During its investigation, Texas authorities have said they have uncovered evidence of physical and sexual abuse among children. Cassell said courts have upheld that if law enforcement sees evidence — even if it's evidence of a completely different crime than what the search warrant suspected — that evidence can still be used in court.

"They don't have to avert their eyes of evidence of other wrongdoing," Cassell said. "They have to show probable cause to be pulling up fish, but if they're looking for a bass and they find a salmon, they don't have to throw the salmon back."

Cassell said courts have allowed state agencies to share information, meaning evidence gathered in a child welfare investigation can later be used in a criminal one.

FLDS members will have a chance to challenge the evidence if criminal charges are filed. But Cassell and Skordas both say that will be the last thing to hit the courts. The most immediate thing the courts are concerned about is the safety of the children and establishing some sort of permanency.

"You can't fight city hall," Skordas said. "The FLDS haven't done themselves any favors either because they're so secretive."

Skordas said the best thing FLDS members could do right now is fully cooperate with authorities in their investigation, because that would likely result in getting their children back sooner.

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E-mail: gfattah@desnews.com