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Defendant was stopped for jaywalking and he admitted having marijuaua which was produced. The officer conducted a patdown and felt something that was indiscernible, but was clearly not a weapon. A search produced crack, and the search was unjustified. The defendant had been stopped the day before by the same officer and apparently endured the same search. State v. Byrd, 2012 Ohio 2659, 2012 Ohio App. LEXIS 2336 (2d Dist. June 15, 2012).*

Defendant lost suppression motion apparently because she thought the state had to justify the seizure of every item in the search warrant. It was seizure under a warrant, and the defense had the burden. State v. Crumpler, 2012 Ohio 2601, 2012 Ohio App. LEXIS 2288 (9th Dist. June 13, 2012).*

Defendant’s vehicle was properly ordered towed where it was left blocking in a private business’s driveway. State v. Neal, 2012 Ohio 2609; 2012 Ohio App. LEXIS 2295 (9th Dist. June 13, 2012).*

A DV report described a suspect with a black shirt with skulls on it. Defendant was the only one around with skulls on it, so the stop was valid. State v. Will, 2012 Ohio 2616, 2012 Ohio App. LEXIS 2300 (9th Dist. June 13, 2012).*

Kurt Nimmo | CIA, MI6 and Mossad backed rebels present a wish list of heavy weapons, including surface-to-air missiles.

“Good to go” of a stopped motorist but followed by questions led to effective consent. United States v. Rodriguez, 2012 U.S. App. LEXIS 12009, 2012 FED App. 0601N (6th Cir. June 12, 2012):

At the end of the discussion, Diggs told Rodriguez that he was "good to go." Immediately after making that statement, however, Diggs said, "Let me ask you something," and proceeded to ask Rodriguez additional questions about his travel plans, as well as questions about his arrest history and whether there was anything illegal in his van. After approximately four minutes of questioning, Diggs asked Rodriguez for permission to search his van, and Rodriguez consented. Ultimately, law enforcement officers recovered two kilograms of heroin and ten kilograms of cocaine from a hidden compartment in the van.

RALEIGH, N.C. (AP) — Adding a twist to blue laws in an increasingly red state, North Carolina's Republican-led legislature is toasting a measure intended to keep the booze flowing at the Democratic National Convention.

President Barack Obama and other Democratic Party headliners are set to be in Charlotte for the ...

The NY Times complains about Title IX: She added: “There’s a whole host of African-American women who have benefited greatly from Title IX. We’ve gotten college scholarships and college degrees; we’ve made Olympic teams. Track and field is an area where a large number of African-American women receive college scholarships. “But in the grand scheme of things, Caucasian girls have benefited Rogerhttp://www.blogger.com/profile/03474078324293158376noreply@blogger.com0

Kay S. Hymowitz writes this LA Times op-ed: The single-mother revolution shouldn't need much introduction. It started in the 1960s when the nation began to sever the historical connection between marriage and childbearing and to turn single motherhood and the fatherless family into a viable, even welcome, arrangement for children and for society. The reasons for the shift were many, including theRogerhttp://www.blogger.com/profile/03474078324293158376noreply@blogger.com1

Susanne Posel | Obama wants Congress to approve the UN’s international governance over our 2nd Amendment.

Officers responding to an anonymous shots fired call entered defendant’s backyard and found him on his deck. The search of his bag violated the Fourth Amendment and Tennessee Constitution because the officers entered the curtilage without exigent circumstances. State v. Anderson, 2012 Tenn. Crim. App. LEXIS 385 (June 12, 2012):

Anderson's deck was plainly within the curtilage of his home for the purposes of both the Fourth Amendment and article I, section 7. Considering the Fourth Amendment test, the deck was immediately attached to the house, and a back door opened to it. Although the area was not included within an enclosure, it was largely surrounded by trees. A grill was on the deck, indicating that Anderson used the area for cooking. The many toys indicate that young children used the area to play. Roberson's testimony indicates that Anderson used the area to relax and entertain guests. Additionally, the area was behind the house and not visible to passers-by on the road. All these factors support the conclusion that the deck was intimately tied to the home, and the deck, therefore, is protected under the Fourth Amendment. Cf. Hardesty v. Hamburg Twp., 461 F.3d 646, 652 (6th Cir. 2006) (finding rear deck to be protected curtilage under similar facts). Furthermore, this same evidence, particularly the nature of the activities that occurred on the deck, demonstrates that the deck was an area to which the activity of home life extended. Consequently, Anderson also enjoyed the protection of article I, section 7 of the Tennessee Constitution while on his deck. Because the deputies intruded on this constitutionally protected area without a warrant, they violated the mandates of the United States and Tennessee Constitutions.

