Arizona defends evidence

"Under the guise of looking for a man they knew was not there and a child that did not exist, the Texas authorities conducted a general search to see what they could find," Wright and Piccarreta wrote. "The United States and Arizona constitutions clearly prohibit the use of any such illegally obtained items against Mr. Jeffs."

Jeffs' attorneys mischaracterize the nature of probable cause, Smith countered, defending Texas authorities' belief that they were looking for an actual victim and perpetrator.

"Search warrant affidavits do not represent the end of a criminal investigation, in which contested issues of fact are resolved by a jury in determining guilt or innocence," he wrote. "Rather, search warrant affidavits are presented in support of investigative tools that are used as part of a criminal investigation to determine whether criminal violations have occurred."

Lawyers for FLDS Church in Texas recently backed off their challenge to the search warrants served on the YFZ Ranch, acknowledging the church itself is not a defendant. Nine men indicted by an Eldorado grand jury on sexual assault, bigamy and other charges could also file their own challenges to the search warrants, FLDS attorneys said. Jeffs is among the indicted men.

A federal search warrant was also executed by the FBI on the last day of the raid.

Jeffs was convicted in Utah of rape as an accomplice for performing a marriage between a 14-year-old girl and her 19-year-old cousin. He was sentenced to a pair of 5-to-life terms.

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E-mail: bwinslow@desnews.com