Issues

Gov. McDonnell: Walker a man of courage

CNN - Politics - Wed, 2024-11-27 21:43
Virginia Gov Bob McDonnell discusses the Wisconsin recall vote and what's at stake in November.
Categories: CNN, Issues, Politics

Space shuttle Enterprise sails to Manhattan

NEW YORK — New Yorkers lined the West Side waterfront to welcome the space shuttle Enterprise as it sailed up the Hudson River on Wednesday to its new home aboard the Intrepid Sea, Air & Space Museum.

The prototype space shuttle rode a barge from Jersey City, N.J. to the ...

Opponents block Washington state gay marriage

OLYMPIA, Wash. — Washington's gay marriage law was blocked from taking effect Wednesday as opponents filed more than 200,000 signatures seeking a public vote on the issue in November.

Preserve Marriage Washington submitted the signatures just a day before the state was to begin allowing same-sex marriages. State officials will ...

Post offices, Ellis Island join endangered list

WASHINGTON — Hundreds of historic U.S. post offices nationwide face uncertain futures as the U.S. Postal Service downsizes, so preservationists on Wednesday added these American institutions to the list of the country's most endangered historic places.

Post offices will join the list of America's 11 Most Endangered Historic Places as ...

Bill Clinton becomes campaign attack dog

Eagle Forum - Wed, 2024-11-27 21:43
Bill Clinton has come out of retirement to campaign for Pres. Obama: WASHINGTON -- Former President Bill Clinton made fun of Rep. Allen West (R-Fla.) Monday night for saying that dozens of House Democrats are members of the Communist party. During a campaign event in New York City, Clinton praised President Barack Obama for stabilizing the economy and for health care reform, and noted that ObamaRogerhttp://www.blogger.com/profile/03474078324293158376noreply@blogger.com1

Hogue: GOP shouldn't get cocky over Wisconsin

CNN - Politics - Wed, 2024-11-27 21:43
Ilyse Hogue says after huge GOP spending push, Walker won, no doubt about it, but it's no rout of the left: Exit polls show most Wisconsin voters still strongly support unions, Obama.
Categories: CNN, Issues, Politics

KnoxNews.com: "Lawsuit filed over OR man's warrantless cavity search"

FourthAmendment.com - News - Wed, 2024-11-27 21:43

KnoxNews.com: Lawsuit filed over OR man's warrantless cavity search by Bob Fowler:

An Oak Ridge man who says he was forced in June 2011 to submit to a digital rectal exam for suspected drugs — and no drugs were found — has filed a lawsuit in Anderson County Circuit Court.

Wesley Antwan Gulley's legal action contends his constitutional rights were violated and he was subjected to false arrest and imprisonment, assault and battery and medical battery.

The lawsuit alleges Gulley was in shackles and reluctantly consented to the exam, but only after Dr. Michael A. LaPaglia ordered an injectable sedative and threatened to use it "in performing the digital rectal exam …"

The defendants used coercion and "undue influence" to force Gulley's consent, and police officers didn't have a warrant, it continues.

No drugs were found, and he was released after having been shackled for the ride to the hospital. It started because of a dog alert on a $20 bill in the car, which everyone in law enforcement should know by now (since it's been public knowledge for over 25 years) that virtually all currency that goes through money counting machines has microscopic traces of cocaine.

I normally don't include lawsuits because so many fail on qualified immunity or the merits of the Fourth Amendment claim. Based on the news article, this one states enough to get to trial. Forced warrantless digital exams are unreasonable even with probable cause, except for a convict in prison or a jail inmate, thanks to Florence.

h/t to a reader

CA10: Pulling off I-70 at ruse checkpoint signs at off-ramp is not reasonable suspicion; more required

FourthAmendment.com - News - Wed, 2024-11-27 21:43

Relying on Edmond, United States v. Yousif, 308 F.3d 820 (8th Cir. 2002), and United States v. Prokupek, 632 F.3d 460 (8th Cir. 2011), the Tenth Circuit holds that stopping cars that pulled off at an exit by ruse checkpoint was not based on reasonable suspicion. Pulling off was a factor in RS, but more is required. United States v. Neff, 10-3336 (10th Cir. June 5, 2012):

We agree with the Eighth Circuit that a driver's decision to use a rural highway exit after seeing drug checkpoint signs may serve as a valid, and indeed persuasive, factor in an officer's reasonable suspicion analysis. See, e.g., Carpenter, 462 F.3d at 987; United States v. Klinginsmith, 25 F.3d 1507, 1510 n.1 (10th Cir. 1994) (listing as one valid factor that "the defendants took an exit which was the first exit after a narcotics check lane sign, and an exit that was seldom used"). But standing alone, it is insufficient to justify even a brief investigatory detention of a vehicle. Here, of course, the government points to a number of other factors that the trooper relied on in forming reasonable suspicion, including: (1) Neff's car had a Shawnee County license plate but was driving in Wabaunsee County; (2) the exit was in a rural area without highway services such as restaurants or gas stations; (3) Neff pulled into a private driveway where he did not seem to have any reason to be; (4) Neff had a startled look on his face when he saw the trooper.

. . .

These facts, when taken together, do not fairly suggest that Neff was attempting to evade police. To be sure, an officer is “entitled to make an assessment of the situation in light of his specialized training and familiarity with the customs of the area’s inhabitants.” Arvizu, 534 U.S. at 276. But even considering the totality of the circumstances, Neff’s conduct conformed to the patterns of everyday travel. ...

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