Issues

Fractured gangs blamed for Chicago homicide surge

CHICAGO — There are many theories about what has caused a recent spike in Chicago's homicide rate, including a splintering of established drug gangs, the warm winter and high unemployment in some neighborhoods that seem a world away from the city's beaches, lush parks and skyscrapers.

The numbers clearly show ...

Ex-Penn State assistant coach McQueary testifies in Sandusky case

BELLEFONTE, Pa. (AP) — Former Penn State assistant coach Mike McQueary told jurors in Jerry Sandusky's sex-abuse trial Tuesday that he saw his ex-colleague with a prepubescent boy in an on-campus shower and that  he heard a "skin-on-skin smacking sound."

His account of the night differed little from his appearance ...

Insurers Moves Show No Turning Back on U.S. Health Law

TruthNews.US - News - Wed, 2024-11-27 06:43
Bloomberg | "Some provisions may be nullified when the Supreme Court rules this month on whether the law’s requirement that most Americans carry insurance is constitutional."

High court in bind over Obamacare

CNN - Politics - Wed, 2024-11-27 06:43
David Gergen and Michael Zuckerman say a 5-4 ruling against the individual mandate might be popular but risky for the court in the long run
Categories: CNN, Issues, Politics

Police: Ohio boy reports dad stabbed, killed mom

GROVE CITY, Ohio — A central Ohio man killed his ex-wife outside an apartment when she arrived to pick up their two children, and their 13-year-old son called an emergency dispatcher to report the stabbing, police said.

The boy called 911 after the slaying Sunday morning in Grove City, just ...

WV: Exclusionary rule doesn't apply to DL revos or suspensions

FourthAmendment.com - News - Wed, 2024-11-27 06:43

The judicially-created exclusionary rule is not applicable in a civil, administrative driver's license revocation or suspension proceeding. Miller v. Toler, 2012 W. Va. LEXIS 293 (June 6, 2012).*

Defendant’s truck was under surveillance near the border with Mexico for 72 hours, and officers suspected drugs in an auxiliary fuel tank, which had become common at the time. All the factors involving this vehicle pointed to reasonable suspicion because of the suspicious activities with the truck of proximity to the border. The officers suspected that the vehicle could have been driven across the river at a shallow point. United States v. Mark, 2012 U.S. App. LEXIS 11751 (5th Cir. June 11, 2012).*

On the totality, the officer had reasonable suspicion that defendant was carrying drugs in his car. [Note the court mentions consent was denied, but this is not mentioned later as a factor in reasonable suspicion.] State v. Smith, 2012 Mo. App. LEXIS 776 (Mo. App. June 11, 2012)*:

Here, Appellant was first legitimately stopped for two traffic violations. Already knowing that Appellant had just left a residence known for drug activity, Officer Buske first made contact with Appellant and was struck by Appellant's nervousness, sweating, and shaking. Further, he recognized Appellant from dealing with him on previous occasions and knew of his history of drug use and criminal activity. It was at this point that Officer Buske requested to search Appellant's vehicle and Appellant denied that request such that Officer Buske made the decision to request a police dog to sniff the vehicle which was done in an expeditious manner.

Obama Is Suing So Many States

Eagle Forum - Wed, 2024-11-27 06:43
Obama is suing Arizona to try to knock out its law to protect its citizens against illegal aliens, a law that polls show Americans support by two-to-one. The Arizona law allows local law enforcement to question the legal status of anyone who is stopped on suspicion of a crime, and then detain anyone who cannot prove he is legallly in the U.S. Illegal immigration is already a federal crime, and Phyllis Schlaflyhttp://www.blogger.com/profile/11930380089191812969noreply@blogger.com0

Senate breaks filibuster of Obama court pick

CNN - Politics - Wed, 2024-11-27 06:43
The Senate Monday voted narrowly to end a filibuster of President Barack Obama's pick for the California-based 9th U.S. Circuit Court of Appeals after a key Republican argued the judge was too sympathetic to criminal defendants and, based on his writings about Roe v. Wade, might be a judicial activist.
Categories: CNN, Issues, Politics

DOJ to sue Florida over voting rolls purge

CNN - Politics - Wed, 2024-11-27 06:43
In the latest volley in the ongoing battle over Florida voter lists, the Justice Department has sent a letter stating it will take legal action against the state, citing violations of voting rights laws.
Categories: CNN, Issues, Politics

Is Obama's re-election delaying action on Syria?

CNN - Politics - Wed, 2024-11-27 06:43
If Barack Obama could make three wishes, he would probably ask for the crisis in Syria to go away. That would help him receive another wish: Getting reelected as president of the United States.
Categories: CNN, Issues, Politics

OH10: Long protective weapons search of car permitted even if defendant in back of patrol car

FourthAmendment.com - News - Wed, 2024-11-27 06:43

Defendant’s conduct was suspicious enough to permit the officers to conduct a protective weapons sweep of his car for weapons, even though he was in the patrol car at the time. Long specifically permitted it. State v. Broughton, 2012 Ohio 2526, 2012 Ohio App. LEXIS 2227 (10th Dist. June 7, 2012).*

Defendant’s hiding his hand during a traffic stop that would have made the officer fear he was going for a gun made it reasonable for the officer to pull his weapon and order defendant out. United States v. Bost, 2012 U.S. Dist. LEXIS 80523 (E.D. Tenn. May 3, 2012).*

The search warrant was for “53 West James Circle,” which ostensibly was a duplex, but further investigation had revealed that the duplex was being converted into one unit with one driveway, one water meter, finally learning that it had “a mother-in-law suite” accessible from the common area inside. The search warrant was valid and particular. Conrad v. State, 2012 Ga. App. LEXIS 507 (June 8, 2012).*

S.D.Miss. declines to find potential Florence exceptions “clearly established law”

FourthAmendment.com - News - Wed, 2024-11-27 06:43

Strip searches of everybody at the jail, even those not going into general population, might be unreasonable even under Florence which left that question open, but, for civil liability, the question is “clearly established law,” and it’s not. Wamble v. County of Jones, 2012 U.S. Dist. LEXIS 79969 (S.D. Miss. June 8, 2012)*:

In the wake of Florence, the central question is whether Merrill violated clearly established law by allegedly participating in the search of Wamble. Merrill argues that he could not have violated clearly established law because the Florence Court left "open the possibility of exceptions" to the blanket rule that newly arrested persons may be strip-searched without reasonable suspicion if they are going to be booked into the general population of a detention facility. Florence, 132 S. Ct. at 1523 (Roberts, J., concurring).

When there is an "open question" as to whether certain conduct is unconstitutional, the law cannot be considered clearly established. See Mitchell v. Forsyth, 472 U.S. 511, 535 (1985) (holding that defendant was entitled to qualified immunity because "[t]he decisive fact is not that Mitchell's position turned out to be incorrect, but that the question was open at the time he acted"); Shepard v. Ripperger, 57 Fed. App'x 270, 272 (8th Cir.2003) ("Because the legality of refusing to identify oneself to police is an open question, it is not clearly established law for the purpose of denying qualified immunity." (citations omitted)); Polk v. District of Columbia, 121 F. Supp. 2d 56, 70 -71 (D.D.C.,2000) ("In both Davis v. Scherer and Mitchell v. Forsyth, the Supreme Court's holdings that the law was not clearly established turned on the fact that there was an 'open question' whether the Constitution outlawed the conduct at issue." (citations omitted)).

Thus, "[g]iven the Supreme Court's express reservation of the question of whether" detainees who are not going to be held overnight in a cell with other inmates may be strip-searched without a reasonable suspicion, the "contours" of Wamble's right to be free from unreasonable searches are "not sufficiently clear that the unlawfulness" of the search to which he was subjected would be "apparent" to all reasonable officials.

Analyzing Rand Paul’s Romney Endorsement

TruthNews.US - News - Wed, 2024-11-27 06:43
Infowars.com| A campaign blogger argues that the endorsement is a political move designed to position the Kentucky Senator for a presidential run in 2016.

Former SEALS Back Ventura in ‘Punch Hoax’ Lawsuit

TruthNews.US - News - Wed, 2024-11-27 06:43
Infowars.com | Former Governor of Minnesota Jesse Ventura's lawsuit against Navy SEAL Chris Kyle over Kyle's claims that he punched Ventura in a bar for insulting a dead U.S. soldier has gone to court.
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