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MONTGOMERY, Ala. (AP) — The three-day hunt for a man charged with killing three people near Auburn University ended with the suspect walking up the steps of an Alabama courthouse and peacefully turning himself in to a U.S. marshal waiting inside.

Hours after his surrender, Desmonte Leonard was being held ...

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Driving in a high crime area, eye contact with officer, and furtive movement like toward a gun was reasonable suspicion. State v. Norfolk, 2012 Mo. LEXIS 107 (June 12, 2012).*

The district court’s verdict in a bench trial, inter alia, that subpoenaing records of cell phone calls was reasonable was affirmed on credibility of witnesses. Cunningham v. Terrebonne Parish Consol. Gov't, 2012 U.S. App. LEXIS 11902 (5th Cir. June 12, 2012).*

“While the fact that Whisnant did not understand he could refuse consent to search is a factor to consider in determining whether consent was voluntary, police do not have to inform an individual of his right to refuse to consent to a search. ... Likewise, when requesting an individual's consent to search a vehicle, police are not required to inform the individual that others could object to the search. Nor are police required to obtain the consent of all the occupants of a vehicle in order to search it. ... In this case, the alleged consenter himself testified repeatedly that he consented to the search and never testified that he felt coerced into doing so by the factors cited by Collins or by any other factors. Accordingly, the district court did not clearly err in finding that Whisnant's consent was valid.” United States v. Collins, 2012 U.S. App. LEXIS 11828, 2012 FED App. 0173P (6th Cir. June 12, 2012).*

Merely alleging there was a basis for a suppression motion that was not filed does not allege IAC under Strickland. United States v. Action, 2012 U.S. Dist. LEXIS 81137 (S.D. Tex. June 12, 2012):

[B]y arguing that "there was a sufficient basis to file a motion to suppress," and that the defense "had nothing to lose and everything to gain" by filing the motion, Defendant does not establish ineffective assistance of counsel. Defendant must do more than allege there were grounds for filing the motion; he must prove that the motion would have been granted. He must move beyond asserting that there was no downside to filing the motion; he must establish a reasonable probability that, but for counsel's failure to file the motion, the result of his proceeding would have been different.

Defendant’s repeated refusal to remove his hands from his pockets during a traffic stop became reasonable suspicion. United States v. Fletcher, 2012 U.S. Dist. LEXIS 79795 (M.D. Tenn. June 8, 2012).*

When defendant’s DL was called in, there was a note to call his federal PO, which happened. That did not unreasonably extend the length of the stop. United States v. Campbell, 2012 U.S. Dist. LEXIS 81083 (E.D. Tenn. May 22, 2012).*

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The excuse for stopping the defendant was that the license plate looked counterfeit, but it was apparent that it was not, and the reason for the stop thus evaporated. There is no law prohibiting a driver from using the roads of this country with a Mexican driver’s license. The officer called for a tow truck without any reason, and then conducted a rummaging search that was a purported inventory. The government’s failure to raise standing until the suppression hearing was waiver of the issue because it prejudiced defendant’s ability to prove standing. United States v. Garcia-Medina, 2012 U.S. Dist. LEXIS 80620 (D. Utah June 8, 2012):

It is well-established that an inventory search may not be used as a ruse for a general search. Florida v. Wells, 495 U.S. 1, 4, 110 S. Ct. 1632, 109 L. Ed. 2d 1 (1990) ("Our view that standardized criteria or established routine must regulate the opening of containers found during inventory searches is based on the principle that an inventory search must not be a ruse for a general rummaging in order to discover incriminating evidence.") (internal citations omitted). ...

Here, Trooper Sheets did not write anything down. He was not methodical in his search. He was tapping and rummaging, looking for something hidden. He called for a drug-sniffing dog without any basis for suspecting that drugs were present. And he made that request almost immediately after he requested the tow truck, even though at that point in the stop he had not asked Mr. Garcia-Medina questions to dispel his concerns about the driver's license, Mr. Garcia-Medina's residency in Arizona, or anything else of substance. The court finds that the purported inventory search was a pretext for investigating criminal activity and so it violated Mr. Garcia-Medina's Fourth Amendment rights.

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MONTGOMERY, Ala. (AP) — A man accused of killing three people at a party near Auburn University turned himself in Tuesday after a three-day manhunt that included a tense but fruitless search of a Montgomery home by police tactical units, a defense attorney said.

Attorney Susan James said that her ...

BOSTON — The longtime girlfriend of mobster James "Whitey" Bulger was sentenced Tuesday to eight years in prison for helping one of the FBI's most-wanted men stay on the run for 16 years, a life her attorney said she doesn't regret because she still loves Mr. Bulger.

Catherine Greig showed ...

CHICAGO | Maybe it is the splintering of established drug gangs that has young men grabbing the tools of their trade - handguns - to jockey for position? Or it is that rival gangs, once miles apart in different public housing complexes, suddenly finding themselves sharing the same street corner?

...

ORLANDO, Fla. (AP) — The wife of the neighborhood watch volunteer who killed Trayvon Martin was charged with perjury Tuesday, accused of lying when she told a judge that the couple had limited funds, resulting in her husband being released on $150,000 bond.

Shellie Zimmerman, 25, was released on $1,000 ...

BELLEFONTE, Pa. | Former Penn State assistant football coach Mike McQueary told jurors in Jerry Sandusky's sex abuse trial Tuesday that he saw his ex-colleague with a prepubescent boy in an on-campus shower and that he heard "skin-on-skin smacking sound."

His account of the night differed little from his appearance ...