Politics

Romney kicks off bus tour across critical Ohio

AP - Politics - Tue, 2024-11-26 18:43
BRUNSWICK, Ohio (AP) -- Mitt Romney kicked off his three-stop bus tour of Ohio by telling rain-soaked voters in the battleground state that the country is about to get "a little brighter."...

Romney kicks off bus tour across critical Ohio

AP - Politics - Tue, 2024-11-26 18:43
BRUNSWICK, Ohio (AP) -- Mitt Romney kicked off his three-stop bus tour of Ohio by telling rain-soaked voters in the battleground state that the country is about to get "a little brighter."...

Reason.com: "Unwarranted Intrusion"

FourthAmendment.com - News - Tue, 2024-11-26 18:43

Reason.com: Unwarranted Intrusion / When it comes to wiretaps, the federal government's official policy is: "Trust us!" by J.D. Tuccille:

On June 11, Sen. Ron Wyden (D-Ore.) temporarily blocked the renewal of legislation that allows the U.S. government to listen in, without a warrant, on Americans' conversations, so long as they're chatting with overseas chums who are the official targets of the eavesdropping. In doing so, Wyden not only stood against a bipartisan cabal of snoopy legislative colleagues, but also against the White House, which wants the extension passed and is vigorously battling against constitutional challenges to such electronic eavesdropping. That may come as a bit of a surprise to anybody who remembers then-presidential candidate Barack Obama promising to end the use of warrantless wiretaps that were so popular under the George W. Bush administration.

Romney kicks off bus tour across critical Ohio

AP - Politics - Tue, 2024-11-26 18:43
BRUNSWICK, Ohio (AP) -- Mitt Romney kicked off his three-stop bus tour of Ohio by telling rain-soaked voters in the battleground state that the country is about to get "a little brighter."...

UT: Defendant was let go after a stop in a store, and his Catch-22 that if he went to his car he be arrested is not the government's problem

FourthAmendment.com - News - Tue, 2024-11-26 18:43

Defendant and a companion were suspected of shoplifting in a Target store, and defendant was a suspected lookout for the other. Both had come and gone from the store repeatedly. When defendant was confronted in the store, there was reasonable suspicion, but he was frisked and told he was free to leave. The loss prevention people, however, were looking for the vehicle to see if shoplifted stuff was in it. Defendant was clearly free to leave, and his companion was already let go. “We acknowledge that this left Little in an unfortunate catch-22—if he stayed, the officers would ultimately discover the car; if he attempted to leave in the car, he would lead the officers to it; and if he left on foot, the officers would eventually find the car and arrest him later. However, this situation resulted from information the officers legally obtained in the course of the lawful investigatory detention, and the officers were not required to cease all investigation simply because they determined they could no longer legally detain Little.” So, there was a second encounter when he went to the car, and that didn't make the stop unreasonable. State v. Little, 2012 Utah App. LEXIS 175 (June 14, 2012).*

Catch-22 is the name of a novel. It should be capitalized, unless it is now in general use. Since copyrights are good for 70 years after the death of the author, I'd say not yet allowed for general use, but a lot of people do. Joseph Heller created it by his own genius. The value of the word and concept is undeniable, and I don't use it without thinking of the book, which I read twice in 1968.

E.D.Tenn.: CI's falsity is not the affiant's under Franks

FourthAmendment.com - News - Tue, 2024-11-26 18:43

The informant’s false statement, comparing grand jury testimony with the affidavit for the search warrant, is not chargeable to the officer under Franks, so the motion is denied. United States v. Neal, 2012 U.S. Dist. LEXIS 81849 (E.D. Tenn. April 13, 2012).

A game warden received a call about unlawfully taking a deer by three people in a “whitish old Subaru car,” and that justified the stop when it was seen. United States v. Wilks, 2012 U.S. Dist. LEXIS 82165 (D. Mont. June 12, 2012).*

The USMJ’s findings of voluntary consent is adopted by the USDJ. There is no testimony except that the consent was voluntary. United States v. Talamante-Rodriguez, 2012 U.S. Dist. LEXIS 82009 (D. Ariz. June 12, 2012).*

