Politics

MA: Some impoundment of SW materials is possible on a showing of necessity by the state

FourthAmendment.com - News - Tue, 2025-05-06 23:53

Recognizing the right of access to search warrant papers by the target of a search and the press, the state sought impoundment of the records for a brief time until indictment, and this was reasonable under the circumstances. [The case also contains a summary of the law on access to materials.] New England Internet Café v. Clerk of the Superior Court for Criminal Business in Suffolk County, 2012 Mass. LEXIS 343 (April 25, 2012):

In sum, we do not agree with the plaintiffs that the Fourth Amendment requires that the target of government searches be given access to the materials supporting them prior to indictment or that an analysis separate from our recognized "good cause" analysis is required whenever a Fourth Amendment interest is asserted. On the other hand, we do not agree with the Commonwealth that the privacy and property interests protected by the Fourth Amendment's constraint on unreasonable searches are irrelevant to a judge's balancing of the interests of the parties in the circumstances presented here.

With this in mind, we turn to the manner in which the judge balanced the respective interests of the parties before us. After reviewing both the warrant affidavits and the assistant attorney general's affidavit on good cause, the judge concluded that "the contents of the affidavits are unexceptional." As he explained, and we so conclude after our own review of the impounded materials, the affidavits portray a generic gaming experience at a public place of business; they are innocuous and do not expose any secretive investigative techniques or clandestine operations. In light of the judge's findings, and the opportunity he properly extended to the Commonwealth to suggest the redaction of information that it believed was particularly sensitive, the Commonwealth's interest in preserving the secrecy of its ongoing investigation as described in the affidavits, while ordinarily compelling, was considerably diminished. See In re Search Warrants Issued August 29, 1994, 889 F. Supp. 296, 302 (S.D. Ohio 1995) ("redaction of the original affidavit is feasible and would meet the government's concerns regarding any ongoing criminal investigation"). Contrary to the Commonwealth's contention that the judge overlooked critical information pertinent to the good cause analysis, his acknowledgment of potentially sensitive information worthy of redaction reflects an appreciation of the Commonwealth's purported needs, as well as his conclusion that the Commonwealth had failed to demonstrate good cause to shield the documents in their entirety.

On the other side of the scale, the judge properly considered the extent of the materials seized from the plaintiffs, the closure of the plaintiffs' businesses, and the fact that, nearly two and one-half months after the searches had been executed, the plaintiffs had not yet been charged with a crime. There was no abuse of discretion. The judge's order allowing the plaintiffs' emergency motion to modify or terminate the impoundment order is affirmed.

Judge wants to know more about Zimmerman finances

SANFORD, Fla. (AP) — Calling it an "oversight," George Zimmerman's attorney said Friday the neighborhood watch volunteer did not disclose that a website had raised more than $200,000 for his defense, even though his family told the judge they would have trouble coming up with his bond.

"Quite honestly, with ...

N.D.Ga.: State ID card with address of place searched is a factor in standing, but not determinative

FourthAmendment.com - News - Tue, 2025-05-06 23:53

Just because defendant had a state ID card with the address of the place searched doesn’t mean that he had standing. It is a factor, but it isn’t determinative. Here, the USMJ’s conclusion of no standing was supported by the record. United States v. Langford, 2012 U.S. Dist. LEXIS 57894 (N.D. Ga. April 24, 2012).

Stop of bus at a border checkpoint also involved a stop of a Jeep following the bus. They were suspected to be traveling together, and a few facts were confirmed which drew that reasonable conclusion, and there was reasonable suspicion. United States v. Finley, 2012 U.S. Dist. LEXIS 57926 (S.D. Tex. April 25, 2012).*

An IP address was associated with accessing child pornography, and it tied to an address. The police investigated the address and linked defendant to it. There was a substantial basis for issuance of the search warrant for the premises by the link of the IP address. United States v. Wunderli, 2012 U.S. Dist. LEXIS 57964 (E.D. Mo. March 27, 2012).*

EPA official blasted over 'crucify' comments

CNN - Politics - Tue, 2025-05-06 23:53
The White House and the Environmental Protection Agency are distancing themselves from controversial remarks that surfaced this week by a regional administrator attacking the oil and gas industry.
Categories: CNN, Issues, Politics

Biden: Romney mired in Cold War mindset

CNN - Politics - Tue, 2025-05-06 23:53
Vice President Joe Biden goes after Mitt Romney's stance on foreign policy issues at an event at New York University.
Categories: CNN, Issues, Politics

