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An IP address traced to defendant’s house was probable cause for a search warrant for computers hooked up to the premises for child pornography. Barrett v. State, 2012 Tex. App. LEXIS 3988 (Tex. App. – Amarillo May 15, 2012).*

The fact that defendant pursued a motion to suppress at the state trial court level shows that he had a full and fair opportunity to litigate the search claim, so he could not make a Fourth Amendment habeas claim. Kidwell v. Martin, 2012 U.S. App. LEXIS 10172 (10th Cir. May 21, 2012).*

(1) It was 1:15 a.m.; (2) criminal activity had recently increased in the area; (3) defendant was standing on the private property of an auto body shop; (4) the shop was closed; (5) no other businesses in the area were open; (6) no other people were nearby; (7) the officer heard a loud crash; (8) defendant fled; and (9) defendant was carrying bags. The officer reasonably concluded that he had reasonable suspicion that a theft had occurred. The motion to suppress was improperly granted. People v. Funez-Paiagua, 2012 CO 37, 2012 Colo. LEXIS 350 (May 21, 2012).*

CAPE CANAVERAL, Fla. — The private company SpaceX made history Friday with the docking of its Dragon capsule to the International Space Station, the most impressive feat yet in turning routine spaceflight over to the commercial sector.

It marked the first time a business enterprise delivered a supply ship to ...

Faint smell of marijuana on defendant’s DL was not probable cause to search the car. United States v. Hickman, 2012 U.S. Dist. LEXIS 71330 (D. Idaho May 21, 2012):

The Ninth Circuit has held that "a strong odor of marijuana emanating from a vehicle can constitute probable cause to search the vehicle." United States v. Guzman-Padilla, 573 F.3d 865, 886 n. 5 (9th Cir. 2009). The Court, however, concludes in this case that the faint smell of marijuana on Hickman's license did not justify a search of his car. When questioned about the smell of marijuana on his license, Hickman explained that his roommate has a prescription for medical marijuana. While this explanation standing alone may not have excused Hickman, other factors support a finding of no probable cause: Hickman passed the field sobriety test; he was never resistant or confrontational; he appeared coherent in the video; and neither his clothes nor his car smelled of marijuana. Even Officer Cox, who was present at the scene, questioned whether he had probable cause to search the vehicle. While this has no legal bearing on the issue because the existence of probable cause is based on objective facts, it suggests that perhaps that the proper level of justification did not exist for the search.

PORTLAND, Maine — Scores of Maine churches will pass the collection plate a second time at Sunday services on Father's Day to kick off a fundraising campaign for the lead opposition group to November's ballot question asking voters to legalize same-sex marriages.

Between 150 and 200 churches are expected to ...

PUERTO VALLARTA, Mexico — Hurricane Bud weakened to a Category 2 storm as it headed early Friday toward an area of beach resorts and small mountain villages on Mexico's Pacific coast stretching south from Puerto Vallarta.

Authorities canceled school in 11 communities expected to be hit by heavy rains in ...

Defendant’s detention on the side of the road evolved into a custodial interrogation because of the officer’s actions in telling defendant she wasn’t going anywhere until the drug dog did its thing and denied her use of the phone and cigarettes. While basic traffic detentions are not custodial interrogations, they can become one and this one did. United States v. Ramos, 2012 U.S. Dist. LEXIS 71259 (D. Vt. May 21, 2012) (See Howes v. Fields, 132 S. Ct. 1181, 1190, 182 L. Ed. 2d 17 (2012) (holding that "the roadside questioning of a motorist who was pulled over in a routine traffic stop did not constitute custodial interrogation."); Berkemer v. McCarty, 468 U.S. 420, 436, 104 S. Ct. 3138, 82 L. Ed. 2d 317 (1984) (holding that while motorists subject to routine traffic stops do not generally feel free to leave they are not in custody for Miranda purposes); see Arizona v. Johnson, 555 U.S. 323, 333, 129 S. Ct. 781, 172 L. Ed. 2d 694 (2009) ("An officer's inquiries into matters unrelated to the justification for the traffic stop ... do not convert the encounter into something other than a lawful seizure, so long as those inquiries do not measurably extend the duration of the stop.");

Defendant was detained too long considering the alleged justification, and his subsequent consent was tainted by the overlong detention. United States v. Petersen, 2012 U.S. Dist. LEXIS 71551 (D. Utah May 22, 2012).*

NEW YORK — Profits at big U.S. companies broke records last year, and so did pay for CEOs.

The head of a typical public company made $9.6 million in 2011, according to an analysis by The Associated Press using data from Equilar, an executive pay research firm.

That was up ...

NEW YORK — Thirty-three years to the day after 6-year-old Etan Patz vanished without a trace while walking to catch a school bus, a man accused of strangling him and dumping his body with the trash was arraigned on a murder charge on Friday in a locked hospital ward where ...

ANALYSIS/OPINION:

Race-baiting is an ugly art. But a struggling candidate is often tempted to practice the dark arts. We're doomed to see a lot of those dark arts between here and November.

Barack Obama and his friends in the mainstream media, so called, can't believe that anyone could vote against ...

Did somebody say McJobless?

The American job market is no place for students as the number of employed high schoolers has hit its lowest level in more than 20 years, according to new figures from the National Center for Education Statistics.

In 1990, 32 percent of high school students held ...

States have collected billions of dollars from tobacco companies but spent only 3 percent of it to combat smoking - a less-than-robust response to the high costs of health care associated with smoking, a federal report released Thursday says.

Of the $243.8 billion in tobacco money received from 1998 to ...