Fall back on illness metaphor

Eagle Forum - Tue, 2024-11-26 18:43
NY Times columnist David Brooks writes: Democrats frequently ask me why the Republicans have become so extreme. As they describe the situation, they usually fall back on some sort of illness metaphor. Republicans have a mania. President Obama has said that Republicans have a “fever” that he hopes will break if he is re-elected. Brooks has become the spokesman for Republicans on the NY Times and Rogerhttp://www.blogger.com/profile/03474078324293158376noreply@blogger.com0

D.Me.: Multifaceted Franks challenge failed because none undermined PC; they could be questions for trial

FourthAmendment.com - News - Tue, 2024-11-26 18:43

Defendant was charged with internet stalking and identity theft for using a false name, and he raised a host of issues over the search warrants, all of which failed. The government did not violate curtilage by pulling into defendant’s driveway to view his house. The defendant lacks standing for the government’s viewing his neighbor’s wifi signal that defendant was accused of hacking. Defendant’s Franks issues are each an overstatement of the situation, and, even so, excluding what he complains of still leaves probable cause. “Most of the issues raised by the defendant are legitimate jury issues for the jury to consider in assessing whether or not the offender is guilty of the crime charged, but they do not meet the Franks standard for an evidentiary hearing on this warrant application.” None of the Franks challenges were material to the finding of probable cause. United States v. Sayer, 2012 U.S. Dist. LEXIS 82729 (D. Me. June 13, 2012).*

Moral here: Taking the court at face value, none of these Franks challenges were even close. Do you have the time to make a massive Franks challenge that's likely going to fail? Just because the client can pay enough fee to pursue it doesn't mean that you should. Put that time and energy into defending at trial. After all these years, my view of Franks has evolved into a rule of reason: Unless it just screams lie or negligent omission, you lose, so use it to attack the officer's credibility at trial, which is just what this court suggests, reading between the lines. But, even if it doesn't undermine the officer as an exaggeration, does it create a reasonable doubt?

Remember my Rule 1 of the Fourth Amendment: “There are no technicalities.” There used to be, but not anymore. Not in the last 20+ years.

Deal discourages TV attack ads in Mass. Senate bid

AP - Politics - Tue, 2024-11-26 18:43
BOSTON (AP) -- In the tight Massachusetts Senate race, GOP incumbent Scott Brown has spent weeks questioning Democratic rival Elizabeth Warren's claim of Native American heritage, while Warren portrays Brown as a darling of Wall Street....

Deal discourages TV attack ads in Mass. Senate bid

AP - Politics - Tue, 2024-11-26 18:43
BOSTON (AP) -- In the tight Massachusetts Senate race, GOP incumbent Scott Brown has spent weeks questioning Democratic rival Elizabeth Warren's claim of Native American heritage, while Warren portrays Brown as a darling of Wall Street....

Deal discourages TV attack ads in Mass. Senate bid

AP - Politics - Tue, 2024-11-26 18:43
BOSTON (AP) -- In the tight Massachusetts Senate race, GOP incumbent Scott Brown has spent weeks questioning Democratic rival Elizabeth Warren's claim of Native American heritage, while Warren portrays Brown as a darling of Wall Street....

Deal discourages TV attack ads in Mass. Senate bid

AP - Politics - Tue, 2024-11-26 18:43
BOSTON (AP) -- In the tight Massachusetts Senate race, GOP incumbent Scott Brown has spent weeks questioning Democratic rival Elizabeth Warren's claim of Native American heritage, while Warren portrays Brown as a darling of Wall Street....

Deal discourages TV attack ads in Mass. Senate bid

AP - Politics - Tue, 2024-11-26 18:43
BOSTON (AP) -- In the tight Massachusetts Senate race, GOP incumbent Scott Brown has spent weeks questioning Democratic rival Elizabeth Warren's claim of Native American heritage, while Warren portrays Brown as a darling of Wall Street....

Deal discourages TV attack ads in Mass. Senate bid

AP - Politics - Tue, 2024-11-26 18:43
BOSTON (AP) -- In the tight Massachusetts Senate race, GOP incumbent Scott Brown has spent weeks questioning Democratic rival Elizabeth Warren's claim of Native American heritage, while Warren portrays Brown as a darling of Wall Street....

Deal discourages TV attack ads in Mass. Senate bid

AP - Politics - Tue, 2024-11-26 18:43
BOSTON (AP) -- In the tight Massachusetts Senate race, GOP incumbent Scott Brown has spent weeks questioning Democratic rival Elizabeth Warren's claim of Native American heritage, while Warren portrays Brown as a darling of Wall Street....
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