Truth News

Britain Moves to Invade Syria Under Humanitarian Pretext

TruthNews.US - News - Wed, 2024-11-27 02:28
presstv.com | Britain is planning to set up refugee camps inside Syria under pretext of saving civilian lives but in reality to help armed rebels fighting against the government.

TN: Coaxing expanded third-party consent after entry and seeing other stuff was still voluntary

FourthAmendment.com - News - Wed, 2024-11-27 02:28

After the police entered with consent to seize ammunition, they saw other relevant stuff and they were able to “coax” an expanded consent with defendant’s wife, and it was effective. State v. Niles, 2012 Tenn. Crim. App. LEXIS 362 (June 1, 2012):

Although the record shows that Niles's wife initially objected to the detectives' attempts to seize the entire date planner and its contents and the computer, Niles's wife and the detectives were able to reach an acceptable compromise regarding these items. Niles's wife acknowledged at the suppression hearing that she consented to the detectives' photographing parts of the planner and seizing documents inside the planner. Although Niles's wife and William Niles testified that the detectives exceeded the scope of her consent, the trial court accredited the testimony of Detectives Crews and Merlo on that issue. As we have stated, "[q]uestions of credibility of the witnesses, the weight and value of the evidence, and resolution of conflicts in the evidence are matters entrusted to the trial judge as the trier of fact." See Odom, 928 S.W.2d at 23. Moreover, because the evidence from the computer and the letters between Niles and the victim were never admitted at trial, any issue regarding suppression of this evidence is moot. Accordingly, we conclude that the trial court did not err in denying Niles's motion to suppress.

LA5: Guns drawn during a stop not per se arrest

FourthAmendment.com - News - Wed, 2024-11-27 02:28

Officers stopped defendant with reasonable suspicion of drugs, and they blocked his car and approached with guns drawn. That was not a per se arrest. State v. Carter, 2012 La. App. LEXIS 769 (La. App. 5 Cir. May 31, 2012):

The vast majority of courts have held that police actions in blocking a suspect’s vehicle and approaching with weapons ready, and even drawn, does not constitute an arrest per se. United States v. Edwards, 53 F.3d 616, 619 (3rd Cir.1995). An investigatory stop necessarily involves an element of force or duress and the temporary restraint of a person's freedom. There is the complete restriction of movement in an investigatory stop, but for a shorter period of time than an arrest. [citing cases] Investigatory stops may be accompanied by features normally associated with an arrest, i.e., use of drawn weapons. An investigatory stop is reasonable even when the police block a vehicle to prevent its occupant from leaving and approach with weapons ready or even drawn. [citing cases] Because an officer's view of a suspect seated in a car is always partially obscured, the officer is at a disadvantage when he approaches the occupant. United States v. Edwards, 53 F.3d 616, 619 (3rd Cir.1995). Furthermore, guns and drugs frequently go hand-in-hand. State v. Warren, 05-2248, p. 18 (La.2/22/07), 949 So.2d 1215, 1229.

The juvenile was found on the street in a high crime area in violation of the curfew. He was patted down and a gun was found in his waistband. His sister testified that he was summoned from his porch and arrested. The juvenile court credited the officer’s version, and that’s the end of it. State in Interest of R.L., 2012 La. App. LEXIS 779 (La. App. 4 Cir. May 30, 2012).*

E.D.Tex.: Dog's unproductive alert excluded under F.R.E. 403

FourthAmendment.com - News - Wed, 2024-11-27 02:28

The government proved the “well-trained” drug dog by training and certification and general lack of false positives sufficient for probable cause. However, the fact of an alert to a dresser in defendant’s house where no drugs were present is excluded from trial under F.R.E. 403 as more prejudicial than relevant. United States v. Pierre, 2012 U.S. Dist. LEXIS 76411 (E.D. Tex. May 10, 2012):

Here, the Court finds that any testimony about Bartje's alert on the dresser would confuse the issues and cause Defendant undue prejudice. In this case, the Government must prove that Defendant was involved in the distribution - not merely personal use - of cocaine and marijuana. Based on the testimony presented at the hearing, although Bartje's alert may have been reliable as an indicator that drugs were once present near the dresser, there is nothing about the alert that would show the amount of drugs that once were there, the amount of time that had passed since they were there, or the kind of drugs present. Any probative value Bartje's alert might have is outweighed by the risk that the alert was to an amount or type of drug not a part of the charged conspiracy and for a time period not within the charging indictment. Because the alert cannot define the who, what or when -- and because there is no possibility of examining or cross-examining Bartje as to the who, what or when of the alert -- any testimony about it would confuse the issues and unduly prejudice Defendant.

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