Truth News

U.S. Attacks, Online and From the Air, Fuel Secrecy Debate

TruthNews.US - News - Tue, 2024-11-26 22:35
NY Times | "Keeping these programs secret may have a value," - Jack Goldsmith, law professor and Bush administration Justice Department official.

Afghan Children Dead After US Air Assault: Report

TruthNews.US - News - Tue, 2024-11-26 22:35
Common Dreams | "17 civilians have been killed in a NATO airstrike in eastern Afghanistan, according to a local official in Logar province."

MA: Defendant's suspicious conduct while getting dressed after arrest led to valid search under mattress for gun

FourthAmendment.com - News - Tue, 2024-11-26 22:35

Defendant answered his door in his underwear and was told he was under arrest. He asked if he could get dressed, and an officer went to his bedroom with him. The room was checked by a protective sweep. Defendant’s conduct in the bedroom led the officer to suspect a weapon, so the officer lifted the mattress and found a gun. That was lawful under Chrisman. Commonwealth v. Quilter, 2012 Mass. App. LEXIS 195 (June 6, 2012):

The firearm was not discovered during the protective sweep after the police entered the bedroom. Rather, it was discovered when an officer, suspicious of the defendant's conduct -- sitting at the end of the bed farthest away from the closet -- found the firearm under the mattress where the defendant had been sitting. While the judge stated that the officer was "acting on a hunch -- an excellent one, but a hunch nevertheless," the facts instead indicate that the officer's decision to look under the mattress was objectively reasonable. It is not unreasonable "for a police officer, as a matter of routine, to monitor the movements of an arrested person, as his judgment dictates, following the arrest. The officer's need to ensure his own safety -- as well as the integrity of the arrest -- is compelling." Washington v. Chrisman, 455 U.S. 1, 7, 102 S. Ct. 812, 70 L. Ed. 2d 778 (1982). "[A] police officer's decision how and where to conduct the search is 'a quick ad hoc judgment.'" Commonwealth v. Elizondo, 428 Mass. 322, 324, 701 N.E.2d 325 (1998), quoting from United States v. Queen, 847 F.2d 346, 352 (7th Cir. 1988).

M.D.Fla.: Gun found before consent withdrawn was admissible

FourthAmendment.com - News - Tue, 2024-11-26 22:35

Defendant was arrested by the DEA with a SWAT team, and he consented to a limited search and a gun was found. He effectively withdrew consent, and the search stopped. The gun found earlier was admissible. United States v. Posa, 2012 U.S. Dist. LEXIS 78456 (M.D. Fla. June 6, 2012).*

Defendant consented to a search of his car, and there was probable cause in any event. United States v. Lee, 2012 U.S. Dist. LEXIS 78579 (D. Haw. June 6, 2012).*

On the totality of evidence, there was probable cause to believe there was drug evidence in defendant’s car. United States v. Rucker, 2012 U.S. Dist. LEXIS 78323 (N.D. Fla. June 6, 2012).*

Defendant’s nervousness, criminal history, geographical limitations on use of his rental car, and possession of industrial degreaser was not reasonable suspicion. United States v. Johnson, 2012 U.S. App. LEXIS 11330, 2012 FED App. 0574N (6th Cir. June 5, 2012).*

WV: Police already seeking warrant when search occurred fell under inevitable discovery

FourthAmendment.com - News - Tue, 2024-11-26 22:35

Inevitable discovery applied because the search warrant was being sought when defendant was arrested and a search occurred. State v. Myers, 2012 W. Va. LEXIS 285 (June 1, 2012).

Defendant’s car was searched because of the strong odor of marijuana after he was stopped on the street with reasonable suspicion of drug dealing and they “discovered more than $500 in small, disorganized bills stashed in various pockets.” The search was valid under the automobile exception or the search incident doctrine because he was standing at the door when all this went down. United States v. Carter, 2012 U.S. App. LEXIS 11265 (11th Cir. June 5, 2012).*

While Washington law grants automatic standing, somebody with third-party authority can still consent. State v. Libero, 2012 Wash. App. LEXIS 1320 (June 5, 2012).*

Middle School Kids Drafted for Obama

Eagle Forum - Tue, 2024-11-26 22:35
Middle-school students in Virginia public schools became unwitting tools of the Obama presidential campaign when their teacher required them to conduct opposition research against Republican presidential candidates. 8th graders at Liberty Middle School in Fairfax County were told to research Republican candidates running for President, find the "weaknesses" of each, prepare a strategy paper to Phyllis Schlaflyhttp://www.blogger.com/profile/11930380089191812969noreply@blogger.com1
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