VoteKansas.org

Kurt Nimmo | She also called for “candidly” killing more people in faraway places.

The trial court erred in summarily dismissing defendant’s post-conviction petition. He alleged various grounds that the warrantless search was invalid and defense counsel was ineffective for not challenging it. Essentially, the defendant was charged with misdemeanor driving offenses and the trunk of the car was searched incident to the arrest. Hoffman v. State, 2012 Ida. App. LEXIS 34 (May 11, 2012).*

Officers had reasonable suspicion when they sent a wired CI to the defendant’s apartment and defendant said “Okay” and “hold on” and he left from another door. State v. Durham, 2012 Tenn. Crim. App. LEXIS 311 (May 9, 2012).*

Apparent authority is different from actual authority. One is not the other. United States v. Wilburn, 2012 U.S. Dist. LEXIS 66301 (E.D. Ky. May 11, 2012)*:

Wilburn argues the finding of actual authority was erroneous for two reasons. First, he ties what he concludes is a shaky basis for apparent authority to what he argues must correspond to a finding of no actual authority, "if her apparent authority was questionable the officers certainly could not rely on actual authority." [R. 426 at 2]. Like all of Wilburn's arguments, he cites no legal authority to support this proposition. Indeed, Wilburn's argument is at odds with the clear legal principles present in this situation. Apparent authority is present when "the facts available to the officer at the moment warrant a man of reasonable caution in the belief that the consenting party had authority over the premises." United States v. Campbell, 317 F.3d 597, 608 (6th Cir. 2003) (quotation omitted). Thus, apparent authority, as an idea, concerns what information the officers knew at the time of the search and whether it would be reasonable to conclude that the consenter had authority.

This is very different from actual authority. The concept of actual authority is concerned with whether the consenter had actual dominion over the object he authorized to be searched.

Republicans usually stand to benefit whenever cultural issues arise in an election campaign. But they too often run away from debates over issues related to marriage, life and religion.

Paul Joseph Watson | Video also shows rebels transported in UN vehicles chanting "Allahu Akbar".

Laurence M. Vance | Must pro-life, pro-family libertarians be conservatives? Absolutely not.

New law review article: Searching Secrets by Nita A. Farahany of the Vanderbilt Law School, forthcoming in the U. Pa. L. Rev. Abstract:

A Fourth Amendment violation has traditionally involved a physical intrusion such as the search of a house or the seizure of a person or her papers. Today, investigators rarely need to break down doors, rummage through drawers, or invade one’s peace and repose to obtain incriminating evidence in an investigation. Instead, the government may unobtrusively intercept information from electronic files, GPS transmissions, and intangible communications. In the near future, it may even be possible to intercept information directly from suspects’ brains. Courts and scholars have analogized modern searches for information to searches of tangible property like containers and have treated protected information like the “content” inside. That metaphor is flawed because it focuses exclusively on whether information is secluded and assigns no value to the substantive information itself. This Article explores the descriptive potential of intellectual property law as a metaphor to describe current Fourth Amendment search and seizure law. It applies this new metaphor to identifying, automatic, memorialized, and uttered evidence to solve current riddles and predict how the Fourth Amendment will apply to emerging technology. Unlike real property law, intellectual property law recognizes that who authored information — and not just how or where it was stored — informs the individual interests at stake in that information. The exclusive rights of authors, including nondisclosure, are interests recognized by copyright law. Recognizing the secrecy interests of individuals has broad implications for the Fourth Amendment in the information age. Together with real property law, an intellectual property law metaphor better describes emerging doctrine, which has required greater government justification to search certain categories of information. But it also reveals the normative shortcomings of current doctrine when the secrets the government seeks are automatically generated information that arises from computer activities, via GPS tracking, or are emitted by our brains.

American Dream | If we are trying to become independent of foreign oil, then why is the Obama administration allowing the Chinese government to buy up U.S. oil and gas deposits worth billions of dollars?

Lew Rockwell Blog | "One, two, three, four. Every night we pray for war. Five, six, seven, eight. Rape. Kill. Mutilate."

Business Insider | This started last week, but it's now becoming a hot trend: It's no longer taboo to talk about Greece leaving the Eurozone.

Infowars.com | Alex transmits a short report from a beach that hasn't been taken over by the feds yet.

RT | Russia and the US are holding their first ever joint anti-terror military exercises on American territory.

Natural News | Biotechnology has made its way to "the happiest place on earth."

The 2010 tea party rebound in Wisconsin has helped put the state back into battleground status for 2012. Could Republicans sweep the gubernatorial, senate, and presidential race in 2010? The most recent Wisconsin polls find:

+ Scott Walker has a 5-point lead in his recall election battle in the Governor's race. This reflects the exact margin he won by during the 2010 tea party revolution.

+ Former Governor Tommy Thompson has a commanding 12-point lead against his Democratic opponent in the senate race, while Mark Neumann leads by 2. The seat is being retired by Democrat Herb Kohl and could be the second senate seat steal for Republicans in Wisconsin since Obama's 2008 victory.

+ President Obama has fallen below 50% in the state, and Mitt Romney's deficit in the state has fallen from 17 points in March, to 9 points in April, to just 4 points now. Obama's current lead in the state is just 49-45%. He won the state 56-42% just four years ago.

GOP Resurgence in Wisconsin Looking Strong originally appeared on About.com Conservative Politics: U.S. on Monday, May 14th, 2012 at 09:31:38.

Permalink | Comment | Email this

Given the nation's deep fiscal problems, many Americans of the Right and Left are so frustrated about the political process that they are jumping on Tea Party buses and occupying city parks.

The politician who campaigned for change now wants to change the subject.

Last week, I wrote about the standings in the presidential race and said it looked like a long, hard slog through about a dozen clearly identified target states, much like the contests in 2000 and 2004.

CHICAGO — One in 3 young adults with autism have no paid job experience, college or technical schooling nearly seven years after high school graduation, a study finds. That's a poorer showing than those with other disabilities including those who are mentally disabled, the researchers said.

With roughly half a ...

News Item...

News Item...