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IssuesAP wins Pulitzer for stories on NYPD spyingNEW YORK — The Associated Press won a Pulitzer Prize for investigative reporting Monday for documenting the New York Police Department's widespread spying on Muslims, while The Philadelphia Inquirer was honored in the public service category for its examination of violence in the city's schools. Where's outrage over West's comments?Exec at center of GSA scandal takes FifthChaffetz: Hearings about preventing more wasteCommittee prepares for hearingsMcCaffery: Buffett Rule going nowhereOklahoma shooting-spree suspects arraignedTULSA, Okla. (AP) — A judge entered not-guilty pleas Monday for two Oklahoma men accused of going on a racially motivated shooting spree in which three people were killed and two others wounded in a predominantly black section of Tulsa this month. E.D.Tenn.: Consent to search for stolen guns can go anywhere a gun could be hidden“Even if an individual is found to have validly consented, he can still challenge a search on the basis that it exceeded the scope of his consent. See United States v. Canipe, 569 F.3d 597, 604 (6th Cir. 2009).” Quoting United States v. Carter, 378 F.3d 584, 587 (6th Cir. 2004), also on consent in general: “‘Fundamentally, Carter asks us to hold as a matter of law that consent must be given verbally, perhaps by some ‘magic words’ formula. This we decline to do. Although a man’s home is his castle, trumpets need not herald an invitation. The police may be kept out or invited in as informally as any other guest. Carter invited the police in and cannot undo his act in court.’ Id. at 589.” Defendant was actually showing the police he wanted to cooperate, so the consent was voluntary. Since the object of the search was a stolen firearm, the search could be anywhere the gun might be found. United States v. Murphy, 2012 U.S. Dist. LEXIS 52246 (E.D. Tenn. March 26, 2012), R&R 2012 U.S. Dist. LEXIS 52245 (E.D. Tenn. January 10, 2012).* The officer applying for the telephonic search warrant was not the officer with the most information, but that did not make his hearsay application void. The Franks issue fails: “None of the claimed omissions, if included in the affidavit, would have negated the probable cause determination.” Some of the claimed omissions were actually incriminating. United States v. Salisbury, 2012 U.S. Dist. LEXIS 51998 (D. Nev. February 3, 2012).* Romney taps aide for VP search, but trails in poll2012 opponents both moderatesCrowley: The politics of the Buffett RuleParties continue skirmish over female voteDrug war, legalization hot topic at summitObama wants 'rigorous' Secret Service investigationObama on Secret Service allegationsND: Frantic woman asked police to enter house, so that was consentA frantic woman was worried about her children locked in the house with defendant. The district court’s finding of consent to enter was supported by the evidence. Moreover, there was sufficient evidence of exigency and the entry was not made to arrest or investigate a crime. State v. Morin, 2012 ND 75, 2012 N.D. LEXIS 80 (April 10, 2012).* On staleness, “evidence of the manufacture of methamphetamine is closer to a regenerating conspiracy than a chance encounter in the night. On the continuum of long-versus short-term criminal operations, the manufacture of methamphetamine lies somewhere between growing marijuana and selling or consuming drugs.” It was at a residence, “the alleged criminals were entrenched rather than nomadic.” United States v. Redmond, 2012 U.S. App. LEXIS 7504, 2012 FED App. 0405N (6th Cir. April 13, 2012).* American Scene: Auction house sells off Titanic-related memorabiliaDueling reasons for the falling teen birthrateThe good news that U.S. teen birthrates are continuing to fall has resurrected the debate about how much credit for the trend should go to contraception and how much to abstinence. The recent declines in teen birthrates can be linked "almost exclusively" to improvements in teens' contraceptive use, the Guttmacher ... States make headway on abortion restrictionAt least 75 bills to restrict abortion passed one state legislative chamber in the first quarter of 2012, the Guttmacher Institute said Friday. While this wasn't quite the flurry seen in 2011, when a record 127 abortion-restricting bills passed one chamber, it was "still higher than usual for an election ... ![]() |
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