The FLDS had the right NOT TO BE SEARCHED IN THE FIRST PLACE

A while back, I found the blog "A Stitch in Haste" (not time, I stand corrected). I've no idea what the reason was, I ended up there as a result of my search for something. I have even less of an idea why it is that I clicked the link. I did, I liked something about the blog, and I bookmarked it as one of the 100 some odd blogs I review several times a week. It was a good idea. If You Need "Rights," Then You Don't Deserve Them?

"In response to [Officer] Hurliman’s request to see what was in his pocket, defendant 'reached in his pocket and removed a silver circular rustic metallic tin.' When Hurliman asked if he could look in, defendant became 'very agitated and said "no," ' said the tin belonged to his brother, and then put it back in his pocket. Hurliman told defendant that he believed the tin contained drugs. Defendant told him to 'prove it.'
…
Defendant’s demeanor raised no reasonable suspicion of criminal activity except in one respect — defendant’s objection to and apprehension of Hurliman’s requested patdown and search of the tin."

Those are the basic facts of the case. Drugs were found. This is the court's decision.

"A person’s reaction to a request for consent to search is not sufficient as a matter of law to support an objectively reasonable belief of criminal activity. As here, where a person has the right to refuse consent, the refusal to give consent to a search undoubtedly caused the officer to have a healthy suspicion that defendant was probably in illegal possession of something; but such a suspicion, however well founded, having been aroused merely on the basis of an assertion of one’s constitutional rights, can play no part in creating probable cause for a search. We view defendant’s reaction to the inquiries concerning the patdown and the contents of the tin as merely an unsophisticated attempt to assert his right of privacy. Defendant’s reaction to a request for consent that he is constitutionally entitled to refuse cannot form the basis of reasonable suspicion."

KipEsquire, the Blogger observes;

"There is another negative outcome besides 'being caught' — and that’s 'being searched in the first place.'

Like I said, this case is neither high-profile nor particularly precedential. But it helps remind us that there is in fact a slippery slope regarding searches, subsequent to traffic stops, with less than probable cause."

Kip, found it at Fourth Amendment. This is at the center of the FLDS controversy. Yes, it was a good bet that if Law Enforcement kept looking they would find something, as evidenced by the eventual indictments, but the FLDS had the right NOT TO BE SEARCHED IN THE FIRST PLACE. The only remedy for such violations on the part of Law Enforcement, is to not reward them for overstepping their proper constitutional limits.

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New Raid on El Dorado, like I said there would be.

Take the kids illegally, coerce parents into signing "plans" and then say they're not complying. The San Angelo Standard Times;

"(Texas CPS is) seeking again the removal of eight children in four families, are the broadest release yet of evidence uncovered by investigators at the YFZ Ranch, the Schleicher County compound raided in April after allegations of physical and sexual abuse.

'All four motions have different facts to support them,' said Austin-based CPS attorney Charles Childress, who filed the motions about 1:30 p.m. "Mostly, it's about failure to comply.'"

There is some good news but even that is mixed with bad news. The best news would still be giving up on the case(s) altogether.

"Also today, CPS asked (Retired District Judge Marilyn) Aboussie to end the cases of 32 children 'where there is no evidence of underage marriages in the family.'"

Which reveals that the order the FLDS families apparently "failed to comply" with is most likely, having contact with those people who advocated for or participated in "underage marriage." They're still sticking to their guns that a belief system in and of itself is abusive. UPDATE, the Salt Lake Tribune says that is EXACTLY the cause.

"Texas authorities have asked a judge to place eight children from a polygamous sect back in foster care after their mothers refused to sign safety plans that limit their contact with men involved in underage marriages."

This should, though probably will not, outrage all fundamentalist Christians. What has been said here is that if the state sees a belief as oppressive, and you express that belief, the mere expression of that belief constitutes abuse. At least that's the way I read it.

Just a reminder that your Modern Pharisee said, Texas would move within 60 days to get the kids back, 46 days ago. More →

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Feel the Wrath, FLDS

The state is a terrible monster to fight, in any country, with any form of Government. We don't have a "Good" state and other countries "Bad" ones. They're all bad. We keep ours in check though less so every passing day. One of the reasons why is the terrible power they have combined with human nature. Count on every tidbit of salacious evidence, good or bad, coming out in the next few hours, days and weeks. Regardless of the Supreme Court of Texas' decision;

The Salt Lake Tribune - "The state hinted at witnesses that would create more fireworks and 51st District Judge Barbara Walther, stung by the appellate court's criticism, egged the department on.

The court canceled other status hearings set for the day, but the calendar remains intact for Wednesday, according to a spokesman. Five judges had waded through dozens of cases by noon Thursday, before the Third Court of Appeals ruling brought the process to a standstill."

I thought a Judge wasn't supposed to take a position in a case, she was supposed to hear facts. Clearly not. Clearly there is no pretense of this romantic notion any longer. It's the State, in all it's power, VS the FLDS and it's members. If the results were to be measured by power alone, this would be over already. My wife observed yesterday that if this were Hitler's Reich, they'd be in graves now for almost two months.

Never think we are better than Stalin's USSR, than Hitler's Germany, than Pol Pot's Kampuchia or Idi Amin's Uganda. We are the SAME. Our conventions and our laws keep us safe. We need to uphold them on this front. The FLDS fight for us all.

Hi ho, Hi ho....
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The TIDE IS TURNING, Believe it.

Texas is now in full on abject fear retreat. Will they rally and take the day? That's another story but a politically savvy Governor Rick Perry pulls the plug on this before everyone starts calling him der Führer. He meets with John Kight and is "Shocked, shocked to find out that INJUSTICE is going on here." Grits.

"I'm now fairly convinced Texas will never see any successful criminal prosecutions from the Great Eldorado Polygamist Roundup. They've just screwed it up too badly. Whether the child seizures will stick on the civil side is another matter, but nearly all their evidence for possible criminal prosecutions appears tainted.

I've argued previously why I think the search warrant was based on bogus information, and evidence keeps trickling out that confirms law enforcement knew or should have known the original complaint call was a hoax before they went in."

If you are on the side of individual rights and freedom of religion, which you should be, now is the time, this weekend. Push, push, push. It's still open to a political solution. More →

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