT by LeGrande
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