Posted by:
elderolddog
(
)
Date: January 27, 2020 05:00PM
Yeah, I don't know if it's a state or county organization in Rexburg had the notice served on the new Mrs. Daybell there in Hawai'i that she had to produce the kids or evidence/proof of where they are. If the new Mrs. Daybell doesn't comply, the organization takes the matter before a judge, to ask that an order be issued to compel the new Mrs. Daybell to comply with the order.
The Rexburg organization then has to serve the order on the appropriate law enforcement agencies... I don't know if a blanket 'warrant' can be issued so that any law enforcement agency that stumbles across them will 'find' it in the system and then arrest/hold her for her contempt of that order.
This would not be a situation of every law enforcement agency in the United States telling their officers at every 'roll call' to be on the lookout for the new Mrs. Daybell.
Of course, Rexburg would call Hawai'i next Monday morning to let them know of the order and the failure to honor it and the coppers can go visit her and maybe take her into custody. But what then? Are they going to pay for the flight back, two or three seats, because she has to be escorted? The 'who pays?' question often is crucial.
So she shows up in front of a judge to respond to the allegation that she failed to honor the Rexburg demand to see the kids, and she remains mute. What then? Sure, the judge can tell her that she's going to be held in jail until she provides an answer. But how long would they hold her?
Because then the issue of Habeas Corpus arises:
Habeas corpus is a recourse in law
through which a person can report
an unlawful detention or imprisonment
to a court and request that the court
order the custodian of the person,
usually a prison official, to bring
the prisoner to court, to determine
whether the detention is lawful.
https://en.wikipedia.org/wiki/Habeas_corpusIn other words, a Federal Judge could be asked to set her free based on her detention being illegal, in that insufficient cause existed, or that the agency demanding the detention did not have the requisite authority.
And then ask yourself this, Are Mr. & Mrs. Daybell going to remain there till the end of the week?
In any event, make sure your stocks of popcorn and chocolate are meted for the task!