Politics

CA11: Truck was illegally entered, but it was inevitable discovery here

FourthAmendment.com - News - Sun, 2025-05-18 10:42

A commercial vehicle safety stop was valid, and defendant’s lack of knowledge about his load, where he got it, and exactly where he was going was reasonable suspicion to detain him for a dog sniff. The USMJ concluded that the trailer was unlawfully searched but a drug dog alert after that was inevitable discovery because that was probable cause. United States v. Rendon, 2012 U.S. App. LEXIS 5974 (11th Cir. March 22, 2012) (unpublished).*

The testimony of consent was conflicting, but the credibility determination of the trial court is binding on appeal. State v. Reglus, 2012 Ohio 1174, 2012 Ohio App. LEXIS 1033 (9th Dist. March 21, 2012)* (sustaining consent); State v. Durden, 2012 Ohio 1194, 2012 Ohio App. LEXIS 1048 (8th Dist. March 22, 2012) (finding consent involuntary).

The trial court concluded that the officer’s car blocked defendant’s car and was a stop, but it was with reasonable suspicion. State v. Spradlin, 2012 Ohio 1211, 2012 Ohio App. LEXIS 1071 (5th Dist. March 12, 2012).*

W.D.Ky.: Failure to show nexus to place to be searched violated Fourth Amendment, and no GFE here, either

FourthAmendment.com - News - Sun, 2025-05-18 10:42

An affidavit for search warrant that showed utterly no connection to the place to be searched lacked probable cause. And, it was so lacking in probable cause that the good faith exception did not apply. United States v. Bautista, 2012 U.S. Dist. LEXIS 39222 (W.D. Ky. March 22, 2012):

To establish probable cause, the affidavit must have indicated why evidence of illegal activity would be found at the particular place to be search-Lot #78. The affidavit does not do so. Like in Laughton, the affidavit in this case neither indicated that Lot # 78 was Bautista's residence nor indicated that the drug sales described by Copeland occurred at Lot # 78. Instead, the affidavit states only that the drug sales occurred at Bautista's residence, and then lists Lot # 78 as the place to be searched. The government contends that, given all the circumstances of Copeland's information and the detailed description of the place to be searched, the inference can be made Lot #78 is Bautista's residence. However, the government's argument is to no avail because the affidavit contains no evidence from which such an inference could be made. The single paragraph setting forth the factual details fails to even mention Lot #78. Accordingly, probable cause to search the residence located at Lot #78 was not established because the affidavit submitted to obtain the warrant did not explain the significance or the relevance of searching the home located at this particular location. See United States v. Hove, 848 F.2d 137, 139 (9th Cir. 1988) (finding no probable cause where the affidavit failed to provide any nexus between the residence and the illegal activity).

. . .

Likewise, here, the affidavit simply lists an address of the premises to be searched, and states Copeland's allegations regarding the fact that he regularly purchased methamphetamine from Bautista at his home. There is not even a "modicum of evidence" linking the criminal activity described by Copeland and Lot #78. Cf. United States v. Van Shutters, 163 F.3d 331, 337 (6th Cir. 1998) (applying good faith exception where affidavit for search warrant neglected to indicate why the affiant believed the defendant had any connection to the residence, but did state that the rooms in the residence were available to the defendant). Importantly, the affidavit did not state any evidence linking Bautista to Lot #78 and did not even state that Bautista resided at Lot #78. No reasonable officer could have believed that the affidavit was not so lacking in indicia of probable cause as to be reliable. Although the Court does not find that the law enforcement officers acted in bad faith, it nonetheless must conclude that the Leon good faith exception does not apply.

TN: Victim citizen informant's report enough to make a stop

FourthAmendment.com - News - Sun, 2025-05-18 10:42

A citizen informant’s report that his store was a crime victim was a sufficient basis for a stop. State v. Wiggins, 2012 Tenn. Crim. App. LEXIS 178 (March 20, 2012).

Factual disputes on excessive force as shown by the video was enough to deny qualified immunity. Staten v. Tatom, 2012 U.S. App. LEXIS 5991 (5th Cir. March 22, 2012).*

Appellate counsel’s decision not to appeal the alleged lack of probable cause for the search warrant was justified because it was a loser issue. Ford v. United States, 2012 U.S. Dist. LEXIS 38296 (E.D. Mo. March 21, 2012).*

Stereotypes can have deadly results

CNN - Politics - Sun, 2025-05-18 10:42
Roland Martin says if the boy had been white and wearing a hoodie, he would not have been a threat to be shot down. His death should renew the battle against bigotry
Categories: CNN, Issues, Politics

GOP focuses on health care law repeal

CNN - Politics - Sun, 2025-05-18 10:42
Ahead of a U.S. Supreme Court review of the health care reform law that many Republicans call "Obamacare," and a day after the law's two-year anniversary, Sen. Mitch McConnell used the GOP weekly address Saturday to hammer President Barack Obama over the measure.
Categories: CNN, Issues, Politics

