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ConservativeEminent Domain: Ventura County Regulating Small Businesses Out Of ExistenceMytheos Holt | California government is now employing sleazy tactics in order to steal small business properties.
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National Guard Magazine Cover Story Specifies Americans as Greatest Terror ThreatAdan Salazar | GX magazine is for National Guard members, but why does their cover story seem to target the American people?
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CA5: Reasonableness for due process purposes can equal reasonableness for Fourth Amendment purposesReasonableness for due process purposes can equal reasonableness for Fourth Amendment purposes. Kinnison v. City of San Antonio, 2012 U.S. App. LEXIS 10937 (5th Cir. May 31, 2012): "As the text of the Fourth Amendment indicates, the ultimate measure of the constitutionality of a government search is 'reasonableness.'" Vernonia Sch. Dist. 47J v. Acton, 515 U.S. 646, 652 (1995). "[A] 'reasonableness' determination[] involves a balancing of all relevant factors," Whren v. United States, 517 U.S. 806, 817 (1996), and for Fourth Amendment purposes generally "requires no more of government officials than that of due process of law. Both constitutional provisions recognize an exigency exception, and, thus, lead to no practical distinction in" the summary action context. Flatford v. City of Monroe, 17 F.3d 162, 170 (6th Cir. 1994) (citing United States v. James Daniel Good Real Prop., 510 U.S. 43 (1993)); see also Freeman, 242 F.3d at 652 (noting that Supreme Court precedent "forecasts, even if it does not compel, that a balancing of the public and private interests at stake will favor the public interest in nuisance abatement after the conclusion of adequate administrative proceedings" (citing GM Leasing Corp. v. United States, 429 U.S. 338 (1977))). We see no reason to depart from the general practice of tethering the outcome of the Fourth Amendment inquiry to whether the property deprivation offended due process. In light of the procedural due process analysis above, we conclude that the district court should not have granted summary judgment on Kinnison's Fourth Amendment claim. Cf. Samuels v. Meriwether, 94 F.3d 1163, 1168 (8th Cir. 1996) ("[A]n abatement carried out in accordance with procedural due process is reasonable in the absence of any factors that outweigh governmental interests.") (citations omitted). Barack Obama: Drone WarriorCharles Krauthammer | Every Tuesday, Obama shuffles “baseball cards” with pictures of terrorists and chooses who shall die by drone strike.
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MA: Host could not consent to search of guest's bag in bedroomDefendant was the suspect in a string of burglaries and thefts to support a drug habit, and the police went where he was staying to get consent. A guest’s backpack and shopping bag in a house could not be the subject of consent by the host. Commonwealth v. Magri, 2012 Mass. LEXIS 464 (May 31, 2012): Thus, the crucial question is whether the defendant had a reasonable expectation of privacy in his bags that were in Barnes's bedroom. It is well settled that an overnight guest maintains an expectation of privacy in luggage stored in a host's dwelling. See, e.g., United States v. Davis, 332 F.3d 1163, 1167-1168 (9th Cir. 2003); United States v. Salinas-Cano, 959 F.2d 861, 864-865 (10th Cir. 1992); United States v. Wilson, 536 F.2d 883, 884-885 (9th Cir.), cert. denied, 429 U.S. 982 (1976). See also 4 W.R. LaFave, Search and Seizure § 8.5(d), at 231-232 & n.104 (4th ed. 2004) ("Among the articles which it would seem would most commonly be deserving of the 'high expectation of privacy' label in the host-guest context would be the overnight bag or suitcase or similar object brought to the premises by the guest"). Although the bags in this case were not traditional luggage, there is no reasoned basis to draw a legal distinction between a guest's containers based on the materials from which they are made, their shape, or the mechanism by which they are closed. Cf. Commonwealth v. Linton, 456 Mass. 534, 557 (2010) (defendant held expectation of privacy in backpack he brought to his brother's house for extended visit). The Commonwealth makes no claim that the bags were not closed. We conclude that the defendant maintained a reasonable expectation of privacy in both his backpack and the shopping bag. Paralyzed rats walk again in Swiss lab studyWashington Post | Scientists in Switzerland have restored full movement to rats paralyzed by spinal cord injuries.
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Knock Knock. Who’s There? Bilderberg. Bilderberg Who?Steve Watson | While the representatives of every major international organisation on the planet meet in a hotel in Virginia, the corporate media is reporting that Justin Bieber knocked himself out by walking into a door.
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Photography: A Crime Against the State and the Global EliteKurt Nimmo | The First Amendment is a dead letter in America.
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Top Hedge Fund: “The End Game: 2012 And 2013 Will Usher In The End”Zero Hedge | Top global hedge fund is painting a very dark picture for 2013
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D.Minn.: Words and gestures showed consent“It light of Kellerman’s ‘words and gestures,’ the officers reasonably believed that Kellerman had consented to their entry into the basement. See Almeida-Perez, 549 F.3d at 1171 (‘Our circuit precedent ... has been more liberal about allowing police to form their impressions from context.’).” United States v. Derden, 2012 U.S. Dist. LEXIS 74684 (D. Minn. April 16, 2012), adopted 2012 U.S. Dist. LEXIS 74218 (D. Minn. May 30, 2012).* Defendant consented to the entry of her home by the police: “No, no, come in and look. No one is home.” She was arrested for resisting. United States v. Hernandez, 2012 U.S. Dist. LEXIS 74499 (W.D. N.C. April 16, 2012).* A pre-Gant search in reliance on it was not subject to the exclusionary rule under Davis. Hinkle v. State, 2011 Ala. Crim. App. LEXIS 56 (July 29, 2011), Released for Publication April 13, 2012.* Obama Order Sped Up Wave of Cyberattacks Against Irannytimes.com | Significantly expanded America’s first sustained use of cyberweapons.
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Video Shows Activists Arrested At BilderbergPaul Joseph Watson | Protesters cuffed for taking close-up photos of Bilderberg members.
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Garry Kasparov: Bilderberg Hopes to Checkmate RussiaAaron Dykes | Chessmaster plays pawn to Western policy's design on Putin's Russia.
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It's time for Beltway barnacle Orrin Hatch to goSix-term entrenched incumbent Sen. Orrin Hatch, R-Utah, is attacking his conservative challenger, Dan Liljenquist, over his alleged support for tax hikes.
Barack Obama: Drone warriorA very strange story, a 6,000-word front-page New York Times piece on how, every Tuesday, Obama shuffles "baseball cards" with the pictures and bios of suspected terrorists from around the world and chooses who shall die by drone strike.
Wells Fargo Repossesses Stockton, California City Hallnews10.net | Bankruptcy contingency plans after Wells Fargo seized the new city hall building.
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Ambush Attempt On Alex Jones At Bilderberg BackfiresPaul Joseph Watson | Tucker Carlson's Daily Caller tries to embarrass Alex Jones, but only embarrass themselves.
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War Criminal Henry Kissinger confronted on Bilderberg and Mass MurderInfowars.com| We Are Change confronted Henry Kissinger last year before the 2011 Bilderberg conference. Here is that exclusive footage.
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US Federal Law forbids Bilderberg MeetingInfowars.com| Violation of the Logan Act is a felony, punishable under federal law with imprisonment of up to three years.
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Global Mafia Identified at Bilderberg: Including Possible VP Candidate!Infowars.com| Full spectrum coverage from the not-so-secretive meeting that is Bilderberg 2012.
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