US

EPA regs could hamper oil, natural gas production, report says

Despite rhetoric to the contrary, the Obama administration is poised to deal a major blow to U.S. oil and natural gas, a leading industry group charged Thursday.

Domestic production of both fuels could plummet if proposed Environmental Protection Agency regulations, designed to limit emissions from well sites, go into effect ...

Obama defends energy record

AP - U.S. News - Sat, 2024-11-30 05:38
LARGO, Md. (AP) -- Vigorously defending his policies, President Barack Obama ridiculed critics of renewable energy sources Thursday, calling them naysayers and comparing them to the flat-earthers of yesteryear....
Categories: Associated Press, News, US

James Cameron, others to explore the real abyss

AP - U.S. News - Sat, 2024-11-30 05:38
WASHINGTON (AP) -- The world's rich and famous will soon explore Earth's lost frontier, starting with "Titanic" director James Cameron....
Categories: Associated Press, News, US

Probe: Document review inadequate in Stevens case

AP - U.S. News - Sat, 2024-11-30 05:38
WASHINGTON (AP) -- An investigation of the bungled criminal prosecution of the late Sen. Ted Stevens has concluded that prosecutors never conducted a comprehensive review of material favorable to the senator....
Categories: Associated Press, News, US

Ga. murder suspect's wife doubts husband's claims

AP - U.S. News - Sat, 2024-11-30 05:38
DECATUR, Ga. (AP) -- The wife of the corporate engineer who claims he was insane when he killed a man outside a Georgia preschool says she believes her husband is faking a mental illness....
Categories: Associated Press, News, US

Judge moves Clemens trial up a day, to April 16

AP - U.S. News - Sat, 2024-11-30 05:38
WASHINGTON (AP) -- The federal judge overseeing Roger Clemens' trial has moved jury selection in the case up one day, to Monday, April 16....
Categories: Associated Press, News, US

Schools will get to opt out of "pink slime" beef

AP - U.S. News - Sat, 2024-11-30 05:38
ALBANY, N.Y. (AP) -- School districts soon will be able to opt out of a common ammonia-treated ground beef filler critics have dubbed "pink slime."...
Categories: Associated Press, News, US

Feds probe equipment failure at Calif. nuke plant

AP - U.S. News - Sat, 2024-11-30 05:38
LOS ANGELES (AP) -- Federal regulators are sending a special team to investigate the San Onofre nuclear power plant on the Southern California coast after tubes that carry radioactive water failed a pressure test....
Categories: Associated Press, News, US

Ex-Ill. Gov. Blagojevich headed to Colorado prison

AP - U.S. News - Sat, 2024-11-30 05:38
CHICAGO (AP) -- Convicted former Gov. Rod Blagojevich stepped off a plane in Colorado on Thursday and headed to a federal prison to begin a 14-year sentence for corruption, the latest chapter in the downfall of a charismatic politician that seemed more like a bizarre reality TV show than a legal battle....
Categories: Associated Press, News, US

CA7: Attenuation found after illegal search later led to consent

FourthAmendment.com - News - Sat, 2024-11-30 05:38

Attenuation was found with a two hour delay, (unnecessary) Miranda warnings, defendant counseling with his father on his cell phone who told him not to cooperate, and finally thinking about his predicament for at least an hour. United States v. Conrad, 2012 U.S. App. LEXIS 5285 (7th Cir. March 14, 2012)*:

If ordered, suppression of unconstitutionally obtained evidence can permit "[t]he criminal ... to go free because the constable has blundered." People v. Defore, 150 N.E. 585, 587 (N.Y. 1926) (Cardozo, J.). Given a blunder that the Government does not dispute here, Defendant David Conrad argues that the district court should have suppressed all the evidence of child pornography that was recovered following an illegal entry into his father's home. As we explain below, however, the district court correctly denied exclusion of evidence obtained from Mr. Conrad's own home—an hour's drive away from the home that had been illegally entered and which Mr. Conrad authorized the Government to search. That evidence was sufficiently attenuated from the original illegal entry so as to have been purged of the unconstitutional taint.

. . .

Consistent with existing precedent, the district court identified intervening circumstances that favored attenuation: Mr. Conrad's repeated consents to search and his waiver of Miranda rights (which law enforcement was not even required to give because he was not in custody), about two hours after the underlying constitutional violation and in a completely different location. As for the different location, we note that in contrast to cases where no attenuation was found after the defendant was taken, for example, to a police station, e.g., Taylor, 457 U.S. 687, here Mr. Conrad volunteered to go from his family home, a location where, according to the unchallenged findings of the district court, he "was undoubtedly comfortable," Conrad, 578 F. Supp. 2d at 1037, to a location that was as yet unknown to the agents, the Chicago Apartment. He was likely as or more comfortable there, and thus in a better position to decide whether to stand on his constitutional rights there. Furthermore, because the Chicago Apartment was independently protected under the Fourth Amendment, extending the scope of the exclusion would have little additional deterrent effect. Cf. Harris, 495 U.S. at 20 ("Even though we decline to suppress statements made outside the home following a Payton violation, the principal incentive to obey Payton still obtains: the police know that a warrantless entry will lead to the suppression of any evidence found, or statements taken, inside the home. If we did suppress statements like Harris', moreover, the incremental deterrent value would be minimal.").

