Conservative

WA: Liquor license compliance check only in public areas was not a "search"

FourthAmendment.com - News - Thu, 2024-11-28 17:51

A Washington state ABC compliance check of a licensed establishment that only had officers in open areas was not a search under the constitutions. Dodge City Saloon v. Wash. State Liquor Control Bd., 2012 Wash. App. LEXIS 1145 (May 15, 2012):

In this case, the Liquor Board's actions did not constitute a search for Fourth Amendment purposes because the Liquor Board did not violate Dodge City's privacy interests. Dodge City had no reasonable privacy interest in areas of its licensed premises that it actively invites the public to enter. Barlow's Inc., 436 U.S. at 315. Even if, as Dodge City argues, it had a subjective reasonable expectation of privacy to exclude persons under 21 years old, which it did not, Dodge City lost that interest when it voluntarily admitted C.M. onto the premises. United States v. Bramble, 103 F.3d 1475, 1478 (9th Cir. 1996) ("Once consent has been obtained from one with authority to give it, any expectation of privacy has been lost."). Thus, the Liquor Board's officers did not conduct a "search" when they entered the public portions of Dodge City's premises and observed only what members of the public could also observe. Likewise, the Liquor Board's officers did not conduct a "search" when they observed C.M.'s entry into Dodge City from a public street. Accordingly, because there was no "search" in this case, the Liquor Board's actions do not implicate constitutional considerations and Dodge City has no "search" on which to base a Fourth Amendment or article I, section 7 unreasonable search and seizure claim. Centimark Corp., 129 Wn. App. at 375.

CA6: Administrative search of water meters was protected by qualified immunity, if a violation at all

FourthAmendment.com - News - Thu, 2024-11-28 17:51

Attempted search of water department employee’s meters was not in violation of clearly established law, so the complaint failed to state a claim for relief against city officials, if it even violated the Fourth Amendment. Clemente v. Vaslo, 2012 U.S. App. LEXIS 9746, 2012 FED App. 0135P (6th Cir. May 15, 2012).*

Defendant’s admission that he had child pornography on his flash drive being used on a university library computer was justification for his arrest by university police. He consented to a further search. United States v. LaPradd, 2012 U.S. App. LEXIS 9728, 2012 FED App. 0495N (6th Cir. May 14, 2012).*

Defense counsel was not ineffective for not pursuing a search claim that would have lost under the automobile exception anyway. United States v. Whitfield, 2012 U.S. Dist. LEXIS 67292 (E.D. Va. May 11, 2012).*

E.D.Ky.: When defendant asserts curtilage, he has to show standing

FourthAmendment.com - News - Thu, 2024-11-28 17:51

Defendant first failed to show that he had standing to challenge a search of open fields asserted to be curtilage. Then, it was open fields, and, alternatively, he consented. United States v. Wilburn, 2012 U.S. Dist. LEXIS 66300 (E.D. Ky. March 5, 2012)*:

The Court is simply unable to assess whether Defendant had a reasonable expectation of privacy in the place where the propane tank was discovered. Significantly, no evidence was presented to establish ownership or other interest in the land where the propane tank was located. As discussed above, the "defendant claiming that a search violated his Fourth Amendment rights has the burden of demonstrating that he had a legitimate expectation of privacy in the place that was searched." Mastromatteo, 538 F.3d at 544 (quoting Talley, 275 F.3d at 563. Here, Defendant did not present any evidence regarding this issue and has failed to meet his burden. Thus, the Court concludes that, although Defendant has standing to challenge the search of his home, he lacks standing to challenge the search of the property where the propane tank was located. Nevertheless, to ensure a complete analysis, the Court will assume for purposes of this Recommended Disposition that Defendant has standing to challenge both searches.

Facebook boosts size of IPO by 25 percent

NEW YORK (AP) — Facebook's owners now plan to sell 25 percent more shares in the company as investors clamor for shares in the year's hottest stock offering.

Facebook says in a regulatory filing that it will now sell about 421 million shares. That's up from 337 million previously. That ...

W.D.N.C.: “The necessary suspicion for an investigative Terry stop is not a high bar”

FourthAmendment.com - News - Thu, 2024-11-28 17:51

Defendant was driving through hotel parking lots apparently casing cars for break-in when he was stopped. It was a high crime area for break-ins, and the police were looking. “The necessary suspicion for an investigative Terry stop is not a high bar.” United States v. Stacks, 2012 U.S. Dist. LEXIS 67422 (W.D. N.C. May 14, 2012).*

Defendant’s failure to identify a document that witnesses to a consent search were not examined about does not justify 2255 relief. Based on the findings at the suppression hearing, it seems highly unlikely this document would change the outcome anyway. Jones v. United States, 2012 U.S. Dist. LEXIS 66194 (M.D. Tenn. May 11, 2012).*

Warrant for defendant’s arrest justified police entry into the house to arrest him, and then do a protective sweep after a gun was seen. United States v. Tran, 2012 U.S. Dist. LEXIS 67238 (N.D. Iowa May 15, 2012).*

W.D.La.: Search of desk in criminal investigation not governed by O'Connor

FourthAmendment.com - News - Thu, 2024-11-28 17:51

Defendant was a school resource officer, and his desk was searched in a fraud investigation seizing his computer and bank statements. The search was not sustainable as a workplace search under Ortega and United States v. Slanina, 283 F.3d 670 (5th Cir. 2002), judgment vacated on other grounds, 537 U.S. 802, 123 S.Ct. 69 (2002). United States v. Johnson, 2012 U.S. Dist. LEXIS 67294 (W.D. La. May 14, 2012):

Under Slanina, the Government is correct that the status of the "searcher" as a "law enforcement officer is not dispositive," and that "'work related misconduct' can include criminal activity unrelated to the job." [Doc. No. 31, p. 4]. However, the Government asks the Court to ignore the "critical distinction" between this case and Slanina: whether an investigation was "wholly criminal" or had the dual purpose of an internal investigation into work-related misconduct and into the possible commission of a crime. In this case, there was no dual purpose; the single purpose of this investigation was Johnson's possible commission of a crime. On September 8, 2008, Sergeant Charles Roark of the MPD, opened a criminal investigation into the sale of stolen merchandise through an eBay account in Johnson's name. On September 12, 2008, Sergeant Roark asked the Federal Bureau of Investigation ("FBI") to become involved. By the time they searched Johnson's desk at Carroll Junior High School on February 20, 2009, Sergeant Roark and Agent Chesser had been involved in a joint criminal investigation of Johnson for six months. Under these circumstances, the MPD's interest in the prompt and efficient operation of its workplace is not compelling in the least. The search of Johnson's desk should not be reviewed under the O'Connor exception, as interpreted by the Fifth Circuit, and Magistrate Judge Hayes properly recommended the exclusion of the evidence found as a result of the search of Johnson's desk.

Evacuations and drills pared near nuke plants

Without fanfare, the nation's nuclear power regulators have overhauled community emergency planning for the first time in more than three decades, requiring fewer exercises for major accidents and recommending that fewer people be evacuated right away.

The revamp, the first since the program began after Three Mile Island in 1979, ...

Obamacare's patient-dumping, privacy-meddling scheme

A shadowy $10 billion Obamacare agency with zero oversight just awarded first lady Michelle Obama's pet patient-dumping scheme at the University of Chicago Medical Center a $5.9 million taxpayer-funded grant.

World Bank “Lends” Hand to Population Control Effort

TruthNews.US - News - Thu, 2024-11-28 17:51
Infowars.com | Newly uncovered documents dictate that sovereign nations must implement population reduction objectives as outlined by the World Bank and UN Population Fund.

Fukushima to Blame For Mysterious Illness Striking Hundreds of Flight Attendants?

TruthNews.US - News - Thu, 2024-11-28 17:51
Natural News | Hundreds of Alaska Airlines flight attendants have filed a formal complaint about uniforms they suspect might be causing their skin to rash and develop lesions, and their hair to fall out.
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