US

S.D.Tex.: Merely alleging there was a basis for a suppression motion isn't enough for IAC

FourthAmendment.com - News - Wed, 2024-11-27 09:41

Merely alleging there was a basis for a suppression motion that was not filed does not allege IAC under Strickland. United States v. Action, 2012 U.S. Dist. LEXIS 81137 (S.D. Tex. June 12, 2012):

[B]y arguing that "there was a sufficient basis to file a motion to suppress," and that the defense "had nothing to lose and everything to gain" by filing the motion, Defendant does not establish ineffective assistance of counsel. Defendant must do more than allege there were grounds for filing the motion; he must prove that the motion would have been granted. He must move beyond asserting that there was no downside to filing the motion; he must establish a reasonable probability that, but for counsel's failure to file the motion, the result of his proceeding would have been different.

Defendant’s repeated refusal to remove his hands from his pockets during a traffic stop became reasonable suspicion. United States v. Fletcher, 2012 U.S. Dist. LEXIS 79795 (M.D. Tenn. June 8, 2012).*

When defendant’s DL was called in, there was a note to call his federal PO, which happened. That did not unreasonably extend the length of the stop. United States v. Campbell, 2012 U.S. Dist. LEXIS 81083 (E.D. Tenn. May 22, 2012).*

Closings set in Houston stand your ground trial

AP - U.S. News - Wed, 2024-11-27 09:41
HOUSTON (AP) -- Jurors will soon begin deliberating the fate of a Texas man who argues the state's version of a stand-your-ground law allowed him to fatally shoot a neighbor in 2010 after a confrontation about a loud party....
Categories: Associated Press, News, US

Feds: Horse racing operation tied to drug cartel

AP - U.S. News - Wed, 2024-11-27 09:41
RUIDOSO, N.M. (AP) -- In the stables at a prominent quarter horse track in New Mexico, workers quietly nicknamed Jose Trevino Morales's stables as the "Zetas' stables" and say they often saw people show up with bags of cash to buy the horses....
Categories: Associated Press, News, US

Gunman dies after 14-hour Neb. pharmacy standoff

AP - U.S. News - Wed, 2024-11-27 09:41
OMAHA, Neb. (AP) -- A gunman who held a pharmacy owner hostage at his store in rural western Nebraska is dead after a 14-hour standoff, the Nebraska State Patrol said early Wednesday....
Categories: Associated Press, News, US

Powell opposes US military intervention in Syria

AP - U.S. News - Wed, 2024-11-27 09:41
WASHINGTON (AP) -- Former Secretary of State Colin Powell says he's against any direct U.S. military involvement in violence-ravaged Syria....
Categories: Associated Press, News, US

D.Utah: Inventory was pretext; tow of vehicle occurred without reason

FourthAmendment.com - News - Wed, 2024-11-27 09:41

The excuse for stopping the defendant was that the license plate looked counterfeit, but it was apparent that it was not, and the reason for the stop thus evaporated. There is no law prohibiting a driver from using the roads of this country with a Mexican driver’s license. The officer called for a tow truck without any reason, and then conducted a rummaging search that was a purported inventory. The government’s failure to raise standing until the suppression hearing was waiver of the issue because it prejudiced defendant’s ability to prove standing. United States v. Garcia-Medina, 2012 U.S. Dist. LEXIS 80620 (D. Utah June 8, 2012):

It is well-established that an inventory search may not be used as a ruse for a general search. Florida v. Wells, 495 U.S. 1, 4, 110 S. Ct. 1632, 109 L. Ed. 2d 1 (1990) ("Our view that standardized criteria or established routine must regulate the opening of containers found during inventory searches is based on the principle that an inventory search must not be a ruse for a general rummaging in order to discover incriminating evidence.") (internal citations omitted). ...

Here, Trooper Sheets did not write anything down. He was not methodical in his search. He was tapping and rummaging, looking for something hidden. He called for a drug-sniffing dog without any basis for suspecting that drugs were present. And he made that request almost immediately after he requested the tow truck, even though at that point in the stop he had not asked Mr. Garcia-Medina questions to dispel his concerns about the driver's license, Mr. Garcia-Medina's residency in Arizona, or anything else of substance. The court finds that the purported inventory search was a pretext for investigating criminal activity and so it violated Mr. Garcia-Medina's Fourth Amendment rights.

Dispute over ND Fighting Sioux nickname nears end

AP - U.S. News - Wed, 2024-11-27 09:41
FARGO, N.D. (AP) -- North Dakota residents say they've had enough of a decades-old controversy on its flagship university's nickname....
Categories: Associated Press, News, US

Dispute over ND Fighting Sioux nickname nears end

AP - U.S. News - Wed, 2024-11-27 09:41
FARGO, N.D. (AP) -- North Dakota residents say they've had enough of a decades-old controversy on its flagship university's nickname....
Categories: Associated Press, News, US

Feds: Horse racing operation tied to drug cartel

AP - U.S. News - Wed, 2024-11-27 09:41
RUIDOSO, N.M. (AP) -- In the stables at a prominent quarter horse track in New Mexico, workers quietly nicknamed Jose Trevino Morales's stables as the "Zetas' stables" and say they often saw people show up with bags of cash to buy the horses....
Categories: Associated Press, News, US

Jesse Ventura On The Alex Jones Show: Abolish Both Political Parties

TruthNews.US - News - Wed, 2024-11-27 09:41
Infowars.com | Former Governor of Minnesota Jesse Ventura joined Alex Jones for a full hour. Ventura called for the abolition of the Democratic and Republican parities, saying they are worse than violent warring street gangs.

Hubris as the Evil Force in History

TruthNews.US - News - Wed, 2024-11-27 09:41
Paul Craig Roberts | I have always been intrigued by the Battle of Bull Run, the opening battle of the US Civil War, known to southerners as the War of Northern Aggression.

Russia Sends Military Aid to Syria

TruthNews.US - News - Wed, 2024-11-27 09:41
Infowars.com | The Obama administration says Russia is sending attack helicopters to Syrian President Bashar Assad's regime and is warning about a dramatic escalation in the Arab country's 15-month conflict.

NASA chief to see history-making SpaceX capsule

AP - U.S. News - Wed, 2024-11-27 09:41
McGREGOR, Texas (AP) -- NASA's administrator is to visit the history-making Dragon spacecraft at a Texas rocket factory....
Categories: Associated Press, News, US

Southern Baptists set to elect 1st black president

AP - U.S. News - Wed, 2024-11-27 09:41
NASHVILLE, Tenn. (AP) -- Four months ago, two African-American pastors stood in a hallway of the Southern Baptist Convention's Nashville headquarters looking at a row of white faces....
Categories: Associated Press, News, US

Southern Baptists set to elect 1st black president

AP - U.S. News - Wed, 2024-11-27 09:41
NASHVILLE, Tenn. (AP) -- Four months ago, two African-American pastors stood in a hallway of the Southern Baptist Convention's Nashville headquarters looking at a row of white faces....
Categories: Associated Press, News, US

Suspect in fatal Auburn shooting surrenders

AP - U.S. News - Wed, 2024-11-27 09:41
MONTGOMERY, Ala. (AP) -- The three-day hunt for a man charged with killing three people near Auburn University ended with the suspect walking up the steps of an Alabama courthouse and peacefully turning himself in to a U.S. Marshal waiting inside....
Categories: Associated Press, News, US
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