Lawmakers faulted in Fast and Furious investigative leaks

CNN - Politics - Sun, 2025-05-18 10:42
The latest twist in the tug of war over Department of Justice documents central to the investigation of Operation Fast and Furious came Friday evening, when a top Justice official refused a congressional request for subpoenaed documents and blamed GOP lawmakers over the leaking of sensitive information.
Categories: CNN, Issues, Politics

Obama heads to South Korea for nuclear summit

CNN - Politics - Sun, 2025-05-18 10:42
President Barack Obama travels to South Korea Saturday on a three-day trip centered on an international nuclear security summit in Seoul.
Categories: CNN, Issues, Politics

Republicans offer few details on Afghanistan plans

AP - Politics - Sun, 2025-05-18 10:42
WASHINGTON (AP) -- As Afghanistan seizes more of the political spotlight, the Republican presidential candidates are quick to criticize President Barack Obama's handling of the war but struggle to explain how they would change the strategy they would inherit....

Republicans offer few details on Afghanistan plans

AP - Politics - Sun, 2025-05-18 10:42
WASHINGTON (AP) -- As Afghanistan seizes more of the political spotlight, the Republican presidential candidates are quick to criticize President Barack Obama's handling of the war but struggle to explain how they would change the strategy they would inherit....

Republicans offer few details on Afghanistan plans

AP - Politics - Sun, 2025-05-18 10:42
WASHINGTON (AP) -- As Afghanistan seizes more of the political spotlight, the Republican presidential candidates are quick to criticize President Barack Obama's handling of the war but struggle to explain how they would change the strategy they would inherit....

Republicans offer few details on Afghanistan plans

AP - Politics - Sun, 2025-05-18 10:42
WASHINGTON (AP) -- As Afghanistan seizes more of the political spotlight, the Republican presidential candidates are quick to criticize President Barack Obama's handling of the war but struggle to explain how they would change the strategy they would inherit....

Republicans offer few details on Afghanistan plans

AP - Politics - Sun, 2025-05-18 10:42
WASHINGTON (AP) -- As Afghanistan seizes more of the political spotlight, the Republican presidential candidates are quick to criticize President Barack Obama's handling of the war but struggle to explain how they would change the strategy they would inherit....

Republicans offer few details on Afghanistan plans

AP - Politics - Sun, 2025-05-18 10:42
WASHINGTON (AP) -- As Afghanistan seizes more of the political spotlight, the Republican presidential candidates are quick to criticize President Barack Obama's handling of the war but struggle to explain how they would change the strategy they would inherit....

Republicans offer few details on Afghanistan plans

AP - Politics - Sun, 2025-05-18 10:42
WASHINGTON (AP) -- As Afghanistan seizes more of the political spotlight, the Republican presidential candidates are quick to criticize President Barack Obama's handling of the war but struggle to explain how they would change the strategy they would inherit....

Republicans offer few details on Afghanistan plans

AP - Politics - Sun, 2025-05-18 10:42
WASHINGTON (AP) -- As Afghanistan seizes more of the political spotlight, the Republican presidential candidates are quick to criticize President Barack Obama's handling of the war but struggle to explain how they would change the strategy they would inherit....

Republicans offer few details on Afghanistan plans

AP - Politics - Sun, 2025-05-18 10:42
WASHINGTON (AP) -- As Afghanistan seizes more of the political spotlight, the Republican presidential candidates are quick to criticize President Barack Obama's handling of the war but struggle to explain how they would change the strategy they would inherit....

Republicans offer few details on Afghanistan plans

AP - Politics - Sun, 2025-05-18 10:42
WASHINGTON (AP) -- As Afghanistan seizes more of the political spotlight, the Republican presidential candidates are quick to criticize President Barack Obama's handling of the war but struggle to explain how they would change the strategy they would inherit....

Republicans offer few details on Afghanistan plans

AP - Politics - Sun, 2025-05-18 10:42
WASHINGTON (AP) -- As Afghanistan seizes more of the political spotlight, the Republican presidential candidates are quick to criticize President Barack Obama's handling of the war but struggle to explain how they would change the strategy they would inherit....

Republicans offer few details on Afghanistan plans

AP - Politics - Sun, 2025-05-18 10:42
WASHINGTON (AP) -- As Afghanistan seizes more of the political spotlight, the Republican presidential candidates are quick to criticize President Barack Obama's handling of the war but struggle to explain how they would change the strategy they would inherit....

Republicans offer few details on Afghanistan plans

AP - Politics - Sun, 2025-05-18 10:42
WASHINGTON (AP) -- As Afghanistan seizes more of the political spotlight, the Republican presidential candidates are quick to criticize President Barack Obama's handling of the war but struggle to explain how they would change the strategy they would inherit....
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