Free Republic
Browse · Search
News/Activism
Topics · Post Article

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
[ Post Reply | Private Reply | To 112 | View Replies ]


To: LeGrande

I am waiting to see what comes of all that.


130 posted on 08/22/2008 7:51:41 PM PDT by patton (cuiquam in sua arte credendum)
[ Post Reply | Private Reply | To 118 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson