US

Cost estimate for insurance aid prompts questions

AP - U.S. News - Thu, 2024-11-28 10:51
WASHINGTON (AP) -- Cost estimates for a key part of President Barack Obama's health care overhaul law have ballooned by $111 billion from last year's budget, and a senior Republican lawmaker on Friday demanded an explanation....
Categories: Associated Press, News, US

Startup sued for putting local TV on the iPhone

NEW YORK — Broadcasters have sued a startup backed by media billionaire Barry Diller that sends live local TV feeds to iPhones and iPads in the New York area.

Two groups of broadcasters, including ABC, CBS, NBC, Fox and the local PBS station, filed suits Thursday in federal court, saying ...

Jury deliberates in ex-Bronco's sex assault trial

AP - U.S. News - Thu, 2024-11-28 10:51
CASTLE ROCK, Colo. (AP) -- Deliberations resume Friday in the sexual assault trial of former Denver Broncos cornerback Perrish Cox, after testimony ended with jurors watching a video of him expressing shock that the alleged victim was pregnant and that he was accused of raping her....
Categories: Associated Press, News, US

Student hurt, man jailed in Ariz. school shooting

AP - U.S. News - Thu, 2024-11-28 10:51
WILLCOX, Ariz. (AP) -- Authorities are working to determine what motivated someone to fire a rifle indiscriminately at a southeastern Arizona high school, injuring 17-year-old boy who was watching a baseball game....
Categories: Associated Press, News, US

In interview, Obama says he's not bluffing on Iran

AP - U.S. News - Thu, 2024-11-28 10:51
WASHINGTON (AP) -- President Barack Obama warned that he is not bluffing about attacking Iran if it builds a nuclear weapon, but in an interview published Friday, Obama also warned U.S. ally Israel that a premature attack on Iran would do more harm than good....
Categories: Associated Press, News, US

OH9: Need to establish standing in a possession offense is not a “Catch-22”

FourthAmendment.com - News - Thu, 2024-11-28 10:51

Defendant was not in a “Catch-22” by having to establish standing since it couldn’t be used to prove guilt. The trial court explained it to her. State v. Vu, 2012 Ohio 746, 2012 Ohio App. LEXIS 650 (9th Dist. February 27, 2012):

[*P23] Vu asserted in the court below that the trial court placed her in a "Catch-22" by insisting that she prove a possessory interest in the properties, as any such proof would aid the State's case. She also avers on appeal that it is illogical that she was barred from seeking suppression on the basis that she lacked a possessory interest, but was found guilty of possession, for which there had to be evidence of a possessory interest. The answer to both arguments lies in the difference between the suppression stage and the trial stage.

[*P24] Although the State bore the burden of proof at trial, it was Vu's burden to prove that she possessed a legitimate expectation of privacy for purposes of suppression. Redding, 2010 Ohio 4286, at ¶ 8, quoting Blackert, 1992 Ohio App. LEXIS 3818, 1992 WL 174642, at *3. Further, any evidence she introduced at the suppression stage to prove that she had a possessory interest would not have been admissible against her at trial on the issue of guilt. Simmons, 390 U.S. at 394. The trial court explained both propositions of law to Vu's counsel at the suppression stage. Even so, Vu's counsel maintained that he did not have any testimony to offer, the record spoke for itself, and Vu automatically should be entitled to challenge the applicable search warrants, given that the State intended to pursue possession charges against her. The United States Supreme Court has specifically rejected the notion of "automatic standing," however, and it was Vu's burden to demonstrate a privacy interest. State v. Johnson, 63 Ohio App.3d 345, 347-348, 578 N.E.2d 867 (9th Dist.1989), citing United States v. Salvucci, 448 U.S. 83, 91-93, 100 S. Ct. 2547, 65 L. Ed. 2d 619 (1980). Because she failed to carry her burden, the trial court did not err by concluding that she lacked standing to challenge the warrants issued for the houses at Troon Avenue, Baywood Drive, and Autumnwood Lane and the apartments at Grand Lake Drive and Stoneybrook Lane.

Come on: Simmons is almost 45 years old.

Florida mulls outlawing Shariah, other foreign law

WEST PALM BEACH, Fla. — A measure to ban the use of foreign laws in domestic courtrooms is progressing in Florida's statehouse, one of dozens of similar efforts across the country that critics call an unwarranted campaign driven by fear of Muslims.

Forty such bills are being pursued in 24 ...

N.D.W.Va.: The GFE question is not “just lacking” in probable cause, but so lacking that no reasonable officer could rely in it

FourthAmendment.com - News - Thu, 2024-11-28 10:51

The affidavit was more than just “bare bones,” and the good faith exception was satisfied. The question is not “just lacking” in probable cause, but so lacking that no reasonable officer could rely in it. United States v. Oldaker, 2012 U.S. Dist. LEXIS 25788 (N.D. W.Va. February 16, 2012).*

Officers had reasonable suspicion for a probation search, and probable cause was not the standard. United States v. Bolivar, 2012 U.S. App. LEXIS 4096 (9th Cir. February 29, 2012).*

To satisfy the Fourth Amendment, an inventory did not require watch commander approval. The policy mentions it, but failure to follow is not a Fourth Amendment issue when the inventory is otherwise proper. State v. Stewart, 2012 Ida. App. LEXIS 17 (February 27, 2012).*

Man in Rutgers video stream says he noticed webcam

NEW BRUNSWICK, N.J. — A man who witnesses say was watched via webcam while kissing a Rutgers University student who later committed suicide took the stand Friday, telling jurors he noticed the webcam while the two were being intimate.

