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NEW YORK (AP) — Wal-Mart Stores Inc. hushed up a vast bribery campaign that top executives of its Mexican subsidiary carried out to build stores across that country, according to a published report.

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Chuck Colson, 80, the onetime "hatchet man" to President Nixon who devoted his post-political career to Christian causes and an international ministry to prisoners, died Saturday at Inova Fairfax Hospital. Complications from bleeding on the brain are believed to have contributed to his final illness.

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SANFORD, Fla. (AP) — George Zimmerman is getting out of jail. Now his defense team has to worry about keeping the neighborhood watch volunteer accused of gunning down Trayvon Martin safe on the outside.

Defense attorneys for other high-profile clients who awaited trial on bail had advice for how to ...

Any illegality in the initial traffic detention was attenuated by defendant's probation search condition. Although the patdown search and discovery of the gun occurred shortly after the traffic detention, they did not occur until after the officer had recognized defendant as a person subject to a search condition. The search condition supplied legal authorization to search that was completely independent of the circumstances leading to the traffic stop. Nor was there any flagrancy or purposefulness to the alleged unlawful conduct by the officer. While the trial court found that the stop was made without reasonable suspicion, it specifically found the officer did not act in an arbitrary, capricious, or harassing manner. The officer was aware of defendant's probation condition before the search, and the existence of that probation condition dissipated any taint that might flow from the detention. People v. Durant, 2012 Cal. App. LEXIS 442 (1st Dist. April 19, 2012).

Defendant was a corrections officer, and that helps show he voluntarily consented. United States v. Francis, 2012 U.S. Dist. LEXIS 54244 (W.D. Ark. March 29, 2012).

The stop should have ended when the officer gave a warning ticket, and he was made to stand in the rain while the office continued on his investigative mission. United States v. Culp, 2012 U.S. Dist. LEXIS 55494 (W.D. Mo. April 20, 2012)*:

Here, the unfolding of the circumstances makes the detention much more akin to a prolonged investigatory expedition with the singular mission of searching Defendant's vehicle than a permissible course of action reasonably directed toward the proper ends of the stop. The parties agree that the purpose of the traffic stop was concluded, at the latest, once Gillespie made the decision to only give Defendant a warning and not issue him a ticket, and so informed Defendant, returning his belongings, and asked Defendant if he had any questions. It was only after that point, that Gillespie embarked on an extensive course of investigation and questions aimed at conducting a search. ...

Although Gillespie testified that he had already decided not to issue Defendant a ticket for "following too closely" and only give him a warning, he nonetheless returned to the driver's side of Defendant's vehicle, directed Defendant to get out of the car and had him move to the back of the vehicle, where he was further detained while Gillespie pursued a mission entirely separate from the underlying traffic violation. It is clear from the video recording that Defendant remained there, standing in the rain, at Gillespie's behest, and would not have thought he was free to leave. Certainly, had Defendant believed that this was a mere consensual encounter at this point, he would not have remained in the pouring rain, in his shirt sleeves, while Gillespie ambled on with questions.

As the Sixth Circuit noted in Everett, "the touchstone of any Fourth Amendment analysis is reasonableness." 601 F.3d at 494. The Court "must conduct a fact-bound, context-dependent inquiry in each case." Id. Having fully considered the circumstances as they unfolded during the stop, as viewed on the video recordings, in conjunction with Gillespie's testimony, the Court finds no acceptable purpose for Gillespie's extended detention and prolonged questioning of Defendant, pat-down, and persistent requests to search the vehicle, all after the purpose of the traffic stop had undisputedly ended.

The officer had reasonable grounds to detain defendant. Tasering him was a seizure because the barbs in the Taser connected them. United States v. Davis, 2012 U.S. Dist. LEXIS 54346 (E.D. Tenn. March 29, 2012).* [Remember, Taser® is a trademark.]

Defendant’s 2255 argument that defense counsel was ineffective for not arguing invalid inventory rather than search incident wouldn’t work because there was justification for an inventory, too. Brunick v. United States, 2012 U.S. Dist. LEXIS 55096 (D. Ore. April 19, 2012).*

Even if defendant’s car was blocked on a parking lot, it didn’t rise to a seizure. But, the USPS Postal Inspectors had reasonable suspicion that defendant was involved in the theft of mail from their observations. United States v. Hampton, 2012 U.S. Dist. LEXIS 54421 (N.D. Ga. March 5, 2012).*

Searching a vehicle to “secure” it absent exigent circumstances was unreasonable. State v. Cleveland, 2012 Tex. App. LEXIS 3070 (Tex. App. – Houston (14th Dist.) April 19, 2012):

Likewise, here, the plain-view exception does not apply because, as in Keehn, the officers had no lawful right to access the object in appellee's truck absent exigent circumstances. See id. Our review of the record reveals no exigent circumstance capable of supporting Jones's seizure of the pills. Jones stated that at the time he entered the vehicle to seize the pills, "everyone was secured" and in police custody. Thus, there was no opportunity for any of the people at the scene to drive the vehicle away or dispose of any evidence while the officers were securing a search warrant. The State asserts that the "exigent circumstance" present here was the automobile exception. But as discussed above, this ground was not raised in the trial court. Thus, we may not consider it for the first time on appeal as a basis to reverse the trial court's orders. See Martinez, 91 S.W.3d 331. Under these circumstances, we overrule the State's sole issue on appeal.

