Politics

D.Minn.: Dropping gun when shot at during flight was not a seizure

FourthAmendment.com - News - Wed, 2024-11-27 18:29

Defendant’s flight from the officer who was attempting to seize him for a minor offense was a new crime to which the exclusionary rule did not apply. His dropping his gun when shot at was still abandonment under Hodari D. United States v. Gant, 2012 U.S. Dist. LEXIS 78853 (D. Minn. June 7, 2012), R&R 2012 U.S. Dist. LEXIS 79269 (D. Minn. May 22, 2012).*

Probable cause developed to search defendant and his companion’s purse, and that provided probable cause to search the car they arrived in. The defendant admitted that the stop started with the officer quite respectfully offering assistance because they might be lost. One thing turned into another into another, and PC developed. [A new one on me: “motel drug interdiction duty” in North Carolina.] United States v. Laihben, 2012 U.S. App. LEXIS 11682 (4th Cir. June 7, 2012).*

The stop here was not so long that the traffic stop was turned into a detention requiring reasonable suspicion. The passenger also had no standing in the vehicle. United States v. Santos, 2012 U.S. Dist. LEXIS 79252 (N.D. Ga. April 24, 2012).*

Germany the only swing state that matters

CNN - Politics - Wed, 2024-11-27 18:29
Germany and its chancellor, Angela Merkel, have the power to boost the economy and Obama's chances by settling the Euro crisis.
Categories: CNN, Issues, Politics

MD: Knock-and-talk, entry, and seizure of premises while SW sought was not suppressed under inevitable discovery

FourthAmendment.com - News - Wed, 2024-11-27 18:29

Undercover officers used a man who didn’t know they were police to go to defendant’s house to buy drugs, which he did. When he got back to the car, he was arrested, and the officers went to the house to do a knock-and-talk, ultimately entering and doing a protective sweep and seizing the house pending investigation. In the meantime, another had gone to get a search warrant for the house. They had probable cause to get a search warrant before the protective sweep, and suppression was not ordered because of the inevitable discovery doctrine even though the view of drugs during the protective sweep made it into the search warrant application. Kamara v. State, 2012 Md. App. LEXIS 70 (June 7, 2012):

Thus, the issue here is whether the later search pursuant to the warrant was genuinely independent of the earlier observation of the marijuana in the house. The Court in Murray gave guidance on how to assess this issue. It noted two situations in which the evidence would not be deemed to be obtained by independent lawful means: (1) where the officer's "decision to seek the warrant was prompted by what they had seen during the initial entry"; and (2) where "information obtained during that entry was presented to the [judge] and affected his decision to issue the warrant." Id.

In the present case, neither of these situations are present. The evidence here established that the police planned to get a warrant prior to the protective sweep or the discovery of any contraband. Detective Oaks testified that, when Sergeant Carafano arrived at the house, he announced that the police were going to detain appellant while they sought a search warrant. Appellant was then handcuffed and detained, and two officers conducted the protective sweep. The uncontradicted evidence shows that the decision to seek the search warrant was not prompted by what the officers saw during the initial protective sweep.

Former Army secretary Callaway hospitalized

CNN - Politics - Wed, 2024-11-27 18:29
Georgia businessman and former congressman Howard "Bo" Callaway was in intensive care at an Atlanta hospital Sunday after surgery following a cerebral hemorrhage, according to officials of Callaway Gardens, a 13,000-acre vacation resort and preserve created by Callaway and his parents.
Categories: CNN, Issues, Politics

By the numbers: Wisconsin recall

CNN - Politics - Wed, 2024-11-27 18:29
In a political battle where fiscal conservatives faced off against the labor movement, Wisconsin held a closely watched gubernatorial recall election this week.
Categories: CNN, Issues, Politics

US Ousts Israel From Counterterrorism Forum

TruthNews.US - News - Wed, 2024-11-27 18:29
Israel National News | "The US blocked Israel's participation in the Global Counterterrorism Forum's, due to fierce objections from Turkey."

Bryson taking medical leave after wrecks

CNN - Politics - Wed, 2024-11-27 18:29
U.S. Secretary of Commerce John Bryson was cited for felony hit-and-run after causing two car accidents within minutes of one another in Southern California, a police spokesman told CNN early Monday.
Categories: CNN, Issues, Politics

Will political flubs hurt Obama, Romney?

CNN - Politics - Wed, 2024-11-27 18:29
Paul Steinhauser looks at how recent political blunders from President Obama and Mitt Romney may have hurt them.
Categories: CNN, Issues, Politics

Obama comment a gift to Romney?

