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Tex Parte Blog


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April 08, 2008

Sect lawyers oppose broad law enforcement search

Lawyers for leaders of the Fundamentalist Church of Jesus Christ of Latter Day Saints will argue tomorrow morning before a state district judge that the constitutional rights of their clients were violated during a massive search at the religious sect’s ranch in Eldorado.  The motion before 51st District Judge Barbara Walther argues that state law enforcement officials overstepped their authority while searching “each and every residence, structure, school, vehicle, place of business, temple or other facility.” Church members “consider it a desecration of one of their holiest sites for a non-member to enter their temple,” the motion alleges. “Such a desecration would be irreparable.”  But the district attorney for the 51st Judicial District argues that leaders of the sect have no expectation of privacy during such a search. The search was conducted after authorities received a call from a 16-year-old girl who claimed she was married to a 50-year-old church member and allegedly has a child by that man. So far 401 children who lived at the sect’s compound have been taken into temporary custody by Child Protective Services making it the largest such act by the agency in state history.
-- John Council

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