Although the district court did not explicitly rely on it for this second factor, we also attach particular significance to another, rather unusual, circumstance. Mr. Conrad not only could use his cell phone to obtain advice about his predicament, but he actually did—and was, as the district court found, specifically told by his father "not to talk to the officers." Conrad, 578 F. Supp. 2d at 1025. While he suggests that his decision to ignore that advice was in recognition that he had already confessed to so much that he had no choice but to continue, the district court found, and he does not contest, that his statements were voluntary. Id. at 1036-37. The voluntariness of his statements—made despite superfluous Miranda warnings, a specific warning from his father, and after an hour to think in the car and twenty minutes to think while tending to his cats and showing off music equipment—help establish that his conduct at the Chicago Apartment was "sufficiently an act of free will to purge the primary taint of the unlawful invasion." Wong Sun v. United States, 371 U.S. 471, 486 (1963) (footnote omitted).

House: Feds below average at processing FOIA requests

A congressional committee has given the federal government a below-average C-minus grade on its ability to track basic information about the processing of Freedom of Information Act (FOIA) requests it receives, according to a report released Thursday.

The House Oversight and Government Reform Committee found that 11 of 17 Cabinet-level ...

Schools will get to opt out of 'pink slime' beef

ALBANY, N.Y. (AP) — School districts soon will be able to opt out of a common ammonia-treated ground beef filler critics have dubbed "pink slime."

Amid a growing social media storm over so-called "lean finely textured beef," the U.S. Department of Agriculture was set to announce Thursday that starting in ...

Mom to be reunited with son who vanished in '04

AP - U.S. News - Sat, 2024-11-30 05:38
FORT WORTH, Texas (AP) -- A Texas mother whose infant son vanished eight years ago will soon be reunited with him, after authorities found the boy living with his former baby sitter and her family in another part of the state....
Categories: Associated Press, News, US

Bail hearing Thursday for accused N.Y. madam

NEW YORK (AP) — The accused madam of a multimillion-dollar Manhattan brothel could get out of jail if a judge OKs a defense lawyer's plan to put up his own apartment as bail and a house-arrest locale for her.

Anna Gristina was due in court Thursday for a hearing on ...

W.D.N.C.: Waiting for backup to do a frisk not unreasoanble

FourthAmendment.com - News - Sat, 2024-11-30 05:38

Officer’s waiting for backup to arrive before doing frisk of occupants of the car was not a separate seizure requiring a new analysis of reasonable suspicion. United States v. Boone, 2012 U.S. Dist. LEXIS 33914 (W.D. N.C. March 8, 2012).

This started as a motorist assist and ended up as a warning ticket. The whole thing took nine minutes, which was not unreasonably long. As defendant was leaving, the officer asked if he could ask some additional questions, and that led to a valid consent. The granting of the motion to suppress was reversed. People v. Kats, 2012 Ill. App. LEXIS 158, 2012 IL App (3d) 100683 (March 9, 2012).*

“The 911 hang-up call, combined with the lack of answer on the return and Defendant's overtly aggressive and hostile behavior and refusal to answer basic questions, provided a reasonable basis for the officers to conduct a protective sweep of the house to ensure that no one inside was in need of immediate help. While Defendant had a right to respond as he did, this nevertheless did not dispel the officers' concern for the safety of the occupants.” United States v. Obbanya, 2012 U.S. Dist. LEXIS 33627 (N.D. Cal. March 13, 2012).*

Blagojevich enters federal prison in Colorado

LITTLETON, Colo. (AP) — Convicted former Illinois Gov. Rod Blagojevich entered a federal prison in Colorado on Thursday to begin a 14-year sentence for corruption, the latest chapter in the downfall of a charismatic politician that seemed more like a bizarre reality TV show than a legal battle.

Followed by ...

That's fishy: Feds fight fraud in seafood sizes

AP - U.S. News - Sat, 2024-11-30 05:38
BOSTON (AP) -- Those plump and tempting scallops behind the fish counter glass might be a lot smaller than they look - a sodium-based compound can bloat scallops well past their actual size. And that pollock fillet isn't such a good deal if the price includes the layers of ice glazed onto it to keep it fresh....
Categories: Associated Press, News, US
Syndicate content