Issues

Romney won't repeat McCain's mistake

CNN - Politics - Tue, 2025-04-22 12:23
Mitt Romney, presumptive GOP nominee, has begun his search for a running mate. This time around, it's clear what one rule will be: The vice presidential nominee needs to be qualified to be president.
Categories: CNN, Issues, Politics

Panetta: Photos violate U.S. values

CNN - Politics - Tue, 2025-04-22 12:23
Photos of U.S. soldiers posing with bodies of suspected Afghan urgents, published Wednesday by the Los Angeles Times, depict behavior that "absolutely violates" U.S. regulations and values, Defense Secretary Leon Panetta said Wednesday.
Categories: CNN, Issues, Politics

Retired Ill. couple claims share of $656M jackpot

RED BUD, Ill. (AP) — A retired southern Illinois couple claimed the third and final share of last month's record $656 million Mega Millions jackpot on Wednesday and said they plan to treat themselves — possibly even to a vacation — once they've sorted out how to invest their windfall.

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Buffett Rule Antidote

Opinion Journal - Tue, 2025-04-22 12:23
By Stephen Moore While the Senate voted this week on the Buffett Rule millionaire tax hike, House Republicans were pushing for a 20% business tax cut.


Romney gets big backer before big speech

CNN - Politics - Tue, 2025-04-22 12:23
Mitt Romney got another expected but key endorsement Wednesday before heading to North Carolina to speak in the city where Democrats will nominate President Barack Obama for a second term later this year.
Categories: CNN, Issues, Politics

Political theater at play in campaign

CNN - Politics - Tue, 2025-04-22 12:23
CNN's Anderson Cooper looks at how political theater is playing on the presidential campaign trail.
Categories: CNN, Issues, Politics

Author faces civil suit over 'Three Cups of Tea'

HELENA, Mont. (AP) — After making a $1 million deal to settle allegations that he misused his charity's money and resources, author Greg Mortenson now must face accusations that he fabricated parts of his best-selling books "Three Cups of Tea" and "Stones Into Schools."

A hearing is set for Wednesday ...

Judge asked to sign off on $7.8B BP oil spill settlement

NEW ORLEANS (AP) — BP and a team of plaintiffs' attorneys have presented a federal judge with the details of a proposed class-action settlement designed to resolve billions of dollars in economic damage claims spawned by the 2010 oil spill in the Gulf of Mexico.

The company and lawyers representing ...

Body found might be Marine's wife; woman arrested

SAN DIEGO — One woman was arrested on suspicion of murder. The body of another was discovered near a lake some 70 miles away.

The connection between them, and just about everything else in the case, remained murky as authorities investigated the disappearance of a U.S. Marine's wife from San ...

Ohio executes man who fatally stabbed teen in 1985

COLUMBUS, Ohio (AP) — Ohio on Wednesday executed a man for fatally stabbing the 15-year-old son of his former employers during a 1985 farmhouse burglary, marking the state's first execution in six months.

Forty-nine-year-old Mark Wiles died by lethal injection, ending an unofficial moratorium on the death penalty that occurred ...

Will Romney lurch to the center?

CNN - Politics - Tue, 2025-04-22 12:23
Fred Bayles: With Mitt Romney's candidacy now assured, the question is: Which Mitt will be running against Obama?
Categories: CNN, Issues, Politics

Romney as GOP nominee -- now what?

CNN - Politics - Tue, 2025-04-22 12:23
After devoting seven years and tens of millions of dollars trying to convince conservatives that he is one of them, Mitt Romney finally has a firm grip on the Republican presidential nomination.
Categories: CNN, Issues, Politics

Senators encourage GSA to 'clean house'

CNN - Politics - Tue, 2025-04-22 12:23
Senate Democrats take their turn Wednesday on the General Services Administration's $800,000 boondoggle -- a simmering political scandal involving wasteful spending at a Las Vegas conference.
Categories: CNN, Issues, Politics

White House defends Secret Service, director

CNN - Politics - Tue, 2025-04-22 12:23
The White House defended the Secret Service and its director Tuesday amid an embarrassing investigation into whether several agents brought prostitutes back to their hotel in Colombia ahead of a presidential visit.
Categories: CNN, Issues, Politics

3 Secret Service members to leave agency

CNN - Politics - Tue, 2025-04-22 12:23
Five members of America's elite Army Special Forces are among those under investigation in a prostitution scandal in Colombia, two U.S. officials said Wednesday, as the controversy continues to swirl in both countries.
Categories: CNN, Issues, Politics

D.C.Cir.: Presence of firearms in SW justified no announcement on entry

FourthAmendment.com - News - Tue, 2025-04-22 12:23

Officers’ alleged failure knock before entry was entitled to qualified immunity or was constitutionally justified. The officers knew that a gun was likely involved, and the search warrant included weapons. Under Richards and Wilson, this was sufficient to dispense with announcement for officer safety. Youngbey v. March, 2012 U.S. App. LEXIS 7630 (D.C. Cir. April 17, 2012).*

