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Politics3 Secret Service members to leave agencyD.C.Cir.: Presence of firearms in SW justified no announcement on entryOfficers’ alleged failure knock before entry was entitled to qualified immunity or was constitutionally justified. The officers knew that a gun was likely involved, and the search warrant included weapons. Under Richards and Wilson, this was sufficient to dispense with announcement for officer safety. Youngbey v. March, 2012 U.S. App. LEXIS 7630 (D.C. Cir. April 17, 2012).* Defendants were moving around from room to room in a hotel, and vacated two rooms. The police had probable cause to search the rooms they were in as well as the abandoned rooms for firearms. A gun was actually abandoned in one of the vacated rooms. United States v. Albury, 2012 U.S. Dist. LEXIS 53644 (M.D. Fla. April 17, 2012).* Officers searching a computer hard drive had the benefit of the plain view doctrine when they came upon obvious chat logs and foreign travel information. United States v. Johnston, 2012 U.S. Dist. LEXIS 53323 (E.D. Cal. April 16, 2012).* Obama signals for 2012: It's all about the economyWASHINGTON (AP) -- In an election season when the economy is king, the central debate between President Barack Obama and GOP challenger Mitt Romney comes down to what is enough. Enough growth in the economy. Enough job creation. Enough help for those still struggling to get back on their feet....
E.D. Tenn.: Defendant's refusal to submit to arrest and flight showed he was not seizedThe traffic stop of car defendant was in was justified by occupants not using seatbelts. Defendant refused to submit and fled, and he was never seized. United States v. Lindsey, 2012 U.S. Dist. LEXIS 52250 (E.D. Tenn. February 3, 2012): Because the Fourth Amendment governs actual seizure, not attempted seizures, the government need not justify Officer Fielden's attempt to stop Defendant. United States v. Smith, No. 10-1551, 2012 WL 181393 (6th Cir. Jan. 24, 2012) (holding that police need not justify their attempt to stop a defendant who evades their attempt). If a suspect is not seized because he evades the police, the Fourth Amendment is simply not implicated. Brendlin, 551 U.S. at 254; United States v. George, No. 10-6159, 2012 WL 128402, at *1 (6th Cir. Jan. 17, 2012) ("Without actual submission, 'there is at most an attempted seizure.'") (quoting Jones, 562 F.3d at 774 and Brendlin, 551 U.S. at 254); United States v. Smith, 594 F.3d 530, 535-36 (6th Cir. 2010) ("In order for a seizure to occur, the encounter must not be consensual and the officers must use physical force or the individual must submit to the officers' show of authority."). The government does not dispute that Officer Fielden engaged in a show of authority. Defendant does not appear to contest that he failed to submit to Officer Fielden's show of authority; instead, Defendant contends he was seized, perhaps by physical force, the moment Officer Fielden's gun was drawn and pointed at him. The case law simply does not support Defendant's position. Boehner says Obama can't run on economic recordWASHINGTON (AP) -- House Speaker John Boehner (BAY'-nur) says President Barack Obama can't run for re-election on his economic record so his campaign will "pull out every bogey man that they can."...
Boehner says Obama can't run on economic recordWASHINGTON (AP) -- House Speaker John Boehner (BAY'-nur) says President Barack Obama can't run for re-election on his economic record so his campaign will "pull out every bogey man that they can."...
Boehner says Obama can't run on economic recordWASHINGTON (AP) -- House Speaker John Boehner (BAY'-nur) says President Barack Obama can't run for re-election on his economic record so his campaign will "pull out every bogey man that they can."...
S.D.Ill.: Defendant's initial denial of connection to premises to consent denied him standingDefendant was seen at the scene of four controlled buys and was believed involved himself, and the totality gave probable cause. Thus, the search incident of his person and car were supported by probable cause. Defendant initially denied any connection to the premises, disclaiming an ability to consent. Officers then went to the door and talked to the occupant and got consent. Defendant made no effort to show standing, so he can’t object to the consent of another. United States v. Sayles, 2012 U.S. Dist. LEXIS 53070 (S.D. Ill. April 16, 2012).* Defendant was arrested for carjacking, and keys were found on his person. The officer could remove the keys as a potential weapon or because there was probable cause to connect him to the carjacking under the search incident doctrine. United States v. Yancy, 2012 U.S. Dist. LEXIS 52394 (W.D. Tenn. April 13, 2012).* Defendant’s detention was legal, so that did not change the government’s burden of showing consent, which the court finds to be voluntary. United States v. Armenta, 2012 U.S. Dist. LEXIS 52729 (D. Utah April 12, 2012).* Obama campaign releases first Spanish TV adsWASHINGTON (AP) -- The Obama campaign is running its first Spanish-language television ads aimed at rallying support among Hispanics, an increasingly important voting bloc....