"I had just glanced over my shoulder and I noticed there ...

For family of Mass. student, no end to the waiting

AP - U.S. News - Thu, 2024-11-28 10:51
NEWTON, Mass. (AP) -- New Balance running shoes rest on a Boston College floor mat as Luzmila Garcia starts the climb to her son Franco's attic bedroom....
Categories: Associated Press, News, US

Wary eye on skies in towns hit by deadly twisters

HARRISBURG, Ill. — Kera Wise picked through the fragments of her aunt and uncle's tornado-ruined home with a determined hustle under clear skies that weather forecasters warned could again turn dark and dangerous.

Wise figured she had little time to waste Thursday as she stuffed photo albums and what few ...

Homecoming Marine wanted to show partner his love

AP - U.S. News - Thu, 2024-11-28 10:51
HONOLULU (AP) -- Sgt. Brandon Morgan didn't expect to become a global phenomenon when he kissed his partner upon returning from a six-month deployment to Afghanistan....
Categories: Associated Press, News, US

Homecoming Marine wanted to show partner his love

AP - U.S. News - Thu, 2024-11-28 10:51
HONOLULU (AP) -- Sgt. Brandon Morgan didn't expect to become a global phenomenon when he kissed his partner upon returning from a six-month deployment to Afghanistan....
Categories: Associated Press, News, US

CA11: No qualified immunity for Tasering an unarmed man in a tree to get him out

FourthAmendment.com - News - Thu, 2024-11-28 10:51

Plaintiff overcame qualified immunity in his claim that he was standing in a tree showing his hands when officers were trying to arrest him, having thrown down his rifle. They gave him conflicting orders, and Tasered him and he fell from the tree. Their claim that he could have jumped on them from the tree to grab the gun was dubious at best. Harper v. Perkins, 2012 U.S. App. LEXIS 4064 (11th Cir. February 29, 2012) (unpublished).*

Defendant’s racial motivation for a stop failed here because, after the stop ended and he was told he was free to leave, he continued to talk to the officer and ultimately consented. United States v. Curry, 2012 U.S. Dist. LEXIS 25803 (D. Neb. February 29, 2012).*

Plaintiff in this FTCA case was caught stealing from the mail, and a body search was conducted with his consent to locate fluorescent powder markings from the mail he tampered with. Thus, his consent and failure to object denies him a claim for this. Pinero v. United States, 2012 U.S. Dist. LEXIS 22376 (D. P.R. February 20, 2012).*

Classes resume at Ohio high school after shooting

AP - U.S. News - Thu, 2024-11-28 10:51
CHARDON, Ohio (AP) -- Students mourning the deaths of three teens in a shooting at an Ohio high school returned to class Friday, a day after charges were filed in juvenile court against the 17-year-old suspect....
Categories: Associated Press, News, US

Classes resume at Ohio high school after shooting

AP - U.S. News - Thu, 2024-11-28 10:51
CHARDON, Ohio (AP) -- Students mourning the deaths of three teens in a shooting at an Ohio high school returned to class Friday, a day after charges were filed in juvenile court against the 17-year-old suspect....
Categories: Associated Press, News, US

E.D.Mo.: Officer could go with a arrestee asking to go back for clothes; plain view sustained

FourthAmendment.com - News - Thu, 2024-11-28 10:51

Defendant was arrested at home in her pajamas. She was allowed to reenter to get dressed, but officers were allowed to go in with her for self-protection, and a sawed off shotgun was seen inside leaning against the wall. This observation was lawful. [If she didn’t want them to see the gun, she should not have asked to go back inside. This is just like Christman.] United States v. Reid, 2012 U.S. Dist. LEXIS 24523 (E.D. Mo. February 7, 2012):

When the deputies arrested Graham at 712 Thrush, she was dressed in her pajamas. Following the arrest and a brief discussion, the deputies allowed Graham to reenter 712 Thrush to change her clothes. Although the deputies had no specific reason to suspect danger to them or that Graham might attempt to escape, the deputies were entitled to enter the residence immediately before or with Graham and to remain with her as she changed clothes. Debuse, 289 F.3d at 1074-75 (holding that where the defendant "chose to reenter his house simply for his own convenience[,] [a]llowing reentry on the condition that the officers accompany him was reasonable"); ....

Based on prior wiretaps, officers had probable cause as to defendant. When they saw what appeared to be a hand to hand transaction, they had more probable cause to stop him. United States v. Coria, 2012 U.S. Dist. LEXIS 24624 (D. Minn. January 25, 2012).*

Bodies of 2 missing crew found after chopper crash

AP - U.S. News - Thu, 2024-11-28 10:51
MOBILE, Ala. (AP) -- U.S. Coast Guard officials said they've recovered the bodies of two of the three crewmembers who had been missing since a helicopter crashed in Mobile Bay in Alabama....
Categories: Associated Press, News, US

Some upset about Jeffrey Dahmer walking tour in Milwaukee

MILWAUKEE (AP) — A marketing group in Wisconsin wants to give walking tours of the bar where serial killer Jeffrey Dahmer met and hung out with some of his victims.

But when victims' families and others found out about the tours this week through a Groupon promotion for a cut-rate ...

Wary eye on skies in towns hit by deadly twisters

AP - U.S. News - Thu, 2024-11-28 10:51
HARRISBURG, Ill. (AP) -- Kera Wise picked through the fragments of her aunt and uncle's tornado-ruined home with a determined hustle under clear skies that weather forecasters warned soon might again turn dark and dangerous....
Categories: Associated Press, News, US
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