Texas polygamist raid based on defective warrant?
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Grits is all over the story that the search warrant and accompanying affidavit used to enter and search the polygamist compound headed by the now convicted Warren Jeffs may be illegal.
For starters, the initial warrant named the wrong person. Dale Barlow, the 50-year old man who an anonymous phone call accused of marrying and assaulting an underage girl. Barlow is actually on probation living in Arizona, says he’s never met the girl in question, and has not been arrested.
Indeed, they can’t even find the 16 year old girl who’s phone call set off the whole chain of events. None of the information on which authorities based the raid appears to have panned out. The error regarding Barlow in the warrant could easily wind up creating a “fruit of the poisonous tree” situation where none of the evidence from the compound searches can be used in court.
So if the first warrant targeted the wrong person, and the second, expanded warrant was based on observations from the first, I don’t see how these warrants stand up in court, though maybe some attorneys in the crowd have additional thoughts. Several criminal defense lawyers interviewed on CNN also questioned the breathtaking scope of the warrants.
As a commenter correctly points out, the exact scope of the warrants will need to be seen to determine if they are indeed illegal. Grits also raises another interesting issue about whether some of the laws the sect has been accused of violating were passed specifically as a challenge to their religious beliefs.
This Texas mess just got a lot more interesting.
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I’m not as well-versed at the ins and outs of exceptions to exclusion, but I would think that witness testimony would obviate a lot of the problems with a bad search.
The First Amendment issue doesn’t seem to hold a ton of water. I think the botttom line is that, no matter what the motive of a statute, a state gets to protect minors from sex with adults.
To a point, though, right? What if state law permitted consensual sex between anyone above the age of 14. Then this sect moved into town and the legislators didn’t like their other practices (albeit legal). So to “get” them, they changed the age of consent to 16, knowing that people of this sect got married at 15. Would that still be legal? Should it?
The married bond may create some constitutional issues. Who knows? But any marriages after . . . .
This is another travesty of justice by Texas.Texas is notorious for this type of legal behavior.
I am now seeing that the children have been moved to a place called Cal Farleys Boys Ranch.A place that abused me repeatedly over 30 years ago.Where was the state then?I can tell you they would not listen.
There has been NO PROOF shown that these people have done anything other than follow their religion.And yes the outside world is full of satanic and evil forces….the government is wrought with it.Does anyone remember WACO?I say produce the witness,that they cannot find.It is a cheap shot to take an anonymous call as proof.Washington,Adams and the other patriots of this great country are rolling in their graves over this fascist crap.I dont Sam Houston would care for it either.
Remember folks they are INNOCENT until PROVEN guilty without a reasonable doubt by a court of law.This is just more proof of an out of control judicial system that is for sale to the highest bidder.
Just wanted to say thanks for the way you worded you comments. Does anyone else care that what our Gov’t is doing in Texas with these people is so wrong in so many ways? I’m disgusted by the complete disregard for the feelings of these innocent people- Can we just stand back and watch as they are tortured for what they believe in?