Obama campaign releases first Spanish TV adsWASHINGTON (AP) -- The Obama campaign is running its first Spanish-language television ads aimed at rallying support among Hispanics, an increasingly important voting bloc....
Texas nurse admits to shooting mom, abducting babySPRING, Texas (AP) — A nurse has admitted to fatally shooting a young mother in a town near Houston and abducting the dying woman's newborn son whom she apparently intended to adopt, authorities said Wednesday. Verna McClain is charged with capital murder in the killing of 28-year-old Kala Marie Golden. ... S.D.W.Va.: Discusses the "hierarchy among tenants" for apparent authorityPolice came to defendant’s house on a child welfare call and asked to come in, and they were permitted. The court discusses the "hierarchy among tenants" for apparent consent. United States v. MacArthur, 2012 U.S. Dist. LEXIS 52269 (S.D. W.Va. April 13, 2012): Co-tenant consent may also be limited where a hierarchy among tenants in authority over the premises makes the consent of one insufficient to validate a search of the entire premises. For example, although a short-term guest has a reasonable expectation of privacy in his temporary quarters, Minnesota v. Olson, 495 U.S. 91, 99, 110 S. Ct. 1684, 109 L. Ed. 2d 85 (1990), his control over all portions of the home where he stays may not be as extensive that of the owner, or a more permanent co-tenant. See Olson, 495 U.S. at 99 ("From the overnight guest's perspective, he seeks shelter in another's home precisely because it provides him with privacy, a place where he and his possessions will not be disturbed by anyone but his host and those his host allows inside.") (emphasis added); see also State v. Grant, 614 N.W. 2d 848, 853 (Iowa App. 2000) ("an overnight guest's legitimate expectation of privacy does not vitiate the homeowner's ability to consent to a search of his home.") (collecting cases). Herald American: "School wants to test all students for drugs"Herald American: School wants to test all students for drugs by Christopher O'Donnell: SARASOTA COUNTY - Students as young as 11 years old would be tested for use of marijuana, pills, cocaine and heroin under a proposal by a North Port charter school that wants to institute the region's most aggressive student testing program. Imagine School at North Port hopes to begin drug testing students at its junior high school campus next school year, including sixth-graders. Students would be required to pass a drug test to attend the school and pass at least one random drug test per year to remain enrolled. Another drug testing program that can't survive even minimal Fourth Amendment scrutiny. Why do the legislatures want to make civil rights lawyers money? Romney's foreign policy may mean hardball is backWASHINGTON (AP) -- Mitt Romney wants the United States to get much tougher with Iran and to end what a top adviser calls President Barack Obama's "Mother, may I?" consensus-seeking foreign policy....
Romney's foreign policy may mean hardball is backWASHINGTON (AP) -- Mitt Romney wants the United States to get much tougher with Iran and to end what a top adviser calls President Barack Obama's "Mother, may I?" consensus-seeking foreign policy....
Romney's foreign policy may mean hardball is backWASHINGTON (AP) -- Mitt Romney wants the United States to get much tougher with Iran and to end what a top adviser calls President Barack Obama's "Mother, may I?" consensus-seeking foreign policy....
Romney's foreign policy may mean hardball is backWASHINGTON (AP) -- Mitt Romney wants the United States to get much tougher with Iran and to end what a top adviser calls President Barack Obama's "Mother, may I?" consensus-seeking foreign policy....
Romney's foreign policy may mean hardball is backWASHINGTON (AP) -- Mitt Romney wants the United States to get much tougher with Iran and to end what a top adviser calls President Barack Obama's "Mother, may I?" consensus-seeking foreign policy....
Obama signals for 2012: It's all about the economyWASHINGTON (AP) -- In an election season when the economy is king, the central debate between President Barack Obama and GOP challenger Mitt Romney comes down to what is enough. Enough growth in the economy. Enough job creation. Enough help for those still struggling to get back on their feet....
$1M lottery winner kept food stampsLINCOLN PARK, Mich. — A Michigan lottery winner was charged with fraud Tuesday for collecting food stamps and public health insurance despite pocketing a $735,000 jackpot. Amanda Clayton, 25, was silent during a brief court hearing after spending a night in jail. A not-guilty plea was entered, and her attorney ... ![]() |
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