Officers were questioning two others about bring money to Puero Rico to allegedly by drugs. Defendant interjected himself into that conversation and raised reasonable suspicion as to himself. United States v. Hammonds, 2012 U.S. Dist. LEXIS 54466 (M.D. Pa. April 18, 2012).*

Officers had probable cause for defendant’s vehicle stop, so whether there was a traffic stop was irrelevant. United States v. Sierra-Rodriguez, 2012 U.S. Dist. LEXIS 54069 (E.D. Mich. April 17, 2012).*

There was a serial rapist working the town, and the police were on the look out because he may have been spotted. Defendant’s car was the only car in the area late at night. State v. Burdick, 2012 Tenn. Crim. App. LEXIS 229 (April 18, 2012).*

Daily Sentinel: Juror: Fourth Amendment played minor role in Lawyer case: Trooper's actions reasonable under the circumstances, he says by Paul Shockley:

Two jurors who sat in judgment of Colorado State Patrol Trooper Ivan “Gene” Lawyer said Fourth Amendment principles had either too much emphasis by the prosecution, or little bearing on the main issues at play in the trooper’s trial.

Lawyer was acquitted Thursday on four counts, including criminally negligent homicide and first-degree criminal trespass. Two other counts, including second-degree assault with recklessness, were left undecided by a deadlocked jury.

SANFORD, Fla. (AP) — By questioning a state investigator on the witness stand during a routine bail hearing, George Zimmerman's defense attorney showed some of the weaknesses in prosecutors' claims that the neighborhood watch volunteer committed second-degree murder, legal experts say.

A judge ruled Friday that Zimmerman can be released ...

WASHINGTON (AP) — Three more Secret Service officers resigned Friday in the expanding prostitution scandal that has brought scorching criticism of agents' behavior in Colombia just before President Barack Obama's visit for a summit meeting last week. Agency Director Mark Sullivan came to the White House late Friday to personally ...

by Greg Palast - Exclusive for EcoWatch.org
Friday, 20. April, 2012

Evidence now implicates top BP executives as well as its partners Chevron and Exxon and the Bush Administration in the deadly cover-up –– which included falsifying a report to the Securities Exchange Commission.

Yesterday, Ecowatch.org revealed that, in September 2008, nearly two years before the Deepwater Horizon explosion in the Gulf of Mexico, another BP rig had blown out in the Caspian Sea––which BP concealed from U.S. regulators and Congress.

Had BP, Chevron, Exxon or the Bush State Department revealed the facts of the earlier blow-out, it is likely that the Deepwater Horizon disaster would have been prevented.

Days after the Deepwater Horizon blow-out, a message came in to our offices in New York from an industry insider floating on a ship in the Caspian Sea. He stated there had been a blow-out, just like the one in the Gulf, and BP had covered it up.

To confirm this shocking accusation, I flew with my team to the Islamic republic of Azerbaijan.  Outside the capital, Baku, near the giant BP terminal, we found workers, though too frightened to give their names, who did confirm that they were evacuated from the BP offshore platform as it filled with explosive methane gas.

Before we could get them on camera, my crew and I were arrested and the witnesses disappeared.

Expelled from Azerbaijan, we still obtained the ultimate corroboration: a secret cable from the U.S. Embassy to the State Department in Washington laying out the whole story of the 2008 Caspian blow-out.

The source of the cable, classified "SECRET," was a disaffected US soldier, Private Bradley Manning who, through WikiLeaks provided hot smoking guns to The Guardian. The information found in the U.S. embassy cables is a block-buster.

The cables confirmed what BP will not admit to this day: there was a serious blow-out and its cause was the same as in the Gulf disaster two years later: the cement ("mud") used to cap the well had failed. Bill Schrader, President of BP-Azerbaijan, revealed the truth to our embassy about the Caspian disaster:

“Schrader said that the September 17th shutdown of the Central Azeri (CA) platform… was the largest such emergency evacuation in BP’s history. Given the explosive potential, BP was quite fortunate to have been able to evacuate everyone safely and to prevent any gas ignition. … Due to the blowout of a gas-injection well there was ‘a lot of mud’ on the platform.”

From other sources, we discovered the cement which failed  had been mixed with nitrogen as a way to speed up drying, a risky process that was repeated on the Deepwater Horizon.

Robert F. Kennedy Jr., president Waterkeeper Alliance and senior attorney for Natural Resources Defense Council, calls the concealment of this information, "criminal. We have laws that make it illegal to hide this."

The cables also reveal that BP's oil-company partners knew about the blow-out but they too concealed the information from Congress, regulators and the Securities Exchange Commission.

BP's major US partners in the Caspian Sea drilling operation were Chevron and Exxon. The State Department got involved in the matter because BP’s U.S. partners and the Azerbaijani government were losing over $50 million per day due to the platform’s shutdown.  The Embassy cabled Washington:

“BP’s ACG partners are similarly upset with BP’s performance in this episode, as they claim BP has sought to limit information flow about this event even to its ACG partners.”

Kennedy is concerned about the silent collusion of Chevron, Exxon and the Azerbaijani government.  “The only reason the public doesn’t know about it is because the Azerbaijani government conspired with them to disappear the people who saw it happen and then to act in concert, in collusion, in cahoots with BP, with Exxon, with Chevron to conceal this event from the American public.” – To read the full story go to EcoWatch.org – Check out the Youtube video

______

Re-prints permitted with credit to EcoWatch.org and the author.

Greg Palast is the author of Vultures’ Picnic (Penguin 2011), which centers on his investigation of BP, bribery and corruption in the oil industry. Palast, whose reports are seen on BBC-TV and Britain’s Channel 4, will be providing investigative reports for EcoWatch.org.

You can read Vultures' Picnic, "Chapter 1: Goldfinger," or download it, at no charge: click here.

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