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ORLANDO, Fla. — The Florida judge presiding over the Trayvon Martin shooting case removed herself Wednesday after the attorney for defendant George Zimmerman argued she had a possible conflict of interest that related to her husband.

Judge Kenneth M. Lester Jr. will preside over the case. The next judge who ...

RED BUD, Ill. (AP) — A retired southern Illinois couple claimed the third and final share of last month's record $656 million Mega Millions jackpot on Wednesday and said they plan to treat themselves — possibly even to a vacation — once they've sorted out how to invest their windfall.

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HELENA, Mont. (AP) — After making a $1 million deal to settle allegations that he misused his charity's money and resources, author Greg Mortenson now must face accusations that he fabricated parts of his best-selling books "Three Cups of Tea" and "Stones Into Schools."

A hearing is set for Wednesday ...

NEW ORLEANS (AP) — BP and a team of plaintiffs' attorneys have presented a federal judge with the details of a proposed class-action settlement designed to resolve billions of dollars in economic damage claims spawned by the 2010 oil spill in the Gulf of Mexico.

The company and lawyers representing ...

SAN DIEGO — One woman was arrested on suspicion of murder. The body of another was discovered near a lake some 70 miles away.

The connection between them, and just about everything else in the case, remained murky as authorities investigated the disappearance of a U.S. Marine's wife from San ...

COLUMBUS, Ohio (AP) — Ohio on Wednesday executed a man for fatally stabbing the 15-year-old son of his former employers during a 1985 farmhouse burglary, marking the state's first execution in six months.

Forty-nine-year-old Mark Wiles died by lethal injection, ending an unofficial moratorium on the death penalty that occurred ...

Officers’ alleged failure knock before entry was entitled to qualified immunity or was constitutionally justified. The officers knew that a gun was likely involved, and the search warrant included weapons. Under Richards and Wilson, this was sufficient to dispense with announcement for officer safety. Youngbey v. March, 2012 U.S. App. LEXIS 7630 (D.C. Cir. April 17, 2012).*

Defendants were moving around from room to room in a hotel, and vacated two rooms. The police had probable cause to search the rooms they were in as well as the abandoned rooms for firearms. A gun was actually abandoned in one of the vacated rooms. United States v. Albury, 2012 U.S. Dist. LEXIS 53644 (M.D. Fla. April 17, 2012).*

Officers searching a computer hard drive had the benefit of the plain view doctrine when they came upon obvious chat logs and foreign travel information. United States v. Johnston, 2012 U.S. Dist. LEXIS 53323 (E.D. Cal. April 16, 2012).*

The traffic stop of car defendant was in was justified by occupants not using seatbelts. Defendant refused to submit and fled, and he was never seized. United States v. Lindsey, 2012 U.S. Dist. LEXIS 52250 (E.D. Tenn. February 3, 2012):

Because the Fourth Amendment governs actual seizure, not attempted seizures, the government need not justify Officer Fielden's attempt to stop Defendant. United States v. Smith, No. 10-1551, 2012 WL 181393 (6th Cir. Jan. 24, 2012) (holding that police need not justify their attempt to stop a defendant who evades their attempt). If a suspect is not seized because he evades the police, the Fourth Amendment is simply not implicated. Brendlin, 551 U.S. at 254; United States v. George, No. 10-6159, 2012 WL 128402, at *1 (6th Cir. Jan. 17, 2012) ("Without actual submission, 'there is at most an attempted seizure.'") (quoting Jones, 562 F.3d at 774 and Brendlin, 551 U.S. at 254); United States v. Smith, 594 F.3d 530, 535-36 (6th Cir. 2010) ("In order for a seizure to occur, the encounter must not be consensual and the officers must use physical force or the individual must submit to the officers' show of authority.").

The government does not dispute that Officer Fielden engaged in a show of authority. Defendant does not appear to contest that he failed to submit to Officer Fielden's show of authority; instead, Defendant contends he was seized, perhaps by physical force, the moment Officer Fielden's gun was drawn and pointed at him. The case law simply does not support Defendant's position.

