Truth News

IN: Retaining defendant's drivers license meant he wasn't free to leave

FourthAmendment.com - News - Tue, 2024-11-26 14:40

Retaining defendant’s drivers license while asking pointed questions about potentially illegal conduct was a seizure because the defendant would not feel free to go. State v. Scott, 966 N.E.2d 85 (Ind. App. March 1, 2012), ordered published March 16, 2012.

Defendants failed to make a substantial preliminary showing of material falsity to get a Franks hearing. United States v. Neal, 2012 U.S. Dist. LEXIS 81849 (E.D. Tenn. April 13, 2012).*

The district court concluded that defendant’s rationale for consenting was that he hoped that the police wouldn’t find what they were looking for, but they did. That was a reasonable interpretation of the facts supported by the evidence. “That was a rational gamble, but one that Welch lost. Welch's consent was not coerced, just constrained, by having to place his bet on one of two poor alternatives. Maybe if he let them in, the police would want to get the search done quickly and fail to find his contraband. Or maybe if he put them to the trouble of getting a search warrant, they would search more thoroughly because he had inconvenienced them.” United States v. Welch, 2012 U.S. App. LEXIS 12001 (11th Cir. June 13, 2012).*

W.D.N.Y.: One has standing to challenge a search of stuff left with another during incarceration

FourthAmendment.com - News - Tue, 2024-11-26 14:40

Defendant left property with another while he was incarcerated. This was not formalized, but it was a relationship what was more than just a subjective expectation of privacy. Contrary to the government’s argument, it was not precipitous, like the cases where the defendant gave drugs to somebody to store just before the police arrived. Accordingly, the court will get to the merits of the search claim, and the government is ordered to respond. United States v. Eldridge, 2012 U.S. Dist. LEXIS 81442 (W.D. N.Y. June 12, 2012).*

Defendant’s IAC claim against defense counsel for not filing a motion to suppress is denied because the guilty plea expressly waived it. United States v. Ortiz, 2012 U.S. Dist. LEXIS 81137 (S.D. Tex. June 12, 2012).*

Defendant was stopped for alleged DUI, and made to go through a field sobriety test. She was tested for alcohol and drugs. A jury question remained on whether the officer just made it up to justify the stop. Green v. Throckmorton, 2012 U.S. App. LEXIS 11930, 2012 FED App. 0175P (6th Cir. June 13, 2012).*

W.D.Ky.: Example of defense failure to show guest standing

FourthAmendment.com - News - Tue, 2024-11-26 14:40

Guest standing here is speculative without a better showing by the defense. United States v. Wix, 2012 U.S. Dist. LEXIS 81871 (W.D. Ky. June 13, 2012)*:

Too many questions exist to accurately measure Defendants' legitimate expectation of privacy in the mobile home. How often did Defendants spend the night in the mobile home and on the Property? The Court cannot possibly measure with any accuracy the subjective statement of Dozier that Wix and she stayed there "a lot." When was the last time Dozier and Wix were guests in the mobile home? Dozier admitted during her testimony that she did not spend the previous night in the trailer and the Court does not have additional information on the subject. Did Defendants have permission to stay there from the owner, Clifford Wix? It may be safe to assume so, but no direct evidence on this point was presented during either hearing. Were there any personal belongings of Defendants in the mobile home? Dozier did not offer any proof on this matter and Wix's silence is impossible to measure. Were Defendants providing Clifford Wix some sort of compensation to stay in the mobile home? Again, there is a deficiency in the record on this issue. Did Defendants have a key to mobile home and could they come and go without first obtaining permission from Clifford Wix? No relevant information was offered in this regard. The only verifiable information about which the Court can be sure is Defendants did not own the mobile home and they did not stay there the night before the police raided the Property. 1 HR, DN 41 p. 9-10.

Teach phonics, do not mimic baboons

Eagle Forum - Tue, 2024-11-26 14:40
Here is some research in teaching baboons to read: Dan the baboon sits in front of a computer screen. The letters BRRU pop up. With a quick and almost dismissive tap, the monkey signals it's not a word. Correct. Next comes, ITCS. Again, not a word. Finally KITE comes up. He pauses and hits a green oval to show it's a word. In the space of just a few seconds, Dan has demonstrated a mastery of Rogerhttp://www.blogger.com/profile/03474078324293158376noreply@blogger.com0

Killer Drones Coming to A Sky Near You: Rosalind Peterson Reports

TruthNews.US - News - Tue, 2024-11-26 14:40
Infowars.com | Darrin McBreen talks to rosalind peterson of california sky watch about the deadly consequences of the government using military unmanned drones here in america.

CDC says fluoride has no evidence of benefit for infants

TruthNews.US - News - Tue, 2024-11-26 14:40
Natural News | In a letter to California senator Barbara Boxer the Centers for Disease Control (CDC) director Thomas Frieden responded to questions about fluoride and infants.

Mercury found in China baby formula

TruthNews.US - News - Tue, 2024-11-26 14:40
AFP | Chinese dairy maker Yili said it had started recalling batches ofbaby formula after authorities found they contained high levels of mercury, in the latest food safety scare to hit the country.

CA5: Use of “electronic memory devices” not overbroad and was limited by the subject matter of the search warrant

FourthAmendment.com - News - Tue, 2024-11-26 14:40

The use of “electronic devices” and “electronic memory devices” in the search warrant was not overbroad because it had to be interpreted in terms of the last limiting phrase, to locate an alleged missing person. Child pornography was found. United States v. Triplett, 2012 U.S. App. LEXIS 11987 (5th Cir. June 13, 2012):

Triplett lists some of the wide variety of devices with electronic memories. He argues that the warrant description was overbroad. We find limiting guidance for the officers in the warrant. It stated that the objects were relevant "to locate Kaila Morris," informing the officers that the proper electronic memory devices were those on which information on her location could be preserved. The arguably vague terms were among a list of other items to be seized described in greater detail. The warrant called for the seizure of "all articles of clothing of Kaila Morris, bed sheets, electronic devices, electronic memory devices, cell phone, DNA, hand digging and cutting tools, vehicles, and utility vehicles." See 2 LaFave, Search and Seizure § 4.6(d), at 628 (4th ed. 2004) (noting that a general reference "at the end of a list of specific items may be upheld on the theory that the language of a warrant is to be construed in light of an illustrative list of seizable items" (quotation marks and citation omitted)). The list was of evidence likely in Triplett's possession and relevant to his interactions with Kaila Morris, who had just been reported missing. See United States v. Hibbard, 963 F.2d 1100, 1102 (8th Cir. 1992) (finding enough particularity when warrant "limited the search to locating Shelly Ramsey or any evidence relating to her").

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