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If sometimes it seems like the two candidates for president are speaking different languages, the reason is simple:...

If sometimes it seems like the two candidates for president are speaking different languages, the reason is simple:...

If sometimes it seems like the two candidates for president are speaking different languages, the reason is simple:...

If sometimes it seems like the two candidates for president are speaking different languages, the reason is simple:...

cnsnews.com | More pre-election pandering to the LGBT crowd.

Congressional reaction to President Obama's immigration policy was swift and sometimes harsh. CNN's Athena Jones reports.

Irene Klotz | Unmanned X-37B robotic space shuttle returned from orbit at 5:48 a.m. in California.

Infowars.com | What do the apparatchiks at the United Nations think about modern civilization?

WEATHERLY, Pa. (AP) -- Mitt Romney on Saturday tried to refocus his bus tour on middle-class economic issues as he visited a Pennsylvania foundry a day after President Barack Obama's new immigration policy consumed the campaign debate....

will be handed over to the U.S. once he is in Sweden. digitaljournal.com | Will be handed over to the U.S. once he is in Sweden.

ottawacitizen.com | Signs will be posted referring passersby to a “privacy notice.”

Defendant was suspected of running a reselling fraud on eBay, and a search warrant was obtained for all his records pertaining to interstate transportation of stolen property. The search warrant was sufficiently particular and not overbroad. United States v. Kuc, 2012 U.S. Dist. LEXIS 82398 (D. Mass. June 14, 2012):

1. The First Prong: Evidence of Other Contraband

The degree to which evidence of contraband is believed to be on the premises is largely connected to the pervasiveness of the illegal activity being investigated. ...

Pervasiveness for purposes of the first prong is not limited to large organizations or entities. United States v. Falon, 959 F.2d 1143, 1148 (1st Cir. 1992). Thus, in United States v. Morris, the First Circuit found that two illegal drug transactions at the same residential address gave the magistrate judge "sufficient evidence to believe that a large collection of similar contraband would be present in the premises that were to be searched pursuant to the warrant." 977 F.2d at 681.

2. The Second Prong: Distinguishing Contraband

As to the second prong, the principle that emerges from the First Circuit's caselaw is that a warrant is insufficiently particular if the suspected crime being investigated and leading to the warrant application was substantially narrower than the scope of the warrant that ultimately issued. For example, the First Circuit held in United States v. Roche that where an affidavit in support of the warrant application made clear that only motor vehicle insurance fraud was being investigated, a warrant that authorized the seizure of documents pertaining to all types of insurance was overbroad because it could have been more narrowly tailored to only authorize the seizure of documents pertaining to motor vehicle insurance. 614 F.2d 6, 7 (1st Cir. 1980). In other words, where there is "information available to the agents which could have served to narrow the scope of the warrant and protect the defendant['s] personal rights" but the information is either withheld from the magistrate or not included in the warrant, "the warrant [is] inadequate." Klein, 565 F.2d at 190.

But where the warrant's list of items to be seized is tailored to the specific crime being investigated, it will survive an overbreadth challenge under the second prong. For example, the First Circuit upheld a warrant against a particularity challenge where it provided for the seizure of all documents relating to a list of seventeen individuals that constituted evidence of the specific suspected crime of conspiring to defraud the Social Security Administration. United States v. Bithoney, 631 F.2d 1, 2 (1st Cir. 1980).

Even a broad search warrant authorizing the seizure of all of a business's records may be sufficiently particular if the fraud alleged is pervasive such that most, if not all, of the business is suspected of being linked to a mail and wire fraud scheme. This is intimately connected to the scope of the fraud which factors heavily into the first prong analysis. See Brien, 617 F.2d at 306-08. In Brien, as noted above, affidavits submitted with the warrant application demonstrated that the fraud in the business was pervasive. The First Circuit held that "where there ... exists a pervasive scheme to defraud, all the business records of an enterprise may be seized, if they are, as here, accurately described so that the executing officers have no need to exercise their own judgment as to what should be seized." Id. at 309 (emphasis added).

Defendant was stopped for jaywalking and he admitted having marijuaua which was produced. The officer conducted a patdown and felt something that was indiscernible, but was clearly not a weapon. A search produced crack, and the search was unjustified. The defendant had been stopped the day before by the same officer and apparently endured the same search. State v. Byrd, 2012 Ohio 2659, 2012 Ohio App. LEXIS 2336 (2d Dist. June 15, 2012).*

Defendant lost suppression motion apparently because she thought the state had to justify the seizure of every item in the search warrant. It was seizure under a warrant, and the defense had the burden. State v. Crumpler, 2012 Ohio 2601, 2012 Ohio App. LEXIS 2288 (9th Dist. June 13, 2012).*

Defendant’s vehicle was properly ordered towed where it was left blocking in a private business’s driveway. State v. Neal, 2012 Ohio 2609; 2012 Ohio App. LEXIS 2295 (9th Dist. June 13, 2012).*

A DV report described a suspect with a black shirt with skulls on it. Defendant was the only one around with skulls on it, so the stop was valid. State v. Will, 2012 Ohio 2616, 2012 Ohio App. LEXIS 2300 (9th Dist. June 13, 2012).*

Kurt Nimmo | CIA, MI6 and Mossad backed rebels present a wish list of heavy weapons, including surface-to-air missiles.

WEATHERLY, Pa. (AP) -- Mitt Romney is telling Pennsylvania voters that he - and not President Barack Obama - is the White House candidate who will give them a fair shot....

“Good to go” of a stopped motorist but followed by questions led to effective consent. United States v. Rodriguez, 2012 U.S. App. LEXIS 12009, 2012 FED App. 0601N (6th Cir. June 12, 2012):

At the end of the discussion, Diggs told Rodriguez that he was "good to go." Immediately after making that statement, however, Diggs said, "Let me ask you something," and proceeded to ask Rodriguez additional questions about his travel plans, as well as questions about his arrest history and whether there was anything illegal in his van. After approximately four minutes of questioning, Diggs asked Rodriguez for permission to search his van, and Rodriguez consented. Ultimately, law enforcement officers recovered two kilograms of heroin and ten kilograms of cocaine from a hidden compartment in the van.

RALEIGH, N.C. (AP) — Adding a twist to blue laws in an increasingly red state, North Carolina's Republican-led legislature is toasting a measure intended to keep the booze flowing at the Democratic National Convention.

President Barack Obama and other Democratic Party headliners are set to be in Charlotte for the ...

JANESVILLE, Wis. (AP) -- There are plenty of reasons for Republican presidential candidate Mitt Romney to choose Rep. Paul Ryan as a running mate....

JANESVILLE, Wis. (AP) -- There are plenty of reasons for Republican presidential candidate Mitt Romney to choose Rep. Paul Ryan as a running mate....

JANESVILLE, Wis. (AP) -- There are plenty of reasons for Republican presidential candidate Mitt Romney to choose Rep. Paul Ryan as a running mate....