Conservative

CA11: No qualified immunity for Tasering an unarmed man in a tree to get him out

FourthAmendment.com - News - Mon, 2025-04-21 00:48

Plaintiff overcame qualified immunity in his claim that he was standing in a tree showing his hands when officers were trying to arrest him, having thrown down his rifle. They gave him conflicting orders, and Tasered him and he fell from the tree. Their claim that he could have jumped on them from the tree to grab the gun was dubious at best. Harper v. Perkins, 2012 U.S. App. LEXIS 4064 (11th Cir. February 29, 2012) (unpublished).*

Defendant’s racial motivation for a stop failed here because, after the stop ended and he was told he was free to leave, he continued to talk to the officer and ultimately consented. United States v. Curry, 2012 U.S. Dist. LEXIS 25803 (D. Neb. February 29, 2012).*

Plaintiff in this FTCA case was caught stealing from the mail, and a body search was conducted with his consent to locate fluorescent powder markings from the mail he tampered with. Thus, his consent and failure to object denies him a claim for this. Pinero v. United States, 2012 U.S. Dist. LEXIS 22376 (D. P.R. February 20, 2012).*

E.D.Mo.: Officer could go with a arrestee asking to go back for clothes; plain view sustained

FourthAmendment.com - News - Mon, 2025-04-21 00:48

Defendant was arrested at home in her pajamas. She was allowed to reenter to get dressed, but officers were allowed to go in with her for self-protection, and a sawed off shotgun was seen inside leaning against the wall. This observation was lawful. [If she didn’t want them to see the gun, she should not have asked to go back inside. This is just like Christman.] United States v. Reid, 2012 U.S. Dist. LEXIS 24523 (E.D. Mo. February 7, 2012):

When the deputies arrested Graham at 712 Thrush, she was dressed in her pajamas. Following the arrest and a brief discussion, the deputies allowed Graham to reenter 712 Thrush to change her clothes. Although the deputies had no specific reason to suspect danger to them or that Graham might attempt to escape, the deputies were entitled to enter the residence immediately before or with Graham and to remain with her as she changed clothes. Debuse, 289 F.3d at 1074-75 (holding that where the defendant "chose to reenter his house simply for his own convenience[,] [a]llowing reentry on the condition that the officers accompany him was reasonable"); ....

Based on prior wiretaps, officers had probable cause as to defendant. When they saw what appeared to be a hand to hand transaction, they had more probable cause to stop him. United States v. Coria, 2012 U.S. Dist. LEXIS 24624 (D. Minn. January 25, 2012).*

Some upset about Jeffrey Dahmer walking tour in Milwaukee

MILWAUKEE (AP) — A marketing group in Wisconsin wants to give walking tours of the bar where serial killer Jeffrey Dahmer met and hung out with some of his victims.

But when victims' families and others found out about the tours this week through a Groupon promotion for a cut-rate ...

PRUDEN: Obama is doing what comes naturally

ANALYSIS/OPINION:

Barack Obama just can't help himself. Bowing to rogues and rascals, stooping low enough to bang his head on the sidewalk, comes naturally to him. He learned to talk by apologizing to everyone in the nursery. He was the prince of all he surveyed, and learned early that slick ...

Obama's campaign bully brigade rides again

They're baaaaaaack. Barack Obama's election-year goon squad kicked into high gear this week.

Obama's IRS targets Tea Party

In the 1970s, Richard Nixon had an enemies list. Nixon asked the IRS to investigate tax returns of those on the list.

Farewell, honored prophet

James Q. Wilson, who has died at 80, understood America's unending argument about how freedom both depends upon government and is threatened by it.

Never mind tomorrow's kids, U.S. debt hurts today's adults

Fiscal conservatives unwittingly sabotage themselves by invoking "the children" when explaining the dangers of America’s ballooning national debt.

Will Bibi break Obama?

The prime minister of Israel is angry with Barack Obama and is coming here to force a hardening of U.S. policy toward Iran.

Forbes op-ed: "The TSA Is Coming To A Highway Near You"

FourthAmendment.com - News - Mon, 2025-04-21 00:48

Forbes op-ed: The TSA Is Coming To A Highway Near You by Rep. Marsha Blackburn (R-TN):

One of the great honors of my service to Tennessee is having the opportunity to represent Ft. Campbell which is home to the storied 101st Airborne, the 5th Special Forces Group and the Army’s 160th Special Operations Aviation Regiment which piloted Navy SEAL Team Six during the raid on Osama Bin Laden.

Each soldier who calls Ft. Campbell home has gone through some of the most intensive training on the planet which pushed their minds and bodies to their physical limits. In the end, those who make the cut have earned the right to be part of our United States military, are honored to wear its uniform, and are serving on the frontlines in the fight against global terrorism.

Unfortunately, the same cannot be said for our nation’s Transportation Security Officers (TSOs) who Department of Homeland Security Secretary Janet Napolitano contends are our nation’s last line of defense in fighting domestic terrorism. Unlike “hell week” which faces potential Navy SEALs, becoming a TSO requires a basic level of classroom and on the job training. In many cases this rigorous training is less severe than the requirements of becoming a security guard in most states.

Online pioneer journalist Breitbart dies at 43

Andrew Breitbart, the conservative journalist, Internet pioneer and provocateur who helped reshape the media landscape with tenacious and original political style, died early Thursday after collapsing on the street near his Los Angeles home. He was 43.

His passing was announced through a posting on his extensive online news empire ...

California judges asked to say if they are gay

LOS ANGELES — It used to be considered bad form to out gay public figures - but now California judges are being asked to reveal their sexual identities in the name of diversity.

The Judicial Applicant and Appointment Demographics Inclusion Act, which took effect Jan. 1, requires the state ...

Natural-gas producers fear rules blitz

With the Obama administration ramping up the pressure on natural-gas drilling companies, industry leaders fear a looming wave of federal regulations could strangle what has become one of the most vibrant sectors of the economy.

At least 10 federal departments and agencies are investigating or crafting new rules to govern ...

Republicans say court overreached in putting deportations on hold

A decision by the 9th U.S. Circuit Court of Appeals in California to put several deportation cases on hold in light of Obama administration immigration directives was criticized Thursday by two senior Republican lawmakers who said the court ruling was an "overreach of its authority."

House Judiciary Committee Chairman Lamar ...

Romney's luck

It's been a wild ride, but the storyline of the Republican race remains remarkably simple and constant...

American Scene: Man in Detroit case not mentally competent

MICHIGAN

Man in Detroit explosive case still not mentally competent

MARQUETTE | A judge has ruled that a Michigan man who authorities say placed an explosive outside a federal building in Detroit last year is still not mentally competent to face the charges.

The Mining Journal of Marquette reports that ...

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