US

WV: Stop for no passenger side mirror without legal basis

FourthAmendment.com - News - Tue, 2024-11-26 12:31

West Virginia law does not require two side mirrors, so the fact defendant’s car was missing the passenger side mirror was not cause for a stop, and it didn’t render the vehicle unsafe. Similar is State v. Reid, 722 S.E.2d 364 (Ga. App. 2012), where the vehicle had no side mirrors but Georgia law didn’t require them. State v. Dunbar, 2012 W. Va. LEXIS 307 (June 13, 2012).*

The USMJ erred in concluding that a U.S. MLAT request of the Netherlands to locate the defendant for an arrest led to a joint venture. On his own, the Netherlands police officer requested a wiretap warrant to locate defendant’s telephone. The U.S. had nothing to do with the wiretap request, so the product of that was not a joint venture. The fact the U.S. requested copies of tapes and transcripts that weren’t forwarded until after he was wasn’t important. United States v. Omar, 2012 U.S. Dist. LEXIS 83665 (D. Minn. June 18, 2012).

No Cross Too Small to Escape Atheists' Attack

Eagle Forum - Tue, 2024-11-26 12:31
Today I'm going to remind you that no cross is too small to escape being targeted for removal by the atheists. In Woonsocket, Rhode Island, a little town you probably never heard of, a cross has been standing in the parking lot of the local fire station for 97 years. Mayor Leo Fontaine said, "The monument's been sitting there for 97 years and no one had a problem with it. And now someone from Phyllis Schlaflyhttp://www.blogger.com/profile/11930380089191812969noreply@blogger.com0

McConnell: Time to 'start over' on health care

AP - U.S. News - Tue, 2024-11-26 12:31
WASHINGTON (AP) -- The top-ranking Republican in the Senate calls the Obama health care law the first step in "Europeanizing America" and says Congress should "start over" if the system is ruled invalid by the Supreme Court....
Categories: Associated Press, News, US

Sandusky to take stand? Attorney says 'stay tuned'

AP - U.S. News - Tue, 2024-11-26 12:31
BELLEFONTE, Pa. (AP) -- A witness called by Jerry Sandusky's defense says one of his accusers has a reputation for dishonesty and has "embellished stories."...
Categories: Associated Press, News, US

Millions still go without insurance if law passes

AP - U.S. News - Tue, 2024-11-26 12:31
One of the biggest misconceptions about President Obama's health care overhaul isn't who the law will cover, but rather who it won't....
Categories: Associated Press, News, US

Ex-Rutgers student in webcam case leaves jail

AP - U.S. News - Tue, 2024-11-26 12:31
NORTH BRUNSWICK, N.J. (AP) -- A former Rutgers University student who was convicted of bias for using a webcam to see his roommate and another man kissing was released from jail Tuesday after serving 20 days of a 30-day sentence....
Categories: Associated Press, News, US

Ex-Rutgers student in webcam case leaves jail

NORTH BRUNSWICK, N.J. — A former Rutgers University student who was convicted of bias for using a webcam to see his roommate and another man kissing was released from jail Tuesday after serving 20 days of a 30-day sentence.

Dharun Ravi, 20, reported to the Middlesex County jail on May ...

E.D.Pa.: Search warrant's use of “including but not limited to” not per se a general search; it has to be read in context

FourthAmendment.com - News - Tue, 2024-11-26 12:31

Motion to suppress filed twelve days before trial and a month after the motions cutoff was clearly untimely and there is no good cause tendered for the delay. Nevertheless, the court will go to the merits [meaning: the court can rule against the defense anyway, so why leave this 2255 issue looming?]. “[I]ncluding but not limited to” in a search warrant with a specific list is not an authorization for a general search because it has to be read in context of what it connects to. Even so, the good faith exception applies. United States v. Staton, 2012 U.S. Dist. LEXIS 83933 (E.D. Pa. June 15, 2012):

Thus, general phrases in a warrant must be read in the context of the entire warrant and not in isolation. Andresen, 427 U.S. at 473; see also United States v. Johnson, 690 F.2d 60, 64 (3d Cir. 1982) (noting that warrants must be read as a whole). Here, the phrase "including but not limited to," followed by the list of materials, certainly is not separate from the list of items to be searched and seized. Based upon a reasonable reading of the language, "including but not limited to" refers to and modifies the prior phrase "business records." If anything, the list of seven categories of materials, and specific examples, that follow define the term "business records" more narrowly and therefore limit, rather than expand, the scope of the searches. Accordingly, the three warrants at issue are not general warrants. See $92,422.57, 307 F.3d at 149 (holding that while the scope of the warrant at issue "was certainly extensive, the warrant was not general" since the warrant "'describ[ed] in ... inclusive generic terms what is to be seized'" and "did not vest the executing officers with 'unbridled discretion' to search for and seize whatever they wished"); ...

Tests show students struggle to explain answers

AP - U.S. News - Tue, 2024-11-26 12:31
American children do much better identifying the correct answers to simple scientific tasks than using evidence from their experiments to explain those answers....
Categories: Associated Press, News, US

Tests show students struggle to explain answers

AP - U.S. News - Tue, 2024-11-26 12:31
American children do much better identifying the correct answers to simple scientific tasks than using evidence from their experiments to explain those answers....
Categories: Associated Press, News, US

Obama 'encouraged' on Europe; G-20 seeks answers

AP - U.S. News - Tue, 2024-11-26 12:31
LOS CABOS, Mexico (AP) -- Needing an economic boost, President Barack Obama is trying to land assurances that Europe is closing in on a financial crisis response that will calm the markets and keep the continent's woes from undermining the world. As he presses European leaders to drum up economic demand, they want promises the United States won't plunge off a fiscal cliff by year's end....
Categories: Associated Press, News, US

Psychologist: Sandusky has personality disorder

BELLEFONTE, Pa. (AP) — Former Penn State assistant football coach Jerry Sandusky has a personality disorder that might explain the "creepy" letters he sent to one of his accusers, a psychologist said Tuesday.

Elliot Atkins, the psychologist, told jurors that he diagnosed Sandusky with histrionic personality disorder after talking with ...

Talk of drones patrolling US skies spawns anxiety

AP - U.S. News - Tue, 2024-11-26 12:31
WASHINGTON (AP) -- The prospect that thousands of drones could be patrolling U.S. skies by the end of this decade is raising the specter of a Big Brother government that peers into backyards and bedrooms....
Categories: Associated Press, News, US

Talk of drones patrolling U.S. skies spawns anxiety

WASHINGTON (AP) — The prospect that thousands of drones could be patrolling U.S. skies by the end of this decade is raising the specter of a Big Brother government that peers into backyards and bedrooms.

The worries began mostly on the political margins, but there are signs that ordinary people ...

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