This investigation started with an anonymous informant, but the police then received information from an identified informant who gave predictive information that panned out. The police could rely on that information and it gave cause for a stop when defendant was leaving a supposed drug deal. State v. Miller, 2012 WI 61, 2012 Wisc. LEXIS 357 (June 12, 2012).*

Plaintiff pled to DUI and he was awaiting placement in an alcohol program. Despite the court order, officers went to his house and arrested him and held him for a month without a valid court order. The district court failed to conduct a proper qualified immunity analysis, so the judgment is vacated and remanded. Handt v. Lynch, 2012 U.S. App. LEXIS 12044 (8th Cir. June 14, 2012).*

When the challenged evidence was never offered to the finder of fact, there is no search and seizure question for the appellate court to decide. Fuller v. State, 2012 Tenn. Crim. App. LEXIS 381 (June 12, 2012).

Issue: “Should Article 1, Section 10, of the Minnesota Constitution be interpreted to require individualized probable cause of a code violation in a particular building, as a prerequisite to the issuance of an administrative search warrant, even though that position was rejected by the United States Supreme Court when it interpreted the Fourth Amendment of the United States Constitution 45 years ago?”

Syllabus: “Under Camara v. Mun. Ct., 387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. 2d 930 (1967), reasonable inspections of rental property, conducted pursuant to warrants issued after a balancing of the need to protect public health and safety against the degree of intrusion upon privacy interests, may be permissible under the Fourth Amendment, even without a showing of individualized probable cause to believe that a particular dwelling is in violation of minimum standards prescribed by a building or safety code. A challenged Minnesota municipal ordinance that (a) requires advance notice to property owners and tenants; (b) limits inspections to ordinary business hours; (c) imposes restrictions on the scope of inspections; (d) prohibits the disclosure of information to law enforcement agencies unless an exception applies; and (e) requires a showing of reasonableness to obtain a warrant from a judicial officer is not facially invalid under Article 1, Section 10 of the Minnesota Constitution.” McCaughtry v. City of Red Wing, 2012 Minn. App. LEXIS 50 (June 11, 2012).

Infowars.com | Alex talks with Luke Rudkowski & Abby Martin who confronted Rand Paul on endorsing a Goldman Sachs flip flopping war mongering Bilderberg puppet named Mitt Romney.

Business Insider | This infographic created by Jason at Frugal Dad shows that almost all media comes from the same six sources.

Paul Craig Roberts | It is incorrect to describe Social Security as the elderly using the political system to steal from the young.

Mike Adams | There is a dangerous person running for President in 2012, and his name is Baritt Obamney.

THE OTTAWA CITIZEN | Sections of the Ottawa airport are now wired with microphones that can eavesdrop on travellers’ conversations.

Mac Slavo | In the midst of the worst economic crisis since the Great Depression in which millions of Americans have lost jobs we can expect even more competition in the employment marketplace.

LOS ANGELES — An associate at a lobbying firm tapped to bring a Walmart store to downtown Los Angeles has left the firm after she posed as a reporter at a news conference held by a labor group that opposed the big-box store.

City Ethics Commission records show Stephanie ...

NIAGARA FALLS, Ontario — There was "wind coming from every which way," mist so powerful it clouded his vision and an unfamiliar wire beneath him, but daredevil Nik Wallenda didn't let that stop him from becoming the first person to walk on a tightrope across the Niagara Falls.

He took ...

Susanne Posel | Researchers are on the hunt for the personality gene.

Anthony Gucciardi | Bilderberg-linked firm Syngenta criminally charged for denying knowledge that its GM Bt corn actually kills livestock.