VoteKansas.org

Ethan A. Huff | One of the more sneaky lies now getting repeated is the one which implies that added fluoride chemicals are no different than the naturally occurring fluoride elements already present in many water supplies.

The Economic Collapse | The election results from Greece are in and the pro-bailout forces have won, but just barely.

Saman Mohammadi | Put the "Arab Spring" in Syria on hold. If NATO has its way, winter is coming to Damascus, and the snow won't be falling on Assad alone.

Police were investigating a serial rapist who struck on rainy nights. An officer saw a Jeep parked in a likely neighborhood because of a report of a man in a ski mask, and he felt the hood which was warm. He noted the license number finding it didn't stay in the neighborhood, looked through the windows, and drove off. An hour later he saw the vehicle moving and stopped it, asking the driver about what he was doing in the neighborhood, and he noted the answer. He asked for consent which was denied, and he let the driver go. The next day, after a rape was reported, officers followed up on the story obtained from the stop and found it false. The stop was with reasonable suspicion. State v. Burdick, 2012 Tenn. Crim. App. LEXIS 396 (June 13, 2012):

We conclude that, under the totality of the circumstances, Officer Hamm had reasonable suspicion to stop the Defendant's Jeep. At the time of the stop, "The Wooded Rapist" was at large in the community. "The Wooded Rapist" had committed his rapes on rainy evenings in the Brentwood area. On the night of April 27, 2008, which was rainy, Officer Hamm responded to a call about a man wearing a ski mask and dark clothing in the area of Meadow Lake and Arnold Road. While patrolling that area, looking for something out of place, he noticed a gray Jeep parked on the side of the road. Upon approaching the vehicle, he found the hood of the vehicle warm. He ran the vehicle's tags and determined that it was registered to the Defendant, whose listed address was not in the subdivision. The officer left and returned an hour later, passing the Defendant driving the Jeep away from the Meadow Lake area. Officer Hamm initiated an investigatory traffic stop to identify the driver of the Jeep and determine if he was related to the call about the man in the ski mask. We conclude Officer Hamm had an articulable and reasonable suspicion that the vehicle, or its occupant, were subject to seizure for violation of the law.

We further conclude that Officer Hamm's stop of the Defendant did not exceed the proper parameters. The stop lasted between three and five minutes. The officer asked the Defendant if he had seen anything suspicious, and the Defendant responded negatively. The officer filled out a field interview card, and the Defendant offered the officer his phone number. The officer asked the Defendant why he was in the neighborhood, and the Defendant responded that he was there to visit a friend.

Does this case suggest a sliding scale of reasonable suspicion where the more serious the crime the lesser reasonable suspicion is required? If so, should that be permissible? Catching a serial rapist is certainly among the weightiest of government and public interests, as was preventing the armed robbery in Terry. Remember, that case also involved a frisk, not just a stop. Can it be said that comparing this case to a drug case where reasonable suspicion is the excuse for a stop, maybe this wouldn’t be reasonable suspicion for a stop? Well, you can’t compare this case to a drug case: Serial rapist on the loose striking on rainy nights; man with a ski mask seen in the neighborhood; a vehicle not belonging in the neighborhood is seen parked there, and it hadn’t been there long; stopping it to ask if the driver had seen anything suspicious, like the man in the ski mask, and asking for identification was not unreasonable. If defendant had been taken in on that, the discussion would be different. But, at the time of the stop, no rape had yet been reported, and he was let go in 3-5 minutes, getting only a name and why he was there. This was just good police work that fully respected the detainee's rights. It wasn't a stop on a pure hunch--it was because this car didn't come back as belonging in the neighborhood, and there was a report of a prowler.

Defendants and their vehicle matched the description of people alleged to have stolen from open houses. They were found within 30 minutes of the initial dispatch in the same city in a distinctive vehicle. The stop was with reasonable suspicion, and they admitted then to having been at the open house in question. People v. Rangel, 2012 Cal. App. LEXIS 694 (1st Dist. June 14, 2012);* People v. Little, 2012 Cal. App. LEXIS 705 (4th Dist. June 15, 2012).*

Claimant’s money was seized after a valid consent, and his testimony was found incredible on the consent issue. He was flagged by an Amtrak drug courier profile: one-way ticket bought just before departure for a sleeper car on somebody else’s credit card. United States v. Funds in the Amount of $239,400, 2012 U.S. Dist. LEXIS 82682 (N.D. Ill. June 5, 2012).*

In a forfeiture case, the government is not required to show probable cause or meet its ultimate trial burden. Therefore, claimant’s 12(b)(6) motion to dismiss is denied, and he must answer. United States v. $33,984.00 in United States Currency, 2012 U.S. Dist. LEXIS 83119 (D. Neb. June 14, 2012).*

Following state precedent, the search incident of a cell phone without any reason to believe it contains evidence of a crime is sustained. The issue is certified to the Florida Supreme Court. State v. Glasco, 2012 Fla. App. LEXIS 9717 (Fla. 5th DCA June 15, 2012):