Boehner to Obama: Pony up and pay

CNN - Politics - Tue, 2025-05-06 23:53
House Speaker John Boehner calls on the president to reimburse the Treasury Department for campaign travel expenses.
Categories: CNN, Issues, Politics

Richmond Times Dispatch: "Police to end 'wake-up calls' effort"

FourthAmendment.com - News - Tue, 2025-05-06 23:53

Richmond Times Dispatch: Police to end 'wake-up calls' effort by Reed Williams:

One day after a civil liberties group blasted the Richmond Police Department for knocking on doors late at night to tell residents they are at risk of car break-ins, the department said it's ending the practice next week.

Since when has any police group cared what any "civil liberties group" thinks? This is more fundamental a realization.

PRUDEN: It's Romney vs. guilt and gilt

ANALYSIS/OPINION:

Mitt Romney's finally the last man standing, and he finally found the voice he'll need to overcome the formidable Democratic weapons of money, guilt and gilt.

"After 43 primaries and caucuses," he told a boisterous crowd in Manchester, N.H., where the marathon began, "after many long days and more ...

Ex-Edwards aide to retake the stand for 5th day

AP - Politics - Tue, 2025-05-06 23:53
GREENSBORO, N.C. (AP) -- An ex-aide to presidential candidate John Edwards is expected to retake the witness stand once again to face tough questions about secret donor money funneled to pay personal expenses....

House vote sets up Senate cybersecurity showdown

AP - Politics - Tue, 2025-05-06 23:53
WASHINGTON (AP) -- The House's solid bipartisan vote for a cybersecurity bill sends a message to the Senate: Now it's your turn to act....

House vote sets up Senate cybersecurity showdown

AP - Politics - Tue, 2025-05-06 23:53
WASHINGTON (AP) -- The House's solid bipartisan vote for a cybersecurity bill sends a message to the Senate: Now it's your turn to act....

House vote sets up Senate cybersecurity showdown

AP - Politics - Tue, 2025-05-06 23:53
WASHINGTON (AP) -- The House's solid bipartisan vote for a cybersecurity bill sends a message to the Senate: Now it's your turn to act....

House GOP set to curb college student loan costs

AP - Politics - Tue, 2025-05-06 23:53
WASHINGTON (AP) -- Republican leaders are ready to try pushing legislation through the House holding down interest rates on federal loans to millions of college students....

House GOP set to curb college student loan costs

AP - Politics - Tue, 2025-05-06 23:53
WASHINGTON (AP) -- Republican leaders are ready to try pushing legislation through the House holding down interest rates on federal loans to millions of college students....

Obama signs bill reauthorizing Export-Import Bank

AP - Politics - Tue, 2025-05-06 23:53
WASHINGTON (AP) -- President Barack Obama has signed legislation that renews the charter of the Export-Import Bank for three years and increases the bank's lending cap to $140 billion from the current $100 billion. The bank is the government's vehicle for promoting U.S. export sales....

House GOP set to curb college student loan costs

AP - Politics - Tue, 2025-05-06 23:53
WASHINGTON (AP) -- House Republican leaders are ready to push legislation holding down interest rates on federal loans to millions of college students....

Protester at party conventions could be armed

AP - Politics - Tue, 2025-05-06 23:53
TAMPA, Fla. (AP) -- The thousands of protesters expected at the Democratic and Republican national conventions can come armed with a lot more than signs and slogans: State law in Florida and North Carolina allows concealed weapons, including guns....

Protester at party conventions could be armed

AP - Politics - Tue, 2025-05-06 23:53
TAMPA, Fla. (AP) -- The thousands of protesters expected at the Democratic and Republican national conventions can come armed with a lot more than signs and slogans: State law in Florida and North Carolina allows concealed weapons, including guns....

Protester at party conventions could be armed

AP - Politics - Tue, 2025-05-06 23:53
TAMPA, Fla. (AP) -- The thousands of protesters expected at the Democratic and Republican national conventions can come armed with a lot more than signs and slogans: State law in Florida and North Carolina allows concealed weapons, including guns....

Protester at party conventions could be armed

AP - Politics - Tue, 2025-05-06 23:53
TAMPA, Fla. (AP) -- The thousands of protesters expected at the Democratic and Republican national conventions can come armed with a lot more than signs and slogans: State law in Florida and North Carolina allows concealed weapons, including guns....
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