Defendants were moving around from room to room in a hotel, and vacated two rooms. The police had probable cause to search the rooms they were in as well as the abandoned rooms for firearms. A gun was actually abandoned in one of the vacated rooms. United States v. Albury, 2012 U.S. Dist. LEXIS 53644 (M.D. Fla. April 17, 2012).*

Officers searching a computer hard drive had the benefit of the plain view doctrine when they came upon obvious chat logs and foreign travel information. United States v. Johnston, 2012 U.S. Dist. LEXIS 53323 (E.D. Cal. April 16, 2012).*

E.D. Tenn.: Defendant's refusal to submit to arrest and flight showed he was not seized

FourthAmendment.com - News - Tue, 2025-04-22 12:23

The traffic stop of car defendant was in was justified by occupants not using seatbelts. Defendant refused to submit and fled, and he was never seized. United States v. Lindsey, 2012 U.S. Dist. LEXIS 52250 (E.D. Tenn. February 3, 2012):

Because the Fourth Amendment governs actual seizure, not attempted seizures, the government need not justify Officer Fielden's attempt to stop Defendant. United States v. Smith, No. 10-1551, 2012 WL 181393 (6th Cir. Jan. 24, 2012) (holding that police need not justify their attempt to stop a defendant who evades their attempt). If a suspect is not seized because he evades the police, the Fourth Amendment is simply not implicated. Brendlin, 551 U.S. at 254; United States v. George, No. 10-6159, 2012 WL 128402, at *1 (6th Cir. Jan. 17, 2012) ("Without actual submission, 'there is at most an attempted seizure.'") (quoting Jones, 562 F.3d at 774 and Brendlin, 551 U.S. at 254); United States v. Smith, 594 F.3d 530, 535-36 (6th Cir. 2010) ("In order for a seizure to occur, the encounter must not be consensual and the officers must use physical force or the individual must submit to the officers' show of authority.").

The government does not dispute that Officer Fielden engaged in a show of authority. Defendant does not appear to contest that he failed to submit to Officer Fielden's show of authority; instead, Defendant contends he was seized, perhaps by physical force, the moment Officer Fielden's gun was drawn and pointed at him. The case law simply does not support Defendant's position.

S.D.Ill.: Defendant's initial denial of connection to premises to consent denied him standing

FourthAmendment.com - News - Tue, 2025-04-22 12:23

Defendant was seen at the scene of four controlled buys and was believed involved himself, and the totality gave probable cause. Thus, the search incident of his person and car were supported by probable cause. Defendant initially denied any connection to the premises, disclaiming an ability to consent. Officers then went to the door and talked to the occupant and got consent. Defendant made no effort to show standing, so he can’t object to the consent of another. United States v. Sayles, 2012 U.S. Dist. LEXIS 53070 (S.D. Ill. April 16, 2012).*

Defendant was arrested for carjacking, and keys were found on his person. The officer could remove the keys as a potential weapon or because there was probable cause to connect him to the carjacking under the search incident doctrine. United States v. Yancy, 2012 U.S. Dist. LEXIS 52394 (W.D. Tenn. April 13, 2012).*

Defendant’s detention was legal, so that did not change the government’s burden of showing consent, which the court finds to be voluntary. United States v. Armenta, 2012 U.S. Dist. LEXIS 52729 (D. Utah April 12, 2012).*

Texas nurse admits to shooting mom, abducting baby

SPRING, Texas (AP) — A nurse has admitted to fatally shooting a young mother in a town near Houston and abducting the dying woman's newborn son whom she apparently intended to adopt, authorities said Wednesday.

Verna McClain is charged with capital murder in the killing of 28-year-old Kala Marie Golden. ...

S.D.W.Va.: Discusses the "hierarchy among tenants" for apparent authority

FourthAmendment.com - News - Tue, 2025-04-22 12:23

Police came to defendant’s house on a child welfare call and asked to come in, and they were permitted. The court discusses the "hierarchy among tenants" for apparent consent. United States v. MacArthur, 2012 U.S. Dist. LEXIS 52269 (S.D. W.Va. April 13, 2012):

Co-tenant consent may also be limited where a hierarchy among tenants in authority over the premises makes the consent of one insufficient to validate a search of the entire premises. For example, although a short-term guest has a reasonable expectation of privacy in his temporary quarters, Minnesota v. Olson, 495 U.S. 91, 99, 110 S. Ct. 1684, 109 L. Ed. 2d 85 (1990), his control over all portions of the home where he stays may not be as extensive that of the owner, or a more permanent co-tenant. See Olson, 495 U.S. at 99 ("From the overnight guest's perspective, he seeks shelter in another's home precisely because it provides him with privacy, a place where he and his possessions will not be disturbed by anyone but his host and those his host allows inside.") (emphasis added); see also State v. Grant, 614 N.W. 2d 848, 853 (Iowa App. 2000) ("an overnight guest's legitimate expectation of privacy does not vitiate the homeowner's ability to consent to a search of his home.") (collecting cases).

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