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USTropical Storm Beryl could snarl holiday trafficTropical Storm Beryl threatened to snarl traffic on Memorial Day as it brought drenching rain, winds and the possibility of flooding to the southeastern U.S. coast....
Lighter winds help in fight against N. Mexico fireGLENWOOD, N.M. (AP) -- Lighter winds aided crews battling a massive wildfire in southwestern New Mexico's Gila National Forest, but they still were unable to stop the blaze that has raged across more than 190 square miles of mountainous forest lands since last week....
Lighter winds help in fight against N. Mexico fireGLENWOOD, N.M. (AP) -- Lighter winds aided crews battling a massive wildfire in southwestern New Mexico's Gila National Forest, but they still were unable to stop the blaze that has raged across more than 190 square miles of mountainous forest lands since last week....
Lighter winds help in fight against N. Mexico fireGLENWOOD, N.M. (AP) -- Lighter winds aided crews battling a massive wildfire in southwestern New Mexico's Gila National Forest, but they still were unable to stop the blaze that has raged across more than 190 square miles of mountainous forest lands since last week....
3 rescued from plane crash site in remote IdahoBOISE, Idaho (AP) -- Hours after their plane crashed on a steep and snowy mountainside in Idaho, a California fireman, his wife and their adult daughter were airlifted to safety by National Guard rescuers....
3 rescued from plane crash site in remote IdahoBOISE, Idaho (AP) -- Hours after their plane crashed on a steep and snowy mountainside in Idaho, a California fireman, his wife and their adult daughter were airlifted to safety by National Guard rescuers....
3 rescued from plane crash site in remote IdahoBOISE, Idaho (AP) -- Hours after their plane crashed on a steep and snowy mountainside in Idaho, a California fireman, his wife and their adult daughter were airlifted to safety by National Guard rescuers....
3 rescued from plane crash site in remote IdahoBOISE, Idaho (AP) -- Hours after their plane crashed on a steep and snowy mountainside in Idaho, a California fireman, his wife and their adult daughter were airlifted to safety by National Guard rescuers....
Polls on gay marriage not yet reflected in votesNEW YORK (AP) -- Poll after poll shows public support for same-sex marriage steadily increasing, to the point where it's now a majority viewpoint. Yet in all 32 states where gay marriage has been on the ballot, voters have rejected it....
Polls on gay marriage not yet reflected in votesNEW YORK (AP) -- Poll after poll shows public support for same-sex marriage steadily increasing, to the point where it's now a majority viewpoint. Yet in all 32 states where gay marriage has been on the ballot, voters have rejected it....
Polls on gay marriage not yet reflected in votesNEW YORK (AP) -- Poll after poll shows public support for same-sex marriage steadily increasing, to the point where it's now a majority viewpoint. Yet in all 32 states where gay marriage has been on the ballot, voters have rejected it....
Tropical Storm Beryl brings wind, rain to FloridaTropical Storm Beryl moved across northeastern Florida early Monday, bringing drenching rains, driving winds and the threat of flooding to the southeastern U.S. coast, forecasters said....
Crowds gather for Golden Gate Bridge celebrationSAN FRANCISCO (AP) -- Thousands of people flocked to San Francisco's waterfront and onto Golden Gate Bridge on Sunday to celebrate the famous span's 75th birthday....
Crowds gather for Golden Gate Bridge celebrationSAN FRANCISCO (AP) -- Thousands of people flocked to San Francisco's waterfront and onto Golden Gate Bridge on Sunday to celebrate the famous span's 75th birthday....
Crowds gather for Golden Gate Bridge celebrationSAN FRANCISCO (AP) -- Thousands of people flocked to San Francisco's waterfront and onto Golden Gate Bridge on Sunday to celebrate the famous span's 75th birthday....
Crowds gather for Golden Gate Bridge celebrationSAN FRANCISCO (AP) -- Thousands of people flocked to San Francisco's waterfront and onto Golden Gate Bridge on Sunday to celebrate the famous span's 75th birthday....
Crowds gather for Golden Gate Bridge celebrationSAN FRANCISCO (AP) -- Thousands of people flocked to San Francisco's waterfront and onto Golden Gate Bridge on Sunday to celebrate the famous span's 75th birthday....
Concert on National Mall shut down by thunderWASHINGTON (AP) -- The National Memorial Day Concert has been canceled due to a line of thunderstorms that moved into the District of Columbia on Sunday night....
TN: Statement during Terry stop was not product of flagrant misconductDefendant’s statement during an investigative detention was not the subject of flagrant police conduct warranting suppression under Brown. State v. Buford, 2012 Tenn. Crim. App. LEXIS 342 (May 24, 2012)*: Consequently, a weighing of the Brown factors leads to the conclusion that the defendant's statements were sufficiently the product of his own free will so as to purge the taint of any illegal arrest. Moreover, in this case, the legal conclusion dictated by Brown is confirmed by the presence of additional facts. The record reflects that the defendant never requested to leave at any point during the time period he was in police custody. Furthermore, the statements that the defendant made to police were intended to be exculpatory. While the principle that exculpatory statements may be suppressed as fruits of the poisonous tree is a concept as old as the doctrine itself, see Wong Sun, 371 U.S. at 487 (rejecting the government's argument that certain statements should be admissible because they were ostensibly exculpatory), the overarching picture painted by this record is not one of a defendant coerced into making an involuntary confession - or indeed any sort of statement at all--to the police as a result of some pressure or trauma resulting from an illegal detention. LA: Police use of recent burglary as pretext for knock-and-talk did not make it invalidA burglary suspect told the police that he saw marijuana in defendant’s house when he burglarized it. The police used that as a justification for a knock-and-talk, and defendant let them in. They saw marijuana in plain view, and this was valid. Defendant argued pretext for the knock-and-talk, but that was unavailing. State v. Seiler, 2012 La. LEXIS 1428 (May 25, 2012): In this instance, defendant's home was the subject of a recent burglary. Upon information received from the burglary suspect there was contraband in the home, police officers from both the New Orleans Police Property Crimes Unit and officers from the Narcotics Unit traveled to defendant's home to investigate. When the officers knocked on the defendant's door, they requested and were granted entry into his home by the defendant himself. As a result, we do not find the officers were unlawfully in that place at that time. The trial court, to justify its ruling suppressing evidence, stated in its per curiam the officers used a "pretext" to gain entry to the defendant's home, in that the officers attempted to enter the defendant's home under the guise of a continuing burglary investigation, and not a narcotics investigation. However, the United States Supreme Court ruled in Scott v. United States, 436 U.S. 128, 138, 98 S. Ct. 1717, 1723, 56 L.Ed.2d 168 (1978), "the fact that the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer's action does not invalidate the action taken as long as the circumstances, viewed objectively, justify that action." In other words, if the officers had an objective right to knock on the defendant's door and ask to be admitted, it is of no moment the reason they were admitted may not have been the full reason they were at the defendant's home in the first place. Here, detectives knocked on the defendant's door, informed him they were there to investigate the burglary, and they were granted entry voluntarily by the defendant. See, Sanders, 374 So. 2d at 1188. Moral to the story? Don't report a burglary at your house if you keep dope there. Grin and bear it. The number of times I've seen that in reported decisions is significant. You never know when the police will show up thereafter. |
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