Thursday, February 05, 2009

The Law of Unintended Consequence and Rozita's Arrest Warrant

Was Rozita's home illegally searched as well?
This is one of those "I'm not an attorney" speculations but what would be the effect of a known falsehood, told by Law Enforcement in the affidavit supporting a search warrant?

Nope, not the warrants used to get into YFZ, but the warrant used to get into Rozita's home, confiscate her things, and arrest her.

See if you can pick out the false statement.
"On April 13, 2008, I was contacted by Sergeant Hugh Velasquez (1514D) regarding information he had obtained from Sergeant Sean Mandel. Sergeant Mandel told Sergeant Velasquez he had been contacted by the Texas Rangers in regard to their investigation into the Yearning for Zion (YFZ) Ranch. Sergeant Mandel related Texas Ranger Brooks Long had advised he had two cellular telephone number listings from the Colorado Springs area (719-351-0913 and 719-243-2866). Sergeant Mandel was aware that the phone number, 719-351-0913, that was possibly related to the reporting party for the YFZ Ranch incident in Eldorado, Texas, was also identified in a prior CSPD case report."
Oh look, I did it for you. Sean Mandel says he DID NOT speak to the Texas Rangers. He specifically states he did not talk to Brooks Long.

The affidavit contains a known falsehood. Does this mean all the evidence connected to THAT raid will be disallowed? Should I call David Foley and give him a hand? Just thinking perversely here.

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1 comment:

kbp said...

Interesting thought, but the courts would let it slip I'd think.

Anyway, for the time being, I do not recall that her probation violation had anything to do with the SW.