Conservative

Prosecutors in Patz murder case face tough challenges

NEW YORK — For prosecutors, the work is just beginning after the astonishing arrest last week of a man who police say confessed to strangling a 6-year-old New York City boy 33 years ago in one of the nation's most bewildering missing-child cases.

Pedro Hernandez, 51, was charged with second-degree ...

Fire, winds force ghost town to evacuate

GLENWOOD, N.M. — Crews fighting a wildfire in the Gila National Forest in New Mexico planned to take advantage of lighter winds Sunday by building protection lines on key flanks of the blaze and preparing to send water-dropping helicopters into the air for the first time in several days.

The ...

WILLIAMS: Obama's road not taken

ANALYSIS/OPINION:

It is that time of year again - commencement address season. It's the time when everyone dusts off Frost's "The Road Not Taken" from their high school anthologies, a time for secular sermons.

President Obama, a man who has probably never said no to a speaking opportunity in his ...

8 Websites for Conservatives

About.com - US Conservatives - Wed, 2024-11-27 23:34
Times change, and websites come and go. Conservatives have become more vocal and active since 2009, and the "silent majority" is no more.

That brings us to the top conservative websites for 2012, ones that you should bookmark and check out on a regular basis. A handful of these websites are new this year, including the first one on our list, Twitchy.

1. Twitchy - Founded by Michelle Malkin in 2012, Twitchy finds and highlights the top news items, stories, and events posted on social media site Twitter and showcases the best tweets related to those stories. The website is one part informative and one part entertainment. If you like to know the news before it makes the news from a conservative angle, twitchy offers all the excitement that could possibly be had in 140 characters or less.

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8 Websites for Conservatives originally appeared on About.com Conservative Politics: U.S. on Sunday, May 27th, 2012 at 20:33:03.

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Vice President Biden Addresses West Point Graduates

TruthNews.US - News - Wed, 2024-11-27 23:34
Boston Herald | Biden: "...we were convinced that our nation had reached a strategic turning point, requiring us to rebalance our foreign policy,""

Syrian Government Denies Blame for Houla Massacre

TruthNews.US - News - Wed, 2024-11-27 23:34
VOA News | One resident of village tells U.N. observer team, "My God, we are men...we are men and they are killing us as if we were less than donkeys."

Afghan family killed by Nato air strike

TruthNews.US - News - Wed, 2024-11-27 23:34
The Guardian | 'Eight innocent civilians dead in Paktia province, say officials, but coalition says troops came under fire from insurgents.'

New Mexico wildfire grows, forces evacuation

ALBUQUERQUE, N.M. (AP) — A wildfire in Gila National Forest burned through more timber and brush lands as it forced the evacuation of residents living near a privately owned ghost town in southwestern New Mexico, officials said.

Fueled by strong, erratic winds, the Whitewater-Baldy Complex fire burning through rugged and remote ...

W.Va. police find 4 bodies in wooded area

SOUTH CHARLESTON, W.Va. (AP) — West Virginia State Police said late Saturday they had found four bodies in a wooded area and believe they are those of a missing man, his girlfriend and his two young children.

Police said in a news release that the bodies were found about a mile ...

OH8: Admission of PCP use is RS

FourthAmendment.com - News - Wed, 2024-11-27 23:34

Relying on a tip of men selling drugs in Cleveland, the officers approached defendant and he admitted smoking PCP earlier. That was reasonable suspicion to pat him down for officer safety. State v. Hunter, 2012 Ohio 2302, 2012 Ohio App. LEXIS 2023 (8th Dist. May 24, 2012)*:

[*P19] In our view, the record establishes that the officers proceeded to investigate the area in good faith reliance upon the tip of men selling drugs. During their conversation with the men, defendant was sluggish, appeared dazed and confused, and repeatedly failed to answer the officers' questions. Although the officers demanded that defendant take his hands from his pockets, the record demonstrates that as the officer took a few steps closer to defendant, he quickly detected the distinct odor of PCP from defendant. Defendant then told the officers that he had smoked PCP earlier, and this created a reasonable suspicion, based upon specific and articulable facts, that an individual is or has been engaged in criminal activity such to justify a search of defendant's outer clothing under Terry. Accord State v. Wilson, 8th Dist. No. 94097, 2010 Ohio 5478 (patdown permissible where officers detected odor of PCP); State v. Dunn, 8th Dist. No. 85435, 2005 Ohio 3477.

Hunter is here. What’s this gratuitous use of “good faith” for an encounter? Sloppy appellate court writing--completely unnecessary, and a prosecutor will later use this case to argue the good faith exception applies to warrantless searches.

S.D.Cal.: Wiretap gave PC to stop and search defendant's car

FourthAmendment.com - News - Wed, 2024-11-27 23:34

The product of the wiretap in this case gave probable cause to believe that defendant had drugs in his car when he showed up as predicted. United States v. Carey, 2012 U.S. Dist. LEXIS 72846 (S.D. Cal. May 24, 2012).*

A juvenile’s school photo ID was used in a photo lineup. He claimed an expectation of privacy in it, and the trial court granted a motion to suppress. Remanded for a determination of how all this came about because it can’t be determined whether there is a reasonable expectation of privacy on this record. “Such evidence might also help resolve whether the student identification card and photograph form part of the confidential ‘student record’ under State and Federal education regulations; if they are part of the student record, that fact would also bear on whether the juvenile had a reasonable expectation of privacy in the photograph.” Commonwealth v. Zachary Z., 2012 Mass. LEXIS 370 (May 24, 2012).*

E.D.Cal.: Gov't showed reliability of drug dog by affidavit and motion to suppress denied without hearing

FourthAmendment.com - News - Wed, 2024-11-27 23:34

By affidavit in response to the motion to suppress, the government showed that the drug dog was reliable and the motion to suppress is denied without a hearing. United States v. Sandoval, 2012 U.S. Dist. LEXIS 72776 (E.D. Cal. May 24, 2012):

"Based upon [these undisputed facts], the Government has met its burden of proving [Darco's] reliability." United States v. Neatherlin, 66 F. Supp. 2d 1157, 1160-61 (D. Mont. 1999)(stating evidence that the narcotics detection dog trains eight hours every two weeks, is tested and certified annually, and does not alert where no drugs are present "shows, by a preponderance of the evidence, that [the dog] is reliable"); see also Spetz, 721 F.2d at 1464 (stating a "mistake in the affidavit [supporting a search warrant] as to [the narcotics detection dog's] record was unimportant because the difference in figures[, i.e. alerting correctly 56 out of 61 occasions versus 60 out of 66 occasions,] is immaterial and would not have affected the magistrate's judgment of the dog's reliability").

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