john283594: blog 
john283594's blog
raid on polygymist compound based on bogus phone call?
Published Apr. 21, 2008
http://www.sltrib.com/ci_8969094
Police arrested Rozita Estraletta Swinton, 33, at her Colorado Springs apartment Wednesday in connection with a February call to police there in which she pretended to be a young girl being held in a basement, said Colorado Springs police Lt. Skip Arms.
Investigators also executed an evidentiary search warrant at Swinton's home and seized a number of items that indicated a possible connection between her and calls regarding the FLDS compounds in Colorado City, Ariz., and Eldorado, Texas, the Texas Rangers said Friday in a press release. The items, which were not identified, will be evaluated and analyzed at various crime labs in Texas.
Swinton's arrest came after the Texas Rangers contacted local authorities about a possible connection between Swinton and the raid on the Fundamentalist Church of Jesus Christ of Latter Day Saints ranch earlier this month, Arms said. She remained at large Friday after posting a $20,000 bail from the El Paso County Jail.
Texas officials removed 416 children from the sect's ranch after the NewBridge Family Shelter received calls on March 29 and 30 from someone claiming to be a 16-year-old FLDS girl named Sarah. The girl, whom authorities say they have yet to locate.
Thought I would blog about this since most major news sources are ignoring this breaking story. It seems that there was never a Sarah being abused at the compound. It puts a new light on this mess...
Of course I am against child abuse and there does seem to be a lot of "red flags"(No legal papers on the children to tell exactly who they are) But lawyers are going to have a field day if the probable cause for going into the raid was based on a phony call...
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No problem
GOLO member since September 6, 2007
April 21, 2008 4:11 p.m.
GOLO member since January 2, 2008
April 21, 2008 4:01 p.m.
And I'm not really a lawyer. I just play one on TV ...
1) TCPS doesn't require a court order to seize the children, just a reasonable belief that they're in danger of being harmed. It doesn't require a warrant. In fact, according to TX state law, they were mandated to investigate the allegations.
2) If a police officer has an objectively reasonable belief that a magistrate had probable cause to issue the search warrant, even if an affidavit doesn't provide the magistrate with probable cause, the evidence can still be used.
There is no indication that law enforcement officers in this case did not rely on good faith on the search warrant, so the warrant is good. The Supreme Court agrees with me on this one.
GOLO member since September 6, 2007
April 21, 2008 3:57 p.m.
actually this statement is correct. The tip that was called in was bogus and therefore the investigation and warrant serve will hold no validity in a court of law. Mark my words- this case will be dropped by the DA very soon. Maybe then they can follow the correct procedures and get these men who are committing these crimes. Unfortunately, it wont be on this raid.
GOLO member since October 19, 2007
April 21, 2008 3:48 p.m.
No, it will be a case of the state having issued a limited warrant, and discovering additional evidence of wrongdoing which wasn't predicated on the scope of the original warrant.
How tenable the original warrant turns out to be will depend whether probable cause was established solely on the basis of these phone calls, or whether additional independent factors contributed.
This is a child welfare case, and in such instances, state agencies are typically given broader latitude to intervene than that found in a criminal scenario.
GOLO member since September 6, 2007
April 21, 2008 3:44 p.m.
GOLO member since July 4, 2007
April 21, 2008 3:41 p.m.
GOLO member since November 14, 2007
April 21, 2008 3:36 p.m.
Not entirely accurate in this scenario
GOLO member since September 6, 2007
April 21, 2008 3:33 p.m.
GOLO member since July 4, 2007
April 21, 2008 3:22 p.m.
The "men" or rats have fled the ship for the most part however they did speak to CBS:http://www.cbsnews.com/stories/2008/04/21/earlyshow/main4029811.shtml
GOLO member since January 2, 2008
April 21, 2008 3:08 p.m.
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