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WASHINGTON (AP) -- Tens of thousands of students, most of them disabled, are strapped down or physically restrained in school, and disability advocates hope that a new Education Department report detailing the practice of "seclusion and restraint" will spur federal action to end it....

WASHINGTON (AP) -- Tens of thousands of students, most of them disabled, are strapped down or physically restrained in school, and disability advocates hope that a new Education Department report detailing the practice of "seclusion and restraint" will spur federal action to end it....

WASHINGTON (AP) -- Tens of thousands of students, most of them disabled, are strapped down or physically restrained in school, and disability advocates hope that a new Education Department report detailing the practice of "seclusion and restraint" will spur federal action to end it....

Arrival of the police at defendant’s house led to likely destruction of evidence, and that was exigency for an entry by the police. United States v. Boney, 2012 U.S. Dist. LEXIS 30947 (D. Del. March 8, 2012)*:

31. Having found probable cause, the issue becomes whether the record establishes that exigent circumstances were present to support the warrantless, forcible entry into the residence. In finding that exigent circumstances warranted the entry of the residence, the court recognizes that the events unfolded very rapidly, increasing an already precarious undercover investigation. This fluid chain of events began when Hughes surmised that Gonzalez had discovered the police presence and was warning the people inside the house, ostensibly, to destroy evidence and/or arm themselves. The decision to arrest Gonzalez further heightened the danger through the noise and attention drawn to the area. In fact, defendant averred that the sounds of screeching tires drew him to the window to open the curtains and that he saw people running toward the residence. During those split seconds that the curtains were open, Collins, at very close proximity, observed an individual place something in the couch before the curtains were quickly closed. Defendant's own affidavit corroborates the observation. Further, while standing in front of the residence, Hughes heard loud noises and movement coming from inside. With officers stationed in vulnerable positions, Hughes made the decision to forcibly enter the residence to protect themselves and prevent the destruction of evidence.

32. The record does not support defendant's contention that officers created the exigency. Rather, the quickly unfolding events satisfactory demonstrate that officers acted reasonably. There was nothing of record to suggest that officers' conduct caused or manipulated the events to create the need to forcibly enter the residence.

Then what is a police created exigency? The police just show up, and exigency is a self-fulfilling prophecy in Delaware?

PITTSBURGH (AP) -- A gunman who shot to death a worker and wounded six others at psychiatric hospital at the University of Pittsburgh this week was himself killed by campus police who had trained for a Virginia Tech-style shooting, authorities said....

Inventory law requires that there be a standardized policy which need not be in writing. The policy has to include inventorying containers within containers, and this one doesn’t, so that part would be invalid, if it applied here. State v. Goss, 2012 Ohio 857, 2012 Ohio App. LEXIS 747 (9th Dist. March 5, 2012).

Defendant’s MySpace page came into evidence, and he only challenged it as a search on appeal, for which he cited no law. That argument was waived. State v. Yates, 2012 Ohio 919, 2012 Ohio App. LEXIS 809 (8th Dist. March 8, 2012).*

Search claim not raised in original case procedurally barred in § 2255. Grose v. United States, 2011 U.S. Dist. LEXIS 153875 (S.D. W.Va. December 19, 2011).*

Defendant conceded his traffic stop was lawful, and that led to a plain view of a gun. Since defendant was known to be a felon, that was probable cause for an arrest. United States v. Chivers, 2012 U.S. Dist. LEXIS 30123 (W.D. Mo. February 10, 2012).*

A search warrant that named defendant at his house did not permit a general search of defendant wherever he was found; a frisk yes. United States v. Andrews, 2012 U.S. Dist. LEXIS 30523 (D. Mass. March 8, 2012):

I find that the warrant in this case did not permit a general search of the defendant away from the premises, 452 Kempton Street, although the pat-frisk of him was reasonable. The Massachusetts Supreme Judicial Court decision in Commonwealth v. Santiago, 410 Mass. 737, 741-742 (1991), and Professor LaFave indicate that, in the context of the language in the search warrant in this case, the officers were authorized by the warrant to search Andrews only at 452 Kempton Street. See 2 LaFave, Search and Seizure, §4.9(a) ("Sometimes the search warrant which is being executed will describe not only certain premises but also a person. There is no inherent defect in a single warrant which authorizes the search of a place and also a person, and thus a search of the named person when he is found at the place will be a valid search under the warrant.").

The warrant was for contraband, not for mere evidence of a crime. Andrews was a felon and known to be a felon. It was a federal crime for him to possess a gun. See 18 U.S.C. §922(g). In addition, he did not have an FID card. See M.G.L. c. 140, §129C. The search for guns at 452 Kempton Street was a search for contraband in the circumstances of this case.

Strictly Personal 5-7-10

WASHINGTON (AP) -- Sen. Lisa Murkowski says she saw it coming, even before the public scolding last weekend at Alaska's Iditarod dog sled race. Siding with Republican leaders on a contentious contraceptives vote was a mistake....

WASHINGTON (AP) -- Unions may be united in working to re-elect President Barack Obama, but their leaders also are trying to repair bitter divisions over his rejection of an oil pipeline from Canada to Texas....

WASHINGTON (AP) -- Unions may be united in working to re-elect President Barack Obama, but their leaders also are trying to repair bitter divisions over his rejection of an oil pipeline from Canada to Texas....

LOS ANGELES (AP) -- A big rock that has been lumbering across Southern California for the past week and a half arrived at the Los Angeles County Museum of Art before dawn Saturday, cheered on by what has become an audience of tens of thousands....

LOS ANGELES (AP) -- A big rock that has been lumbering across Southern California for the past week and a half arrived at the Los Angeles County Museum of Art before dawn Saturday, cheered on by what has become an audience of tens of thousands....

WASHINGTON (AP) -- Tens of thousands of students, most of them disabled, are strapped down or physically restrained in school, and disability advocates hope that a new Education Department report detailing the practice of "seclusion and restraint" will spur federal action to end it....

WASHINGTON (AP) -- The Pentagon is planning to restart programs that would fund military training and equipment in Yemen, nearly a year after they were shut down because of escalating chaos in the embattled country....

WASHINGTON (AP) -- Top U.S. officials all the way up to President Barack Obama are predicting the Syrian regime's days are numbered, but recent U.S. intelligence reports suggest that the Syrian leader commands a formidable army that is unlikely to turn on him, an inner circle that has stayed loyal and a Syrian elite that still supports his rule....

ALBUQUERQUE, N.M. (AP) -- Snuggling in a blue sleeping bag, Margaret Page and her cat survived 3 1/2 weeks in a rugged New Mexico national forest, even though temperatures dropped below freezing nearly every night....

ALBUQUERQUE, N.M. (AP) -- Snuggling in a blue sleeping bag, Margaret Page and her cat survived 3 1/2 weeks in a rugged New Mexico national forest, even though temperatures dropped below freezing nearly every night....

WASHINGTON (AP) -- President Barack Obama wants Congress to help states rehire teachers and act on a key part of last year's jobs bill. He says the last thing the U.S. needs is to have fewer teachers in our schools....

WASHINGTON (AP) -- President Barack Obama is paying tribute to veterans during Memorial Day weekend, honoring those willing to sacrifice their lives for their country....