Thursday, May 01, 2008

Taking on "Find Law" over the FLDS Fiasco

Thanks to my friend Robert Kirkpatrick, for finding this one. It's not a RESCUE, it's ABUSE, by Texas.

The Rescue of Children from the FLDS Compound in Texas: Why the Arguments Claiming Due Process Violations and Religious Freedom Infringement Have No Merit

"The Due Process Argument: Whether or Not the Caller Was Legitimate, the Important Point is the Lack of Any Government Misconduct and the Serious Evidence of Crimes to Children

There are now allegations that the calls to the authorities spurring the raid were placed by a woman who was not within the YFZ compound. Even if proven, however, this claim would not affect the validity of the authorities' actions. Absent clear evidence that the state fabricated the call or misled the judge who granted the initial search warrant, neither of which seems remotely plausible, the entry cannot be faulted on constitutional grounds. Once the authorities were inside, the evidence of criminal behavior was so plainly apparent that further investigation was more than warranted."

Not being a lawyer, and only a pharisee, I must go carefully but it seems to me that Ms. Hamilton does not present a complete case. There was no informant for instance, inside. Sheriff Doran has a warrant for the perpetrator, who he knew was not present. There is the additional question of how much did Texas know and when did they know it regarding the location of the call and who made it. I am CERTAIN that Sheriff Doran and the Texas CPS has had it's share of false alarms. Are we saying they have no obligation to verify in the face of increasing evidence that bare minimum the report was fake? How can Dale Evans Barlow be holding someone inTexas when he hasn't visited during the LIFETIME of the supposed victim? Marci makes a case that suspicion alone warrants invasion. Suspicion that has no foundation. Essentially one of the members of CPS can just say, "I'm SURE of it" and launch a search. Based on the statistics at WorldNetDaily, I guess they can go anywhere anytime if there are a large number of children in one place. Then there is the whole issue of "eyeballing" as discussed by "Prairie Fire."

Since it is clear that Texas and the CPS Gestapo and Sheriff Doran knew the man the warrant was for, was not there, since they have employed the questionable age verification technique of "eyeballing" since the probably knew it was not a local number from which the tip came, and since we have yet to hear whether or not one of the three, (no two, um maybe one) girls they saw pregnant was one of the ones they "eyeballed" initially, which they feel is their reason for continuing the search, I'd say there is a lot of question. Since, as I and a number of others believe, with excellent reason, that Texas was there without cause, and found no cause while they were there. It should be over. You can't keep looking for a crime when you haven't found one yet and a pregnant 15 year old is NOT prima facie evidence of a crime. They haven't even found one of those yet.

Sphere: Related Content

No comments: