Issues

Video: Become a FEMA Camp Internment/Resettlement Specialist

TruthNews.US - News - Sat, 2024-11-30 01:37
Infowars | Exciting opportunities! Become a concentration camp guard inside the USA-- all you have to do is "just follow orders" while America and its Constitution are destroyed from within.

The Evil of Monsanto

TruthNews.US - News - Sat, 2024-11-30 01:37
Infowars | Letter proves that Monsanto was planting GM alfalfa BEFORE it was approved by the USDA. Guest Anthony Gucciardi and host Mike Adams.

Romney: Marriage between 1 man, 1 woman

CNN - Politics - Sat, 2024-11-30 01:37
Mitt Romney tells Liberty University students that marriage is the relationship between one man and one woman.
Categories: CNN, Issues, Politics

Jennifer Hudson: Jury says stardom no factor in murders verdict

CHICAGO (AP) — Jurors shrugged off Jennifer Hudson's star status and insisted it played no role in their decision to convict her former brother-in-law for slaying the Oscar winner's mother, brother and nephew — a verdict that means the 31-year-old Chicago man will likely spend the rest of his life ...

How to Achieve Nutritional Victory

TruthNews.US - News - Sat, 2024-11-30 01:37
Infowars | Mike Adams talks with Len Saputo, a board certified doctor of internal medicine, about using health to empower our own lives.

IA: Community caretaking function did not justify stop for minor damage from striking object in road

FourthAmendment.com - News - Sat, 2024-11-30 01:37

Defendant’s stop for allegedly having struck an object in the roadway that did not affect the drivability of the car was unjustified. State v. Kurth, 2012 Iowa Sup. LEXIS 47 (May 11, 2012):

This case presents the question whether an officer is justified in activating his emergency lights and blocking a driver into a parking space under the "community caretaking function" exception to the warrant requirement of the Fourth Amendment based solely upon his knowledge that the vehicle has just struck an object in the roadway and suffered minor damage not affecting the drivability of the car. We conclude that under these circumstances, the community caretaking exception is inapplicable, and the seizure was impermissible. For this reason, we reverse the judgment of the district court and remand this case.

Tinted license plate cover was probable cause for a stop. State v. Tyler, 2012 Iowa App. LEXIS 347 (May 9, 2012).*

OH8: Four armed officers who moved toward open door in a knock-and-talk was coercive of consent

FourthAmendment.com - News - Sat, 2024-11-30 01:37

Four armed police officers and two security officers at the door for a knock-and-talk who moved forward when the door was opened was a coercive show of force making the consent involuntary. State v. Clark, 2012 Ohio 2058, 2012 Ohio App. LEXIS 1806 (8th Dist. May 10, 2012):

[*P21] While accepting the trial court's findings of fact as true, we find that upon considering these factors, the totality of the circumstances in this case demonstrates that Clark did not voluntarily consent to the officers' entry into and search of his apartment. The record reflects that four police officers and two uniformed security officers were waiting for Clark when he opened his apartment door. Even discounting Clark's testimony that one of the officers had his gun drawn, we find the presence of six officers immediately outside Clark's apartment door to be an overwhelming show of force that was inherently coercive, especially if, as Det. Kreischer testified, the purpose of a "knock and talk" is simply to "engage a suspect in conversation."

[*P22] The record also reflects that when Clark opened the door, the officers immediately surged forward into the doorjamb, making it impossible for Clark to shut the door. This tactic could only be meant to intimidate Clark into letting the police into his apartment so they could observe any contraband, consistent with Det. Carpenter's testimony that the real purpose of a "knock and talk" is to develop probable cause and make an arrest.

. . .

[*P24] Based on the foregoing, we can only conclude that under the totality of the circumstances, any consent was the result of coercive police tactics, and not voluntarily given. "'Consent' that is the product of official intimidation or harassment is not consent at all. Citizens do not forfeit their constitutional rights when they are coerced to comply with a request that they would prefer to refuse." Florida v. Bostick, 501 U.S. 429, 438, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991). Therefore, any evidence obtained as a result of the warrantless entry into and search of Clark's apartment should have been suppressed as tainted fruit of the poisonous tree and, accordingly, the trial court erred in denying the motion to suppress. Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).

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