CNN - Politics - Wed, 2024-11-27 18:29
Did the President just hand Mitt Romney a campaign gift? CNN's Jim Acosta reports.
Categories: CNN, Issues, Politics

VI: Police had exigent circumstances but were delayed in finding the motel room defendant was in; once they had it, a warrantless entry was permitted

FourthAmendment.com - News - Wed, 2024-11-27 18:29

Defendant was suspected in the murder of his wife, and he was on the lam with their son. He was tracked to a hotel room that night, but the police waited until the next day to make an entry, which, of course, led to the argument that they had no exigent circumstances. The court finds that they had probable cause to believe that defendant was involved in the murder and the son was likely a witness. And, with probable cause, he could be arrested without a warrant under VI law and the Fourth Amendment. However, the police knew he was at the hotel but not the room, and there was nobody to ask, and that’s why they waited until morning. If they could have isolated the room, then they could have gotten an oral or telephonic warrant if necessary [n.13]. As soon as they had a room number, they went in. Nicholas v. People, 2012 V.I. Supreme LEXIS 48 (June 6, 2012):

Here, the police clearly possessed exigent circumstances at the time they entered the hotel room. "Circumstances involving the protection of a child's welfare, even absent suspicions of criminal activity, may present an exigency permitting warrantless entry, but only if the officer reasonably believes that 'someone is in imminent danger.'" Ray v. Twp. of Warren, 626 F.3d 170, 177 (3d Cir. 2010) (quoting Parkhurst v. Trapp, 77 F.3d 707, 711 (3d Cir. 1996)). At the time the police gathered the relevant information—that Nicholas was in Room 205 of the Bella Vista Hotel with his son—they had reason to believe that D.N. witnessed his mother's murder and may, in fact, have been the only eyewitness. (S.A. 144.) They knew that a gun was used in the killing but was not left at the crime scene. (S.A. 172.) The police had statements from neighbors establishing that Nicholas entered the apartment that morning. (S.A. 238.) Shortly after he entered, the neighbors heard the sound of a gunshot and a loud thump, and Nicholas was seen leaving the apartment in a hurry with his son. (S.A. 143, 144, 200; J.A. 113-15.) Although the police had no evidence that Nicholas ever threatened his son, they knew that he had both a motive and the opportunity to silence his son, the only likely eyewitness. Therefore, the police acted reasonably and the trial court correctly found that exigent circumstances justified the warrantless entry and search. See United States v. Thompson, 357 Fed. Appx. 406, 411 (3d Cir. 2009) (finding exigent circumstances where witnesses to a shoot-out saw a participant to the crime pull a child out of a bullet-ridden vehicle and enter an apartment); United States v. Parris, 229 Fed. Appx. 130, 135 (3d Cir. 2007) (determining that it was reasonable for police to enter a home without a warrant where a man who had been firing a weapon outside the house had entered the home, where children were inside and appeared afraid, and where the police could not see inside well enough to determine if anyone was injured or being held against their will); State v. Aviles, 891 A.2d 935, 945 (Conn. 2006) (concluding that police acted reasonably when they entered the room of someone suspected of having committed murder within the last twelve hours and where the murder weapon had not yet been recovered, because the assailant might still have possessed the gun and might still have been willing to use it); Columbus v. Montgomery, No. 09AP-537, 2011 WL 983080, at *10 (Ohio Ct. App. Mar. 22, 2011) (unpublished) (finding exigent circumstances where children may have been sexually abused and were inside an apartment, possibility with the alleged assailant, even though there was no evidence of ongoing violence).

Axelrod says voters will judge Obama on actions

AP - Politics - Wed, 2024-11-27 18:29
WASHINGTON (AP) -- Senior political adviser David Axelrod says he doesn't think voters will make much of President Barack Obama's remark that the private sector is doing fine....

Axelrod says voters will judge Obama on actions

AP - Politics - Wed, 2024-11-27 18:29
WASHINGTON (AP) -- Senior political adviser David Axelrod says he doesn't think voters will make much of President Barack Obama's remark that the private sector is doing fine....

Axelrod says voters will judge Obama on actions

AP - Politics - Wed, 2024-11-27 18:29
WASHINGTON (AP) -- Senior political adviser David Axelrod says he doesn't think voters will make much of President Barack Obama's remark that the private sector is doing fine....

Axelrod says voters will judge Obama on actions

AP - Politics - Wed, 2024-11-27 18:29
WASHINGTON (AP) -- Senior political adviser David Axelrod says he doesn't think voters will make much of President Barack Obama's remark that the private sector is doing fine....

Axelrod says voters will judge Obama on actions

AP - Politics - Wed, 2024-11-27 18:29
WASHINGTON (AP) -- Senior political adviser David Axelrod says he doesn't think voters will make much of President Barack Obama's remark that the private sector is doing fine....

Axelrod says voters will judge Obama on actions

AP - Politics - Wed, 2024-11-27 18:29
WASHINGTON (AP) -- Senior political adviser David Axelrod says he doesn't think voters will make much of President Barack Obama's remark that the private sector is doing fine....

Axelrod says voters will judge Obama on actions

AP - Politics - Wed, 2024-11-27 18:29
WASHINGTON (AP) -- Senior political adviser David Axelrod says he doesn't think voters will make much of President Barack Obama's remark that the private sector is doing fine....

Axelrod says voters will judge Obama on actions

AP - Politics - Wed, 2024-11-27 18:29
WASHINGTON (AP) -- Senior political adviser David Axelrod says he doesn't think voters will make much of President Barack Obama's remark that the private sector is doing fine....

Axelrod says voters will judge Obama on actions

AP - Politics - Wed, 2024-11-27 18:29
WASHINGTON (AP) -- Senior political adviser David Axelrod says he doesn't think voters will make much of President Barack Obama's remark that the private sector is doing fine....

Axelrod says voters will judge Obama on actions

AP - Politics - Wed, 2024-11-27 18:29
WASHINGTON (AP) -- Senior political adviser David Axelrod says he doesn't think voters will make much of President Barack Obama's remark that the private sector is doing fine....
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