From Deseret News archives:
Legal experts say what FLDS can do now is cooperate
The main reason is that states typically give broader powers to state officials regarding child welfare than criminal investigations.
"We tend to view this as a criminal investigation, but the authorities down in Texas are involved in a child welfare action," said former federal judge and University of Utah law professor Paul Cassell.
Cassell said when it comes to making sure children are safe, the court will want to review any evidence possible to ensure what it's doing is in the best interest of the children.
Challenging such evidence within a child welfare case is difficult. Unlike a criminal action, the legal standards for throwing out evidence is much lower. "It's the law in many jurisdictions that you cannot suppress evidence in a child protective action," Cassell said.
That's not to say that the case won't turn into a criminal one. If that happens, Cassell said attorneys for FLDS members can then challenge its admission.
One common question surrounding this saga has been the basis for the search warrants. The raid on the YFZ Ranch was prompted by phone calls by someone claiming to be a 16-year-old named Sarah Barlow. The teen said she was pregnant and in an abusive, polygamous marriage to a man.
During the raid, Texas authorities didn't find Sarah, but say they uncovered signs of abuse and a judge ordered all of the children removed and placed in state protective custody.
Authorities in several states are now investigating a Colorado woman, who, they say, has a history of posing as abused young women. They now suspect this woman may have posed as Sarah.
But wouldn't that invalidate the search warrant?
Not necessarily, says Cassell.
"The government doesn't always have to be right with the search warrant, it just has to be reasonable," Cassell said.
Salt Lake defense attorney Greg Skordas agrees, saying as long as law enforcement is acting on "good faith" that the information they are acting on is correct, the warrant is valid.
Cassell said history can also play a part. For example, if police act on information that a man with a court history of drug dealing is dealing out of his home, that can be taken into consideration in supporting their reasons for a warrant even if that information later turns out to be bogus.
In this case, FLDS members have been charged and convicted in the past for arranging underage marriages to young girls. That can play a part in Texas upholding its search warrants as valid.