Defendant was seen at the scene of four controlled buys and was believed involved himself, and the totality gave probable cause. Thus, the search incident of his person and car were supported by probable cause. Defendant initially denied any connection to the premises, disclaiming an ability to consent. Officers then went to the door and talked to the occupant and got consent. Defendant made no effort to show standing, so he can’t object to the consent of another. United States v. Sayles, 2012 U.S. Dist. LEXIS 53070 (S.D. Ill. April 16, 2012).*

Defendant was arrested for carjacking, and keys were found on his person. The officer could remove the keys as a potential weapon or because there was probable cause to connect him to the carjacking under the search incident doctrine. United States v. Yancy, 2012 U.S. Dist. LEXIS 52394 (W.D. Tenn. April 13, 2012).*

Defendant’s detention was legal, so that did not change the government’s burden of showing consent, which the court finds to be voluntary. United States v. Armenta, 2012 U.S. Dist. LEXIS 52729 (D. Utah April 12, 2012).*

SPRING, Texas (AP) — A nurse has admitted to fatally shooting a young mother in a town near Houston and abducting the dying woman's newborn son whom she apparently intended to adopt, authorities said Wednesday.

Verna McClain is charged with capital murder in the killing of 28-year-old Kala Marie Golden. ...

Police came to defendant’s house on a child welfare call and asked to come in, and they were permitted. The court discusses the "hierarchy among tenants" for apparent consent. United States v. MacArthur, 2012 U.S. Dist. LEXIS 52269 (S.D. W.Va. April 13, 2012):

Co-tenant consent may also be limited where a hierarchy among tenants in authority over the premises makes the consent of one insufficient to validate a search of the entire premises. For example, although a short-term guest has a reasonable expectation of privacy in his temporary quarters, Minnesota v. Olson, 495 U.S. 91, 99, 110 S. Ct. 1684, 109 L. Ed. 2d 85 (1990), his control over all portions of the home where he stays may not be as extensive that of the owner, or a more permanent co-tenant. See Olson, 495 U.S. at 99 ("From the overnight guest's perspective, he seeks shelter in another's home precisely because it provides him with privacy, a place where he and his possessions will not be disturbed by anyone but his host and those his host allows inside.") (emphasis added); see also State v. Grant, 614 N.W. 2d 848, 853 (Iowa App. 2000) ("an overnight guest's legitimate expectation of privacy does not vitiate the homeowner's ability to consent to a search of his home.") (collecting cases).

Gun control laws were originally promulgated by Democrats to keep guns out of the hands of blacks. This allowed the Democratic policy of slavery to proceed with fewer bumps...

Herald American: School wants to test all students for drugs by Christopher O'Donnell:

SARASOTA COUNTY - Students as young as 11 years old would be tested for use of marijuana, pills, cocaine and heroin under a proposal by a North Port charter school that wants to institute the region's most aggressive student testing program.

Imagine School at North Port hopes to begin drug testing students at its junior high school campus next school year, including sixth-graders. Students would be required to pass a drug test to attend the school and pass at least one random drug test per year to remain enrolled.

Another drug testing program that can't survive even minimal Fourth Amendment scrutiny. Why do the legislatures want to make civil rights lawyers money?

At the United Nations, the governments (and the dictatorships) of the world are conspiring to deny their people a means to defend their families and their liberty...

We spend too much time waiting for orders -- and money -- from Washington.

It's difficult to be a good economist and simultaneously be perceived as compassionate. To be a good economist, one has to deal with reality.

LINCOLN PARK, Mich. — A Michigan lottery winner was charged with fraud Tuesday for collecting food stamps and public health insurance despite pocketing a $735,000 jackpot.

Amanda Clayton, 25, was silent during a brief court hearing after spending a night in jail. A not-guilty plea was entered, and her attorney ...

DES MOINES — A judge has ruled that Iowa's state government hiring policies have not discriminated against blacks.

District Judge Robert Blink ruled Tuesday against a class of up to 6,000 black employees and applicants passed over for jobs and promotions with Iowa's executive branch dating back to 2003. He ...

ATLANTA — Police in Georgia handcuffed a kindergartner with her arms behind her back after the girl threw a tantrum and the police chief defended the action as a safety measure.

The girl's family demanded Tuesday that their central Georgia city change the policy so that other children aren't treated ...

ST. PAUL, Minn. — Democratic Gov. Mark Dayton conceded Tuesday that the deal to build the Minnesota Vikings a new stadium may not happen until next year, but he said he's confident it will get done despite a critical setback in the Legislature, largely due to his own party's legislators.

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