VoteKansas.org

The product of the wiretap in this case gave probable cause to believe that defendant had drugs in his car when he showed up as predicted. United States v. Carey, 2012 U.S. Dist. LEXIS 72846 (S.D. Cal. May 24, 2012).*

A juvenile’s school photo ID was used in a photo lineup. He claimed an expectation of privacy in it, and the trial court granted a motion to suppress. Remanded for a determination of how all this came about because it can’t be determined whether there is a reasonable expectation of privacy on this record. “Such evidence might also help resolve whether the student identification card and photograph form part of the confidential ‘student record’ under State and Federal education regulations; if they are part of the student record, that fact would also bear on whether the juvenile had a reasonable expectation of privacy in the photograph.” Commonwealth v. Zachary Z., 2012 Mass. LEXIS 370 (May 24, 2012).*

By affidavit in response to the motion to suppress, the government showed that the drug dog was reliable and the motion to suppress is denied without a hearing. United States v. Sandoval, 2012 U.S. Dist. LEXIS 72776 (E.D. Cal. May 24, 2012):

"Based upon [these undisputed facts], the Government has met its burden of proving [Darco's] reliability." United States v. Neatherlin, 66 F. Supp. 2d 1157, 1160-61 (D. Mont. 1999)(stating evidence that the narcotics detection dog trains eight hours every two weeks, is tested and certified annually, and does not alert where no drugs are present "shows, by a preponderance of the evidence, that [the dog] is reliable"); see also Spetz, 721 F.2d at 1464 (stating a "mistake in the affidavit [supporting a search warrant] as to [the narcotics detection dog's] record was unimportant because the difference in figures[, i.e. alerting correctly 56 out of 61 occasions versus 60 out of 66 occasions,] is immaterial and would not have affected the magistrate's judgment of the dog's reliability").

INDIANAPOLIS (AP) — Tens of thousands of fans glistening with sunscreen and toting coolers filled with ice and water descended on the Indianapolis Motor Speedway on Sunday for what could be the hottest Indianapolis 500 on record.

Temperatures were forecast to climb into the mid-90s during the afternoon's race, and ...

The woman, Ramiro Penaherrera recalls, was from Texas. Probably in her 60s. He never asked her name. It was Memorial Day of last year, and Mr. Penaherrera, a flower grower from Ecuador, was handing out roses two at a time — one to place atop the headstones at Arlington National ...

ATLANTA — Tropical Storm Beryl already was wrecking some Memorial Day weekend plans on Sunday, sending shoreline campers packing to head inland and canceling some events in the southeastern United States.

Beryl was still well offshore, but officials in Georgia and Florida were bracing for drenching rains and driving winds. ...