| Judge weighs evidence on legality of Jeffs' traffic stop | |
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By Patrice St. Germain patrices@thespectrum.com | |
ST. GEORGE - A memorandum filed by the Washington County Attorney's Office argues a traffic stop that resulted in the apprehension of Warren Steed Jeffs did not exceed the Nevada State Code, which imposes a 60-minute limit on investigatory detentions. But a memorandum filed by Walter Bugden, Jeffs' attorney, states that because the temporary license plate number was clearly visible - although the expiration date was partially obstructed - the stop was unreasonable at its inception. The motions for and against the suppression of evidence seized when Jeffs was arrested last year were filed at the request of Judge James Shumate, who said during a June 13 court hearing that he is no expert on Nevada law and directed attorneys to submit memorandums by June 25 on Nevada and federal laws pertaining to traffic stops before making a decision. Attorneys from both sides declined comment. At issue is the length of time Jeffs and his party were detained when Nevada Highway Patrol trooper Eddie Dutchover was unable to retrieve information on the vehicle and driver Isaac Jeffs because dispatch computers were not operational at the time of the stop. The stop resulted in the arrest of Jeffs, who at the time was a fugitive from justice. Jeffs has been in Purgatory Correctional Facility since September and is facing two counts of rape as an accomplice in Utah. The charges allege Jeffs, the leader of the Fundamentalist Church of Jesus Christ of Latter Days Saints, a church whose tenet is the practice of polygamy, arranged a marriage between a 14-year-old girl and her 19-year old first cousin, who at the time were members of the FLDS Church. In the memorandum filed in 5th District Court yesterday, Washington County Attorney Brock Belnap argues any detention that exceeds 60 minutes must be supported by probable cause. In the memorandum filed by Belnap concerning federal and Nevada state law on traffic stops, the state's argument is that the court should deny the defendant's motion to suppress because the traffic stop was lawful from its inception. Suspicious circumstances encountered by Dutchover increased rather than dissipated during the course of the stop, Belnap claims. Bugden, on the other hand, said a traffic stop based on an officer's mistake of law is unreasonable from its inception and the stop must be based on reasonable suspicion that the driver has committed a traffic violation. In his memorandum, Bugden writes that the stop was unreasonable at its inception because it was not based on a violation of the statutes proffered at the suppression hearing. The recent court filing in the case may be found on the Utah Courts Web site at: http://www.utcourts.gov/media/hpcases/index.cgi?mode=displayentries&parent_id=334&category_id=337 | |
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TheSpectrum.com Originally published June 27, 2007 | |
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