Issues

Would picking Rubio for VP be an insult to Hispanics?

CNN - Politics - Wed, 2024-11-27 22:31
Ana Navarro says an Obama adviser was wrong to pre-emptively criticize the possible selection of Marco Rubio for VP
Categories: CNN, Issues, Politics

Police: Newly found body parts sent from Montreal

TORONTO — Body parts mailed to two Vancouver schools were mailed from Montreal and are thought to be linked to the killing and dismemberment of a Chinese student, police said Wednesday, as the Canadian porn actor suspected in the case awaited extradition after his arrest in Germany.

Montreal Police Cmdr. ...

N.J. Muslims file federal suit to stop NYPD spying

WASHINGTON — Eight Muslims filed a federal lawsuit Wednesday in New Jersey to force the New York Police Department to end its surveillance and other intelligence-gathering practices targeting Muslims in the years after the 2001 terrorist attacks. The lawsuit alleged that the police activities were unconstitutional because they focused on ...

Guard rescued at S.C. prison; officers control unit

COLUMBIA, S.C. (AP) — A guard held hostage at a South Carolina high security prison was rescued early Wednesday after a standoff of more than six hours in the prison's most secure unit, a corrections department spokesman said.

The officer was rescued and prison officials regained control of the building around ...

EPA's Armendariz of 'crucify' pledge a hearing no-show

House Republicans will have to wait for their chance to question former top Environmental Protection Agency official Al Armendariz, who became notorious for his pledge to "crucify" oil and gas companies in order to set a regulatory example.

Mr. Armendariz, who resigned in late April as head of the agency's ...

Walker's win bolsters tea party, weakens Dems

CNN - Politics - Wed, 2024-11-27 22:31
Bill Bennett says taxpayers in Wisconsin affirmed Gov. Scott Walker's reforms and put an end to the state's unholy alliance between big government and big labor
Categories: CNN, Issues, Politics

12-person jury, alternate chosen in Sandusky case

BELLEFONTE, Pa. (AP) — A jury was selected Wednesday in the child molestation scandal that brought down Joe Paterno, and the makeup of the panel left no doubt that this is Penn State country.

The seven women and five men who will hear opening statements on Monday in the case ...

School Censors Lee Greenwood's Famous Song

Eagle Forum - Wed, 2024-11-27 22:31
Most Americans are familiar with, and enjoy hearing, Lee Greenwood's patriotic song that includes the famous line "God bless the U.S.A." The Greenwood song had been scheduled to be sung by the kids at an assembly at Stall Brook Elementary School in Bellingham, Massachusetts. The school administrators decided to censor God out of the song and replace Him with "We love the U.S.A." This is Phyllis Schlaflyhttp://www.blogger.com/profile/11930380089191812969noreply@blogger.com1

CA10: “[I]t is not clear that individuals have a constitutional right to a reasonable post-arrest investigation.”

FourthAmendment.com - News - Wed, 2024-11-27 22:31

Plaintiff was arrested and detained for 224 days for a sexual assault charge that was ultimately dismissed. He had a prosthetic lower leg and had prostate surgery that made it impossible for him to ejaculate, two things not mentioned anywhere in the investigation. “[I]t is not clear that individuals have a constitutional right to a reasonable post-arrest investigation.” Barham v. Town of Greybull Wyo., 2012 U.S. App. LEXIS 11306 (10th Cir. June 5, 2012)*:

We turn next to Plaintiff's argument that his constitutional rights were violated by his 224-day detention on charges that were later dismissed. He contends there were problems with the alleged victims' stories, particularly relating to Plaintiff's inability to ejaculate semen, and he argues a reasonable law enforcement officer would have investigated these problems and attempted to obtain Plaintiff's release earlier. As we stated in Romero, it is not clear that individuals have a constitutional right to a reasonable post-arrest investigation. See Romero, 45 F.3d at 1478. To the extent there is such a right, it must be based on "facts that, at a minimum, demonstrate Defendants acted with deliberate or reckless intent." Id. After thoroughly reviewing the record, we conclude that the officers' post-arrest investigation was, at most, negligent. Thus, Plaintiff has not shown the officers' conduct during his detention violated any potential constitutional right to a reasonable post-arrest investigation.

E.D.N.Y.: Plaintiff can amend complaint to allege strip search at station house

FourthAmendment.com - News - Wed, 2024-11-27 22:31

Plaintiffs’ strip search claim on arrest without booking permitted on motion to amend; it was not futile. Sorrell v. Inc. Vill. of Lynbrook, 2012 U.S. Dist. LEXIS 77303 (E.D. N.Y. June 4, 2012).*

There was probable cause for defendant’s arrest for murder for hire by payment of a snowmobile. State v. Santiago, 2012 Conn. LEXIS 218 (May 29, 2012).*

In litigation over a 1991 search warrant in 2012, the seizure under the search warrant was somewhat excessive, but it was not reason to suppress the whole search under Andersen. United States v. Persico, 2012 U.S. Dist. LEXIS 77298 (E.D. N.Y. June 1, 2012).*

Michelle Obama reads Letterman's Top Ten

CNN - Politics - Wed, 2024-11-27 22:31
First lady Michelle Obama reads David Letterman's Top Ten List about gardening.
Categories: CNN, Issues, Politics

Union members upset over Walker victory

CNN - Politics - Wed, 2024-11-27 22:31
Wisconsin Gov. Scott Walker's recall victory is a blow for unions. CNN's Ted Rowlands reports.
Categories: CNN, Issues, Politics

Woman slaps Barrett

CNN - Politics - Wed, 2024-11-27 22:31
Milwaukee Mayor Tom Barrett was slapped in the face while greeting supporters after his losing bid for governor.
Categories: CNN, Issues, Politics

Lawmakers concerned about leaks

CNN - Politics - Wed, 2024-11-27 22:31
Top senators are calling for a hearing on the "continuing leaks of classified information" allegedly from the White House after a recent media report detailed a U.S. cyber warfare targeting Iran's nuclear facilities.
Categories: CNN, Issues, Politics

VA: Drivers' license checkpoint constitutional

FourthAmendment.com - News - Wed, 2024-11-27 22:31

A “checkpoint,” without hardly tell us what for, was valid where it snared the defendant, an habitual driving offender with no license. Desposito v. Commonwealth, 2012 Va. App. LEXIS 185 (June 5, 2012):

Appellant's challenge to the validity of the checkpoint is limited to two points: (1) the supervisor's direction that the checkpoint should be conducted "during the lunchtime" leaves the officers with unbridled discretion as to the time of operation; and (2) the plan is flawed because while it requires a 30-minute minimum operational duration, the plan does not establish a maximum time, thus allowing the officers at the checkpoint to determine the duration of the operation. These omissions, appellant contends, render the checkpoint constitutionally unsound, thus violating his Fourth Amendment rights.

"As a preliminary matter, checkpoints with the primary objective of enforcing safety requirements are constitutional." Wright v. Commonwealth, 52 Va. App. 263, 268, 663 S.E.2d 108, 111 (2008) (citing Delaware v. Prouse, 440 U.S. 648, 658 (1979)); see also Palmer v. Commonwealth, 36 Va. App. 169, 172, 549 S.E.2d 29, 30 (2001) (holding the purpose of a checkpoint was valid when officers stopped vehicles to look for "any violations on the vehicles, such as drivers' license, equipment, [or] inspection").

. . .

The reasonableness of such seizures, which are less intrusive than a traditional arrest, depends "on a balance between the public interest and the individual's right to personal security free from arbitrary interference by law officers." Brown v. Texas, 443 U.S. 47, 50-51 (1979) (citing Pennsylvania v. Mimms, 434 U.S. 106, 109 (1977)). In considering the constitutionality of these seizures on appeal, we must weigh "the gravity of the public concerns served by the seizure, the degree to which the seizure advances the public interest, and the severity of the interference with individual liberty." Id. at 51.

What is the public interest in stopping everybody to look for a driver's license? Bank robbers, kidnapers [Brinegar v. United States, 338 U.S. 160, 183 (1949) (Jackson, J., dissenting)], DUIs? Yes. General crime control, no. I just cannot accept that a driver's license checkpoint is constitutional under Edmund or Sitz. And, yes, Prouse was decided in 1979, and its throwaway reference to driver's license checkpoints was wrong then and its still wrong. If SCOTUS is concerned about "it could happen to us," then they might now agree. To quote "Ferris Bueller's Day Off," "Uh, what country do you think this is?" American highways are not constitution free zones.

Please, somebody, take this up.

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