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IssuesA Passion for BlacknessThe Nucleus of the Digital AgeL.A. mayor: Bypass states on No Child Left Behind education waiversCalifornia has decided against applying for a waiver from No Child Left Behind, but local officials in the Golden State still want relief from the widely maligned, decade-old law. Los Angeles Mayor Antonio Villaraigosa on Friday called on the Obama administration to expand its opt-out program to the individual district ... Backlash over Rush Limbaugh 'slut' attackApparent tornadoes hit Ala. homes, prisonATHENS, Ala. — Apparent tornadoes destroyed houses, sent people to hospitals and tore up the roof of a maximum security prison in northern Alabama as bad weather threatened more twisters across the region Friday, two days after storms killed 13 people in the Midwest and South. Anxiety mounted from Georgia ... Classes resume at Ohio high school after shootingCHARDON, Ohio (AP) — Students mourning the deaths of three teens in a shooting at an Ohio high school returned to class Friday, a day after charges were filed in juvenile court against the 17-year-old suspect. Police were on hand as students arrived under cloudy skies by car, on foot ... Ohio is Super Tuesday's big prizeObama 'not bluffing' on Iran nukesStartup sued for putting local TV on the iPhoneNEW YORK — Broadcasters have sued a startup backed by media billionaire Barry Diller that sends live local TV feeds to iPhones and iPads in the New York area. Two groups of broadcasters, including ABC, CBS, NBC, Fox and the local PBS station, filed suits Thursday in federal court, saying ... OH9: Need to establish standing in a possession offense is not a “Catch-22”Defendant was not in a “Catch-22” by having to establish standing since it couldn’t be used to prove guilt. The trial court explained it to her. State v. Vu, 2012 Ohio 746, 2012 Ohio App. LEXIS 650 (9th Dist. February 27, 2012): [*P23] Vu asserted in the court below that the trial court placed her in a "Catch-22" by insisting that she prove a possessory interest in the properties, as any such proof would aid the State's case. She also avers on appeal that it is illogical that she was barred from seeking suppression on the basis that she lacked a possessory interest, but was found guilty of possession, for which there had to be evidence of a possessory interest. The answer to both arguments lies in the difference between the suppression stage and the trial stage. [*P24] Although the State bore the burden of proof at trial, it was Vu's burden to prove that she possessed a legitimate expectation of privacy for purposes of suppression. Redding, 2010 Ohio 4286, at ¶ 8, quoting Blackert, 1992 Ohio App. LEXIS 3818, 1992 WL 174642, at *3. Further, any evidence she introduced at the suppression stage to prove that she had a possessory interest would not have been admissible against her at trial on the issue of guilt. Simmons, 390 U.S. at 394. The trial court explained both propositions of law to Vu's counsel at the suppression stage. Even so, Vu's counsel maintained that he did not have any testimony to offer, the record spoke for itself, and Vu automatically should be entitled to challenge the applicable search warrants, given that the State intended to pursue possession charges against her. The United States Supreme Court has specifically rejected the notion of "automatic standing," however, and it was Vu's burden to demonstrate a privacy interest. State v. Johnson, 63 Ohio App.3d 345, 347-348, 578 N.E.2d 867 (9th Dist.1989), citing United States v. Salvucci, 448 U.S. 83, 91-93, 100 S. Ct. 2547, 65 L. Ed. 2d 619 (1980). Because she failed to carry her burden, the trial court did not err by concluding that she lacked standing to challenge the warrants issued for the houses at Troon Avenue, Baywood Drive, and Autumnwood Lane and the apartments at Grand Lake Drive and Stoneybrook Lane. Come on: Simmons is almost 45 years old. Florida mulls outlawing Shariah, other foreign lawWEST PALM BEACH, Fla. — A measure to ban the use of foreign laws in domestic courtrooms is progressing in Florida's statehouse, one of dozens of similar efforts across the country that critics call an unwarranted campaign driven by fear of Muslims. Forty such bills are being pursued in 24 ... N.D.W.Va.: The GFE question is not “just lacking” in probable cause, but so lacking that no reasonable officer could rely in itThe affidavit was more than just “bare bones,” and the good faith exception was satisfied. The question is not “just lacking” in probable cause, but so lacking that no reasonable officer could rely in it. United States v. Oldaker, 2012 U.S. Dist. LEXIS 25788 (N.D. W.Va. February 16, 2012).