US

CA10: Pulling off I-70 at ruse checkpoint signs at off-ramp is not reasonable suspicion; more required

FourthAmendment.com - News - Thu, 2024-11-28 11:03

Relying on Edmond, United States v. Yousif, 308 F.3d 820 (8th Cir. 2002), and United States v. Prokupek, 632 F.3d 460 (8th Cir. 2011), the Tenth Circuit holds that stopping cars that pulled off at an exit by ruse checkpoint was not based on reasonable suspicion. Pulling off was a factor in RS, but more is required. United States v. Neff, 10-3336 (10th Cir. June 5, 2012):

We agree with the Eighth Circuit that a driver's decision to use a rural highway exit after seeing drug checkpoint signs may serve as a valid, and indeed persuasive, factor in an officer's reasonable suspicion analysis. See, e.g., Carpenter, 462 F.3d at 987; United States v. Klinginsmith, 25 F.3d 1507, 1510 n.1 (10th Cir. 1994) (listing as one valid factor that "the defendants took an exit which was the first exit after a narcotics check lane sign, and an exit that was seldom used"). But standing alone, it is insufficient to justify even a brief investigatory detention of a vehicle. Here, of course, the government points to a number of other factors that the trooper relied on in forming reasonable suspicion, including: (1) Neff's car had a Shawnee County license plate but was driving in Wabaunsee County; (2) the exit was in a rural area without highway services such as restaurants or gas stations; (3) Neff pulled into a private driveway where he did not seem to have any reason to be; (4) Neff had a startled look on his face when he saw the trooper.

. . .

These facts, when taken together, do not fairly suggest that Neff was attempting to evade police. To be sure, an officer is “entitled to make an assessment of the situation in light of his specialized training and familiarity with the customs of the area’s inhabitants.” Arvizu, 534 U.S. at 276. But even considering the totality of the circumstances, Neff’s conduct conformed to the patterns of everyday travel. ...

Jury selection resumes in Jerry Sandusky case

AP - U.S. News - Thu, 2024-11-28 11:03
BELLEFONTE, Pa. (AP) -- The fast-moving jury selection for former Penn State assistant football coach Jerry Sandusky's child sex abuse trial could wrap up quickly as lawyers try to fill the seven remaining slots on the panel....
Categories: Associated Press, News, US

Ray Bradbury, author of 'Fahrenheit 451,' dies

AP - U.S. News - Thu, 2024-11-28 11:03
LOS ANGELES (AP) -- Ray Bradbury, the science fiction-fantasy master who transformed his childhood dreams and Cold War fears into telepathic Martians, lovesick sea monsters, and, in uncanny detail, the high-tech, book-burning future of "Fahrenheit 451," has died. He was 91....
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The cast of characters as Penn State trial starts

AP - U.S. News - Thu, 2024-11-28 11:03
The main players in the Penn State scandal:...
Categories: Associated Press, News, US

The cast of characters as Penn State trial starts

AP - U.S. News - Thu, 2024-11-28 11:03
The main players in the Penn State scandal:...
Categories: Associated Press, News, US

Police: Newly found body parts sent from Montreal

TORONTO — Body parts mailed to two Vancouver schools were mailed from Montreal and are thought to be linked to the killing and dismemberment of a Chinese student, police said Wednesday, as the Canadian porn actor suspected in the case awaited extradition after his arrest in Germany.

Montreal Police Cmdr. ...

NJ Muslims file federal suit to stop NYPD spying

AP - U.S. News - Thu, 2024-11-28 11:03
WASHINGTON (AP) -- Eight Muslims filed a federal lawsuit Wednesday in New Jersey to force the New York Police Department to end its surveillance and other intelligence-gathering practices targeting Muslims in the years after the 2001 terrorist attacks. The lawsuit alleged that the police activities were unconstitutional because they focused on people's religion, national origin and race....
Categories: Associated Press, News, US

N.J. Muslims file federal suit to stop NYPD spying

WASHINGTON — Eight Muslims filed a federal lawsuit Wednesday in New Jersey to force the New York Police Department to end its surveillance and other intelligence-gathering practices targeting Muslims in the years after the 2001 terrorist attacks. The lawsuit alleged that the police activities were unconstitutional because they focused on ...

Guard rescued at S.C. prison; officers control unit

COLUMBIA, S.C. (AP) — A guard held hostage at a South Carolina high security prison was rescued early Wednesday after a standoff of more than six hours in the prison's most secure unit, a corrections department spokesman said.

The officer was rescued and prison officials regained control of the building around ...

EPA's Armendariz of 'crucify' pledge a hearing no-show

House Republicans will have to wait for their chance to question former top Environmental Protection Agency official Al Armendariz, who became notorious for his pledge to "crucify" oil and gas companies in order to set a regulatory example.

Mr. Armendariz, who resigned in late April as head of the agency's ...

Miss Pennsylvania USA claims pageant rigged

AP - U.S. News - Thu, 2024-11-28 11:03
PITTSBURGH (AP) -- The Miss USA pageant representative from Pennsylvania resigned her crown claiming the contest is rigged, but according to organizers the beauty queen was upset over the decision to allow transgender contestants to enter....
Categories: Associated Press, News, US

Walker to mend political divide with brats, beer

AP - U.S. News - Thu, 2024-11-28 11:03
MADISON, Wis. (AP) -- Gov. Scott Walker, fresh from becoming the nation's first governor to survive a recall election, wants to go about mending Wisconsin's political divide in an egalitarian way: over brats and beer....
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Silhouetted Venus reminder of solar system's size

AP - U.S. News - Thu, 2024-11-28 11:03
HONOLULU (AP) -- Filtering the sun's light to a minuscule fraction of its true power allowed sky-gazers around the world to watch a silhouetted Venus travel across Earth's closest star, an extremely rare spectacle that served as a reminder of how tiny our planet really is....
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12-person jury, alternate chosen in Sandusky case

BELLEFONTE, Pa. (AP) — A jury was selected Wednesday in the child molestation scandal that brought down Joe Paterno, and the makeup of the panel left no doubt that this is Penn State country.

The seven women and five men who will hear opening statements on Monday in the case ...

1940 NY census records are now searchable by name

AP - U.S. News - Thu, 2024-11-28 11:03
NEW YORK (AP) -- Americans are in for a cyber-surprise on Wednesday: They'll be able to plug family names into an online 1940 U.S. census and come up with details about the lives of New Yorkers - from Joe DiMaggio and Jacqueline Bouvier Kennedy to their own relatives....
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