Truth News

3,000 soldiers to serve in Africa next year

TruthNews.US - News - Tue, 2024-11-26 18:15
Army Times | Roughly 3,000 soldiers — and likely more — are expected to serve tours across the continent in 2013, training foreign militaries and aiding locals.

N.D.Ill.: Plaintiff was properly temporarily removed from a city council meeting when it was discovered he was armed

FourthAmendment.com - News - Tue, 2024-11-26 18:15

In a combined First and Fourth Amendment case, plaintiff was at a city council meeting to speak, and he was animated and concerned others when they determined he was armed. He was removed from the meeting, and it was determined that he was a law enforcement officer, so they let him back in. The decision to remove him was reasonable under the circumstances. Sandefur v. Hanover Park, 2012 U.S. Dist. LEXIS 79412 (N.D. Ill. June 7, 2012)*:

Here, the court finds it significant that the stop took place in the context of a Village Board meeting. The situation is thus somewhat different from a typical Terry stop of an individual on the street. In the public setting of a Village Board meeting, the potential consequences of failing to apprehend an individual about to commit a crime are significantly enhanced, for any criminal activity is a threat not only to the order of the meeting, but also to the safety of all present. A stop that would not be justified on the street might therefore be reasonable in the setting and circumstances of a public meeting.

With that backdrop, the court determines that there was reasonable suspicion to seize Sandefur at the meeting, take him to the hallway, and search him. As explained above, the defendants had observed that Sandefur was carrying a concealed weapon, and they were not aware that he was a law enforcement officer. Moreover, Sandefur was very animated as he addressed the Board. The defendants were thus justified in attempting to ascertain whether Sandefur was legitimately carrying the weapon. Moreover, the search was minimally intrusive, for it lasted no longer than necessary to ascertain that Sandefur was a law enforcement officer and involved only as much force as necessary to secure Sandefur and prevent any potential harm to the attendees of the meeting. Within only a few minutes of the commencement of the search, Sandefur was free to leave.

N.D.Ga.: After consent search, officer explained that drug dog was needed, too, and defendant acquiesced in expanding consent

FourthAmendment.com - News - Tue, 2024-11-26 18:15

Defendant consented to a search that led the officer to determine that a dog sniff was required. He explained it to the defendant, and defendant’s acquiescence expanded the consent. The officer did not have to remove a duffle bag from the car before having the drug dog smell it. United States v. Hill, 2012 U.S. Dist. LEXIS 79250 (N.D. Ga. June 7, 2012).*

Plaintiff sufficiently pled trespass by border patrol officers coming on his property and assault and battery for nearly driving into him because he attempted to take their picture with his cell phone camera. Moher v. United States, 2012 U.S. Dist. LEXIS 79443 (W.D. Mich. June 8, 2012).*

Defendant was in custody, but the state can meet his heavy burden of showing consent without having Mirandized the defendant. People v. McCray, 2012 NY Slip Op 4579, 2012 N.Y. App. Div. LEXIS 4489 (4th Dept. June 8, 2012).*

CA9: Fact a state or local employee lacks statutory arrest authority has no bearing on the Fourth Amendment question of probable cause

FourthAmendment.com - News - Tue, 2024-11-26 18:15

In a § 1983 case, the fact a state or local employee lacks statutory arrest authority has no bearing on the Fourth Amendment question of probable cause. Saunders v. Silva, 2012 U.S. App. LEXIS 11509 (9th Cir. June 7, 2012):

The district court found that Silva seized Saunders when he ordered her to leave church and return to her home. It further found that this seizure was unreasonable because Silva, as a Deputy Animal Control Officer within the Yavapai County Sheriff's Office, lacked the authority to conduct an arrest. Although Silva was not authorized under Arizona law to arrest Saunders, "state restrictions [on arrest authority] do not alter the Fourth Amendment's protections." Virginia v. Moore, 553 U.S. 164, 176 (2008). To constitute a Fourth Amendment violation, an arrest by a state officer must be unreasonable under the United States Constitution, rather than simply not in compliance with state laws. See United States v. Becerra-Garcia, 397 F.3d 1167, 1174-75 (9th Cir. 2005).

Porn incompatible with family values

Eagle Forum - Tue, 2024-11-26 18:15
A psychology professor writes: There is now substantial research showing that people who consume porn are indeed inclined to attitudes and behavior incompatible with strong family relationships based on affection and care for children. Frequent consumption of pornography is associated with: sexually aggressive behavior toward women, particularly for men who are prone to sexual aggression and Rogerhttp://www.blogger.com/profile/03474078324293158376noreply@blogger.com0
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