US

Fla. grand jury to investigate shooting of unarmed teen

Florida State Attorney Norm Wolfinger said Tuesday his office will convene a grand jury in central Florida to investigate the shooting death of an unarmed black teenager who was killed Feb. 26 in a gated community by a neighborhood watch captain.

Mr. Wolfinger, in a statement, said he shared the ...

Flooding feared after storms sock south-central U.S.

OKLAHOMA CITY (AP) — Residents and businesses from southeast Texas north through western Missouri braced for flooding Tuesday after a violent band of storms brought heavy rain, hail and at least one tornado, with more of the same forecast for the next several days.

The National Weather Service said a ...

Could a US Demjanjuk grave become neo-Nazi shrine?

AP - U.S. News - Sun, 2024-12-01 00:34
CLEVELAND (AP) -- If relatives of convicted Nazi war criminal John Demjanjuk get what they want, their patriarch will be buried in suburban Cleveland - a prospect not sitting well with Jewish advocates who argue the retired autoworker could, in death, become a magnet for neo-Nazis....
Categories: Associated Press, News, US

Court questions life without parole for juveniles

AP - U.S. News - Sun, 2024-12-01 00:34
WASHINGTON (AP) -- The Supreme Court is debating whether young teenagers convicted of killing someone may be locked up for life with no chance of parole, the latest in a line of cases seeking a second chance for young people....
Categories: Associated Press, News, US

Lawyer says Afghan killings suspect recalls little

AP - U.S. News - Sun, 2024-12-01 00:34
FORT LEAVENWORTH, Kan. (AP) -- Army Staff Sgt. Robert Bales remembers little about the night he is accused of slaughtering 16 Afghan civilians in a nighttime shooting rampage, his lawyer says....
Categories: Associated Press, News, US

Court says state can't be sued over sick leave

AP - U.S. News - Sun, 2024-12-01 00:34
WASHINGTON (AP) -- The Supreme Court says a state can't be sued under the Family and Medical Leave Act for refusing to give an employee time off to recover from an illness....
Categories: Associated Press, News, US

Obama appeals to Iranians on Persian new year

AP - U.S. News - Sun, 2024-12-01 00:34
WASHINGTON (AP) -- Amid heightened tensions between their nations, President Barack Obama on Tuesday made a direct appeal to the Iranian people, saying there was "no reason for the United States and Iran to be divided from one another."...
Categories: Associated Press, News, US

Top commander in Afghanistan says mission on track

AP - U.S. News - Sun, 2024-12-01 00:34
WASHINGTON (AP) -- The top U.S. commander in Afghanistan says efforts to hand over security to the Afghans and wind down the decade-plus war are on track despite anger over a U.S. soldier's alleged massacre of Afghan civilians and the burning of Qurans....
Categories: Associated Press, News, US

High court has options on health care law

AP - U.S. News - Sun, 2024-12-01 00:34
WASHINGTON (AP) -- The Supreme Court has several options in ruling on President Barack Obama's health care overhaul, from upholding the law to striking it down in its entirety. The court also could avoid deciding the law's constitutionality at all, if it finds the lawsuits challenging the law are premature....
Categories: Associated Press, News, US

A look at Illinois, next battleground for GOP

AP - U.S. News - Sun, 2024-12-01 00:34
A profile of Illinois, latest battleground in the race for the Republican presidential nomination:...
Categories: Associated Press, News, US

Flooding feared after storms sock south-central US

AP - U.S. News - Sun, 2024-12-01 00:34
OKLAHOMA CITY (AP) -- Residents and businesses from southeast Texas north through western Missouri braced for flooding Tuesday after a violent band of storms brought heavy rain, hail and at least one tornado, with more of the same forecast for the next several days....
Categories: Associated Press, News, US

GA: State couldn't justify seizure of clothing in ER in a capital case

FourthAmendment.com - News - Sun, 2024-12-01 00:34

The seizure of defendant’s clothing in the ER was not shown to be supported by any exception to the warrant requirement. It was not shown to be inevitable by the state, it was in an opaque bag so not plain view, and it was not by exigency or consent. Clay v. State, 2012 Ga. LEXIS 301 (March 19, 2012).

There is no constitutional requirement [citing no cases] that a CI be searched before a controlled buy. Also, the CI here unwittingly led the police to defendant, and that enhanced his reliability. United States v. Donnell, 2012 U.S. Dist. LEXIS 36487 (D. Minn. February 2, 2012).*

Wearing an empty holster and putting something in a saddlebag is probable cause there is a gun in the saddlebag. State v. Pryor, 2012 Ohio 1033, 2012 Ohio App. LEXIS 973 (1st Dist. March 16, 2012).*

Feds to investigate fatal shooting of Fla. teen

AP - U.S. News - Sun, 2024-12-01 00:34
SANFORD, Fla. (AP) -- The growing national attention - and outcry - over the case of an unarmed black teen in Florida who was fatally shot by a neighborhood watch captain has culminated with the federal government's announcement that it will launch an investigation....
Categories: Associated Press, News, US

N.D.Ga.: Living at house where drugs are sold still gives standing under Carter

FourthAmendment.com - News - Sun, 2024-12-01 00:34

Defendants lived at the place searched, and the fact that it was also used to distribute drugs did not deny them standing under Carter. United States v. Vazquez-Velazquez, 2012 U.S. Dist. LEXIS 35867 (N.D. Ga. February 23, 2012):

Notwithstanding the Government's evidence that the house at 1986 Benthill Drive was used for some drug activity, the evidence does not establish that the house was used primarily for drug operations. Based on the evidence discussed above, I conclude that Defendants met their burden of showing that they lived in the house and used it for ordinary activities of daily living, and thus, had a legitimate expectation of privacy in the house.

A traffic stop based on a reasonable belief that a traffic violation occurred is proper. United States v. Rodriguez-Trevino, 2012 U.S. Dist. LEXIS 36561 (N.D. Ga. February 21, 2012)*:

"the propriety of the traffic stop does not depend on whether the defendant is actually guilty of committing a traffic offense," but instead, "the pertinent question is whether it was reasonable for the officer to believe that a traffic offense had been committed." United States v. Crump, Criminal Action File No. 4:10-CR-032-HLM-WEJ, 2011 WL 6153106, at *5 (N.D. Ga. Nov. 21, 2011) (citation omitted), adopted by 2011 WL 6179211, at *8 (N.D. Ga. Dec. 12, 2011).

ACLU.org: "Even After Supreme Court GPS Decision, Feds Still Want Warrantless Cell Phone Tracking"

FourthAmendment.com - News - Sun, 2024-12-01 00:34

ACLU.org: Even After Supreme Court GPS Decision, Feds Still Want Warrantless Cell Phone Tracking by Sarah Roberts, Speech, Privacy and Technology Project:

Even after January's landmark Supreme Court decision cast significant doubt on the government’s ability to electronically track a person’s location without a warrant, the Justice Department continues to defend this practice. On Friday, the ACLU, along with the Electronic Frontier Foundation, the Center for Democracy and Technology, and the National Association of Criminal Defense Lawyers, filed a friend-of-the-court brief in the U.S. Court of Appeals for the Fifth Circuit, arguing that the government should be required to obtain a warrant based on probable cause before seizing 60 days’ worth of location information generated by an individual’s cell phone.

Record rainfall inundates central Gulf coast

AP - U.S. News - Sun, 2024-12-01 00:34
PENSACOLA, Fla. (AP) -- Record amounts of rain dropped on the central Gulf coast Saturday, causing what could be millions of dollars in flood damage in the Pensacola area alone with more rain on the way....
Categories: Associated Press, News, US

Job seekers getting asked for Facebook passwords

AP - U.S. News - Sun, 2024-12-01 00:34
SEATTLE (AP) -- When Justin Bassett interviewed for a new job, he expected the usual questions about experience and references. So he was astonished when the interviewer asked for something else: his Facebook username and password....
Categories: Associated Press, News, US

Job seekers getting asked for Facebook passwords

AP - U.S. News - Sun, 2024-12-01 00:34
SEATTLE (AP) -- When Justin Bassett interviewed for a new job, he expected the usual questions about experience and references. So he was astonished when the interviewer asked for something else: his Facebook username and password....
Categories: Associated Press, News, US

House GOP to unveil budget blueprint

AP - U.S. News - Sun, 2024-12-01 00:34
WASHINGTON (AP) -- Conservative Republicans controlling the House unveiled a budget blueprint Tuesday that combines slashing cuts to safety net programs for the poor with sharply lower tax rates in an election-year manifesto painting clear campaign differences with President Barack Obama....
Categories: Associated Press, News, US

Volokh Conspiracy: "What Are the Damages for a Fourth Amendment Search?"

FourthAmendment.com - News - Sun, 2024-12-01 00:34

Volokh Conspiracy: What Are the Damages for a Fourth Amendment Search? by Orin Kerr:

Imagine the police search a home for evidence of crime. No one is home but the door is unlocked, and the officers look in the kitchen, bedroom, and closets. They find nothing, and then they leave. Assume that the police do not damage any property or make a mess of things inside the home.

. . .

Now imagine the homeowner learns of the search. The homeowner believes correctly that the search violated the Fourth Amendment, and he sues the officers for money damages. Imagine five possibilities for why the search violated the Fourth Amendment: ...

Here’s my question. Assume that there is no qualified immunity, and that the officers are liable for whatever damages the homeowner suffered for the search. If you are a juror and you are tasked with estimating the damages, what do you think the damages are for these five scenarios?

With this Supreme Court, not much. Maybe no qualified immunity, but how do you calculate the damages?

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