KINGMAN, Ariz. Warren Jeffs' attorneys have followed through on their threat to try to suppress any evidence from the raid on the Yearning for Zion ranch in Eldorado, Texas.
Jeffs' attorney, Michael Piccarreta, filed a written motion to suppress the evidence on Sept. 3.
In the motion, Piccarreta stated that Jeffs' Fourth Amendment protection from illegal searches and seizures was violated when Texas officials served the warrants. Therefore the evidence from the Texas raid was seized
illegally and could not be used.
The warrants used to search the property were overbroad and did not pinpoint which areas of the ranch were to be searched, he wrote. They also did not describe what items law enforcement officers were supposed to seize.
He also argued that the warrants were not supported by probable cause and were based on false information.
Texas law enforcement officials knew before the first warrant was served on the ranch that Dale Barlow, the object of the first warrant, was not currently living in Texas and was on probation in Arizona, Piccarreta wrote.
He also stated that Texas authorities were already questioning the phone call that started the raid before the first warrant was served on the ranch.
Texas authorities knew that the phone calls originated outside of the Texas area, he wrote. They traced the calls to the Colorado Springs area where local police told them that the phone number belonged to a woman who had a history of making false reports.
Piccarreta also stated that Texas authorities went through with a second warrant, even though, after three days of searching, they had been unable to find the teen who made the call or the suspect alleged to have committed the crime.
The Mohave County Attorney's Office has not filed a response to the motion yet.