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IssuesRomney won't repeat McCain's mistakePanetta: Photos violate U.S. valuesRetired Ill. couple claims share of $656M jackpotBuffett Rule AntidoteRomney gets big backer before big speechAuthor 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." Judge asked to sign off on $7.8B BP oil spill settlementNEW 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. Body found might be Marine's wife; woman arrestedOhio executes man who fatally stabbed teen in 1985COLUMBUS, 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?Romney as GOP nominee -- now what?Senators encourage GSA to 'clean house'White House defends Secret Service, director3 Secret Service members to leave agencyD.C.Cir.: Presence of firearms in SW justified no announcement on entryOfficers’ 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 seizedThe 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 standingDefendant 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 babySPRING, 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 authorityPolice 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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