Conservative

3 jurors picked for Sandusky child sex abuse trial

BELLEFONTE, Pa. (AP) — Three of the 16 jurors and alternates needed for former Penn State football coach Jerry Sandusky's child sex-abuse trial were selected Tuesday morning as the high-profile case got under way in earnest after months of legal wrangling and intense publicity.

A middle-aged woman selected told the ...

CO: Consent to enter here included implied consent to stay until ICE officers, who came later, left too

FourthAmendment.com - News - Wed, 2024-11-27 08:53

Having consented to an entry by the police, here it included remaining there until federal agents there too had left. ICE came because of an alleged illegal alien. People v. Arapu, 2012 CO 42, 2012 Colo. LEXIS 397 (June 4, 2012)*:

We find that Arapu consented to Detective Chi's presence in his apartment to monitor the woman inside, and that such consent would reasonably include asking her for identifying information. Similarly, we find that Arapu consented to Detective Chi remaining in the apartment to gather Arapu's keys and phones, and to secure the apartment, and such consent would reasonably include remaining in the apartment until the federal agents had left. We, accordingly, find that the trial court erred in finding Detective Chi was unlawfully in the apartment when he observed the open bag containing drugs, and therefore reverse the trial court's suppression of the drug-related evidence. Because the prosecution concedes in its briefing to us that the discovery of the firearm was unlawful, we determine whether the affidavit would support a finding of probable cause if the firearm portions were excised, but with the observation of the open bag containing drugs included. We hold that it does, and that the firearm would have been discovered in a search pursuant to the redacted affidavit. We therefore reverse the suppression order with regard to the firearm as well.

CA8: Objectively reasonable mistake as to identity still supported stop

FourthAmendment.com - News - Wed, 2024-11-27 08:53

An objectively reasonable mistake as to defendant looking like another man who was wanted when defendant was pointed out to him from a photograph supported his stop and ordering him from the car, fearing he was an armed fugitive. When stopped, defendant admitted he had a gun on him, and then the mistake in identity was discovered. Defendant, however, was a FIPF. United States v. Phillips, 2012 U.S. App. LEXIS 11207 (8th Cir. June 4, 2012).*

Defendant was effectively in custody when he was talking to a DEA officer in a DEA truck, and he couldn’t leave, so he had to have been Mirandized. United States v. King, 2012 U.S. Dist. LEXIS 76988 (N.D. Miss. June 4, 2012)*:

Although the government maintains that King was free to go, this position is in direct conflict with Douglas' statements to the defendant. King could not leave until he "talked" to Douglas inside the DEA truck. "Talking" is what Miranda is all about. Therefore, the defendant was in custody at the time he confessed and was entitled to Miranda warnings. Douglas failed to warn the defendant before beginning the interrogation. He told King about drug arrests in Greenville, Mississippi stemming from the DEA investigation. King then confessed. Since Agent Douglas failed to give Miranda warnings to the defendant, the confession must be excluded from evidence.

E.D.Pa.: Because of the Second Amendment, possession of a firearm is not per se a ground for a stop-and-frisk

FourthAmendment.com - News - Wed, 2024-11-27 08:53

Merely being in possession of a firearm is not a reason for a stop-and-frisk–-an objective risk of potentially using it criminally is. Here, defendant was acting evasively when he saw the police and tried to get into a house he was not allowed in. United States v. Derrick, 2012 U.S. Dist. LEXIS 76540 (E.D. Pa. May 31, 2012):

However, as some individuals are legally permitted to carry guns pursuant to the Second Amendment of the Constitution, a reasonable suspicion that an individual is carrying a gun, without more, is not evidence of criminal activity afoot. Therefore, the tip alone was not sufficient to support an investigatory stop and the Court must examine whether the stop was supported by other factors.

Defendant’s stop on his own porch by a homicide detective for a traffic offense was without reasonable suspicion. Defendant’s car was not stopped, and defendant got out and went to his house, and the officer pulled up and ran behind him yelling “stop” showing his badge and then there was a “tangle” on the porch with uniformed officers, too. The stop was without reasonable suspicion, and the gun found on him is suppressed. United States v. Walker, 2012 U.S. Dist. LEXIS 76781 (S.D. Ohio June 4, 2012).*

Bilderberg Enraged Over “Cockroach” Protesters

TruthNews.US - News - Wed, 2024-11-27 08:53
Infowars.com| Bilderberg members attending their annual confab in Chantilly Virginia this past weekend referred to protesters outside as "cockroaches".

Bilderberg Enraged Over “Cockroach” Protesters

TruthNews.US - News - Wed, 2024-11-27 08:53
Infowars.com| Bilderberg members attending their annual confab in Chantilly Virginia this past weekend referred to protesters outside as "cockroaches".
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