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PoliticsSuri: Obama's strategic retreat in AfghanistanPro-Romney group readies 9-state ad buyNEW YORK (AP) -- An independent group backing Republican Mitt Romney is spending nearly $4 million on ads in nine battleground states....
Bronzed N.J. mom: 5-year-old's burns not from tanning salonNEWARK, N.J. — A woman whose own skin is deeply bronze-colored from regular visits to a tanning salon has been accused of taking her 5-year-old daughter into a tanning booth in violation of state law, burning the girl's skin. Through her attorney, Patricia Krentcil, 44, of Nutley, entered a plea ... 13 charged in hazing death of Florida A&M drum majorORLANDO, Fla. — Thirteen people were charged Wednesday in one of the biggest college hazing cases ever prosecuted in the U.S., accused in the death of a Florida A&M University drum major who authorities say was mercilessly pummeled by fellow members of the marching band. Analysis: Obama has 2 narratives on AfghanistanWASHINGTON (AP) -- In President Barack Obama's twin narratives, the United States is both leaving Afghanistan and staying there....
Gingrich to abandon presidential run on WednesdayWASHINGTON (AP) -- As Newt Gingrich prepared to abandon his presidential bid, President Barack Obama saw it as an opportunity to swipe at Mitt Romney....
How the media almost blew Obama's secretMay Day protests show weak immigration movementATLANTA — While a black preacher told about 100 immigration protesters that incarcerated blacks and detained immigrants faced similar challenges, Jesse Morgan stood to one side of the May Day demonstrators, holding a large sign that read "Radical Queers Resist." Although the rally was geared toward illegal immigrants, the 24-year-old ... Newt Gingrich to end his presidential campaignWASHINGTON (AP) -- Newt Gingrich is planning to officially end his campaign for the Republican presidential nomination with an announcement Wednesday in Arlington, Va....
Chinese activist wants to go to U.S.FBI: Men unknowingly put fake bombs at Ohio bridgeCLEVELAND — Five men charged with plotting to bomb a bridge linking two wealthy Cleveland suburbs placed what they thought were real explosives at the site and repeatedly tried to detonate them using text messages from cellphones, according to an FBI affidavit filed in court. Election could turn in swing D.C. suburbsE.D.Mo.: Defendant was told he could refuse consent, and his claim he attempted to refuse to consent and his failure to talk to Pretrial Services suggests intelligenceDefendant was found to have consented to a search of his car after the stop was based on knowledge of a warrant. He was at least twice told he could refuse consent. And “[h]e did not interview with the Pretrial Services Officer so the amount of his education is not available; he appears intelligent enough making a practice of not consenting to a search or refusing to speak to the Pretrial Services Officer; there was no problem with his language ability.” United States v. Capps, 2012 U.S. Dist. LEXIS 60054 (E.D. Mo. February 24, 2012).* Defendant was found to have consented. Even if he hadn’t, the drugs would inevitably have been found by an inventory search on impoundment because the officers already knew that the LPN didn’t belong with the car. United States v. Capps, 2012 U.S. Dist. LEXIS 60055 (E.D. Mo. April 30, 2012).* Defendant’s statutory argument that a city could not impose its city speed limit on unimproved land near the border is rejected. Peck v. State, 2012 Ida. App. LEXIS 31 (April 30, 2012).* Defendant was detained for Miranda and Fourth Amendment purposes when he was found nearly dying in the desert and Border Patrol EMT’s questioned him. United States v. Vasquez-Corrales, 2012 U.S. Dist. LEXIS 59818 (D. Ariz. April 5, 2012).* CA4: Second frisk was factually justified by first being cursorySecond frisk by another officer was still reasonable because the first was “was hardly comprehensive,” and defendant’s actions strongly indicated he was hiding something. United States v. Roach, 2012 U.S. App. LEXIS 8768 (4th Cir. April 30, 2012): Roach's conduct during the stop only heightened the officers' suspicion that he possessed a weapon. Roach was seen contorting his body, sitting "upright" and "half off the [front passenger's] seat." J.A. 74-75. While in that strange posture, he repeatedly thrust both hands behind him toward his pants and waistband area, all the while watching Officer Burnem, who was at the time preoccupied with the driver. Roach persisted in these movements, moreover, even after Officer Kruger opened the back door of the car and ordered Roach to put his hands up. Those movements, consistent with concealing or retrieving a weapon, would have led a reasonably prudent officer to fear for his or her safety. See United States v. Hamlin, 319 F.3d 666, 671-672 (4th Cir. 2003) (defendant's "repeated attempts to reach toward his groin area gave [the officer] reason to believe that [the defendant] was armed and dangerous"). Meanwhile, the driver's odd behavior upon being stopped — namely, exiting the vehicle rapidly while leaving the car door ajar — reinforced the officers' apprehension. Given these circumstances, Roach appears to concede that Officer Kruger had sufficient justification to perform an initial Terry frisk for the presence of weapons. See Brief of Appellant at 13 ("Officer Kruger may have developed a reasonable suspicion to search Roach"). Roach argues, however, that any authority to frisk him under Terry vanished as soon as Officer Kruger's patdown uncovered no weapon. In Roach's view, any subsequent patdown was unlawful because Officer Kruger's failure to detect a weapon on him allayed any reasonable suspicion. The perception of danger, however, did not dissipate with Officer Kruger's frisk. As an initial matter, Roach impeded Officer Kruger's patdown by defying his instructions. He repeatedly brought his hands and elbows down to his waistband area, sought to remain close to the car, and resisted spreading his feet apart. Those movements indicated that Roach was concerned about something Officer Kruger might find. Indeed, Officer Kruger testified that he was compelled to handcuff Roach during the frisk because Roach's movements caused him to be concerned "for officer safety." J.A. 82. Obama should listen to Bill ClintonChen could overshadow U.S.-China talksMcCain: Obama Afghan trip 'not political'Why Romney's success reads as out-of-touchWife of Edwards aide sought 'the truth'Obama's plan for Afghanistan![]() |
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