* Officers had reasonable suspicion for a probation search, and probable cause was not the standard. United States v. Bolivar, 2012 U.S. App. LEXIS 4096 (9th Cir. February 29, 2012).* To satisfy the Fourth Amendment, an inventory did not require watch commander approval. The policy mentions it, but failure to follow is not a Fourth Amendment issue when the inventory is otherwise proper. State v. Stewart, 2012 Ida. App. LEXIS 17 (February 27, 2012).* Man in Rutgers video stream says he noticed webcamNEW BRUNSWICK, N.J. — A man who witnesses say was watched via webcam while kissing a Rutgers University student who later committed suicide took the stand Friday, telling jurors he noticed the webcam while the two were being intimate. "I had just glanced over my shoulder and I noticed there ... Wary eye on skies in towns hit by deadly twistersHARRISBURG, Ill. — Kera Wise picked through the fragments of her aunt and uncle's tornado-ruined home with a determined hustle under clear skies that weather forecasters warned could again turn dark and dangerous. Wise figured she had little time to waste Thursday as she stuffed photo albums and what few ... CA11: No qualified immunity for Tasering an unarmed man in a tree to get him outPlaintiff overcame qualified immunity in his claim that he was standing in a tree showing his hands when officers were trying to arrest him, having thrown down his rifle. They gave him conflicting orders, and Tasered him and he fell from the tree. Their claim that he could have jumped on them from the tree to grab the gun was dubious at best. Harper v. Perkins, 2012 U.S. App. LEXIS 4064 (11th Cir. February 29, 2012) (unpublished).* Defendant’s racial motivation for a stop failed here because, after the stop ended and he was told he was free to leave, he continued to talk to the officer and ultimately consented. United States v. Curry, 2012 U.S. Dist. LEXIS 25803 (D. Neb. February 29, 2012).* Plaintiff in this FTCA case was caught stealing from the mail, and a body search was conducted with his consent to locate fluorescent powder markings from the mail he tampered with. Thus, his consent and failure to object denies him a claim for this. Pinero v. United States, 2012 U.S. Dist. LEXIS 22376 (D. P.R. February 20, 2012).* GOP candidates hope for Washington state bounce into Super TuesdayE.D.Mo.: Officer could go with a arrestee asking to go back for clothes; plain view sustainedDefendant was arrested at home in her pajamas. She was allowed to reenter to get dressed, but officers were allowed to go in with her for self-protection, and a sawed off shotgun was seen inside leaning against the wall. This observation was lawful. [If she didn’t want them to see the gun, she should not have asked to go back inside. This is just like Christman.] United States v. Reid, 2012 U.S. Dist. LEXIS 24523 (E.D. Mo. February 7, 2012): When the deputies arrested Graham at 712 Thrush, she was dressed in her pajamas. Following the arrest and a brief discussion, the deputies allowed Graham to reenter 712 Thrush to change her clothes. Although the deputies had no specific reason to suspect danger to them or that Graham might attempt to escape, the deputies were entitled to enter the residence immediately before or with Graham and to remain with her as she changed clothes. Debuse, 289 F.3d at 1074-75 (holding that where the defendant "chose to reenter his house simply for his own convenience[,] [a]llowing reentry on the condition that the officers accompany him was reasonable"); .... Based on prior wiretaps, officers had probable cause as to defendant. When they saw what appeared to be a hand to hand transaction, they had more probable cause to stop him. United States v. Coria, 2012 U.S. Dist. LEXIS 24624 (D. Minn. January 25, 2012).* Some upset about Jeffrey Dahmer walking tour in MilwaukeeMILWAUKEE (AP) — A marketing group in Wisconsin wants to give walking tours of the bar where serial killer Jeffrey Dahmer met and hung out with some of his victims. But when victims' families and others found out about the tours this week through a Groupon promotion for a cut-rate ... PRUDEN: Obama is doing what comes naturallyANALYSIS/OPINION: Barack Obama just can't help himself. Bowing to rogues and rascals, stooping low enough to bang his head on the sidewalk, comes naturally to him. He learned to talk by apologizing to everyone in the nursery. He was the prince of all he surveyed, and learned early that slick ... |
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