Issues
TechSpot | The Netherlands has become the first EU member country to pass into law new net neutrality regulations.
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Jeffrey Phelps | New developments are dashing any hopes that Romney would emerge "easily" as the Republican nominee.
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Gareth Porter | The U.S. Treasury Department's claim of a "secret deal" between Iran and Al-Qaeda is not true.
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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.
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Sayer Ji | Top biotech firms are now investing in the burgeoning, multi-billion dollar industry practice known as "check book" science.
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Infowars | Be part of history; expose the shadowy cartel.
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Infowars | Letter proves that Monsanto was planting GM alfalfa BEFORE it was approved by the USDA. Guest Anthony Gucciardi and host Mike Adams.
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CBS Chicago | No Food, Drinks, Backpacks Allowed On Any Metra Train.
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Economic Collapse Blog | Today, Wall Street is the biggest casino in the entire world.
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AFP | About 4,000 accused supporters of former dictator Moamer Kadhafi are still being held, and, often tortured.
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BBC | A Greek exit would be damaging but not necessarily fatal to the euro.
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Susan Aarde | Scientists found that none of the eight dispersants displayed endocrine-disrupting activity of “biological significance.”
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Ethan A. Huff | Mega-fascist entity is moving forward at an alarmingly rapid pace in the U.S.
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JB Bardot | Rebirth of the Victory garden.
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Ron Paul | Ron Paul calls upon supporters to fund remaining campaign as his quest for delegates goes on despite the media blackout.
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Mitt Romney tells Liberty University students that marriage is the relationship between one man and one woman.
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 ...
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Infowars | Mike Adams talks with Len Saputo, a board certified doctor of internal medicine, about using health to empower our own lives.
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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).*
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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