Pursuant to Fawdry [v. State, 70 So. 3d 626 (Fla. 1st DCA 2011)] and Smallwood [v. State, 61 So. 3d 448 (Fla. 1st DCA), review granted, 68 So. 3d 235 (Fla. 2011)], we reverse the order granting the motion to suppress and remand this case to the trial court for further proceedings. We certify to the Florida Supreme Court a question of great public importance similar to the questions certified in Fawdry and Smallwood:

DOES THE HOLDING IN UNITED STATES v. ROBINSON, 414 U.S. 218, 94 S. Ct. 467, 38 L. Ed. 2d 427 (1973), ALLOW A POLICE OFFICER TO SEARCH THROUGH INFORMATION CONTAINED WITHIN A CELL PHONE THAT IS ON AN ARRESTEE'S PERSON AT THE TIME OF A VALID ARREST?

bbc.co.uk | Outcome could decide Greece's future inside the euro.

Alexandra Clark | Intercepted by an F-15 fighter under the direction of North American Aerospace Defense Command.

latimesblogs.latimes.com | Sunday saw a record 42.8% abstention rate.

nytimes.com | There did not appear to be signs of foul play, the police said.

Kurt Nimmo | Move follows U.S. accusation Russia is providing attack helicopters to Syrian government.

Reason.com: Unwarranted Intrusion / When it comes to wiretaps, the federal government's official policy is: "Trust us!" by J.D. Tuccille:

On June 11, Sen. Ron Wyden (D-Ore.) temporarily blocked the renewal of legislation that allows the U.S. government to listen in, without a warrant, on Americans' conversations, so long as they're chatting with overseas chums who are the official targets of the eavesdropping. In doing so, Wyden not only stood against a bipartisan cabal of snoopy legislative colleagues, but also against the White House, which wants the extension passed and is vigorously battling against constitutional challenges to such electronic eavesdropping. That may come as a bit of a surprise to anybody who remembers then-presidential candidate Barack Obama promising to end the use of warrantless wiretaps that were so popular under the George W. Bush administration.

Tony Cartalucci | There is no turning back for the West, it has created a global cascade of destabilization.

reuters.com | Increasing number of U.S. companies are taking retaliatory action.

Prof. James F. Tracy | Elites further subvert educational practices through “neuromarketing” techniques.

Alex Jones | This is a microcosm of the fight we all face daily against control freaks world-wide.

Defendant and a companion were suspected of shoplifting in a Target store, and defendant was a suspected lookout for the other. Both had come and gone from the store repeatedly. When defendant was confronted in the store, there was reasonable suspicion, but he was frisked and told he was free to leave. The loss prevention people, however, were looking for the vehicle to see if shoplifted stuff was in it. Defendant was clearly free to leave, and his companion was already let go. “We acknowledge that this left Little in an unfortunate catch-22—if he stayed, the officers would ultimately discover the car; if he attempted to leave in the car, he would lead the officers to it; and if he left on foot, the officers would eventually find the car and arrest him later. However, this situation resulted from information the officers legally obtained in the course of the lawful investigatory detention, and the officers were not required to cease all investigation simply because they determined they could no longer legally detain Little.” So, there was a second encounter when he went to the car, and that didn't make the stop unreasonable. State v. Little, 2012 Utah App. LEXIS 175 (June 14, 2012).*

Catch-22 is the name of a novel. It should be capitalized, unless it is now in general use. Since copyrights are good for 70 years after the death of the author, I'd say not yet allowed for general use, but a lot of people do. Joseph Heller created it by his own genius. The value of the word and concept is undeniable, and I don't use it without thinking of the book, which I read twice in 1968.

Howie Carr | A tax increase so monstrous that it would make M. Stanley Dukakis blush.

The informant’s false statement, comparing grand jury testimony with the affidavit for the search warrant, is not chargeable to the officer under Franks, so the motion is denied. United States v. Neal, 2012 U.S. Dist. LEXIS 81849 (E.D. Tenn. April 13, 2012).

A game warden received a call about unlawfully taking a deer by three people in a “whitish old Subaru car,” and that justified the stop when it was seen. United States v. Wilks, 2012 U.S. Dist. LEXIS 82165 (D. Mont. June 12, 2012).*

The USMJ’s findings of voluntary consent is adopted by the USDJ. There is no testimony except that the consent was voluntary. United States v. Talamante-Rodriguez, 2012 U.S. Dist. LEXIS 82009 (D. Ariz. June 12, 2012).*

NY Times columnist David Brooks writes: Democrats frequently ask me why the Republicans have become so extreme. As they describe the situation, they usually fall back on some sort of illness metaphor. Republicans have a mania. President Obama has said that Republicans have a “fever” that he hopes will break if he is re-elected. Brooks has become the spokesman for Republicans on the NY Times and Rogerhttp://www.blogger.com/profile/03474078324293158376noreply@blogger.com0