Issues

TN: Coaxing expanded third-party consent after entry and seeing other stuff was still voluntary

FourthAmendment.com - News - Thu, 2024-11-28 04:53

After the police entered with consent to seize ammunition, they saw other relevant stuff and they were able to “coax” an expanded consent with defendant’s wife, and it was effective. State v. Niles, 2012 Tenn. Crim. App. LEXIS 362 (June 1, 2012):

Although the record shows that Niles's wife initially objected to the detectives' attempts to seize the entire date planner and its contents and the computer, Niles's wife and the detectives were able to reach an acceptable compromise regarding these items. Niles's wife acknowledged at the suppression hearing that she consented to the detectives' photographing parts of the planner and seizing documents inside the planner. Although Niles's wife and William Niles testified that the detectives exceeded the scope of her consent, the trial court accredited the testimony of Detectives Crews and Merlo on that issue. As we have stated, "[q]uestions of credibility of the witnesses, the weight and value of the evidence, and resolution of conflicts in the evidence are matters entrusted to the trial judge as the trier of fact." See Odom, 928 S.W.2d at 23. Moreover, because the evidence from the computer and the letters between Niles and the victim were never admitted at trial, any issue regarding suppression of this evidence is moot. Accordingly, we conclude that the trial court did not err in denying Niles's motion to suppress.

John King: Edwards meets 'humbling' end

CNN - Politics - Thu, 2024-11-28 04:53
CNN's John King says that despite a meteoric rise, John Edwards' legal woes quickly grounded him.
Categories: CNN, Issues, Politics

LA5: Guns drawn during a stop not per se arrest

FourthAmendment.com - News - Thu, 2024-11-28 04:53

Officers stopped defendant with reasonable suspicion of drugs, and they blocked his car and approached with guns drawn. That was not a per se arrest. State v. Carter, 2012 La. App. LEXIS 769 (La. App. 5 Cir. May 31, 2012):

The vast majority of courts have held that police actions in blocking a suspect’s vehicle and approaching with weapons ready, and even drawn, does not constitute an arrest per se. United States v. Edwards, 53 F.3d 616, 619 (3rd Cir.1995). An investigatory stop necessarily involves an element of force or duress and the temporary restraint of a person's freedom. There is the complete restriction of movement in an investigatory stop, but for a shorter period of time than an arrest. [citing cases] Investigatory stops may be accompanied by features normally associated with an arrest, i.e., use of drawn weapons. An investigatory stop is reasonable even when the police block a vehicle to prevent its occupant from leaving and approach with weapons ready or even drawn. [citing cases] Because an officer's view of a suspect seated in a car is always partially obscured, the officer is at a disadvantage when he approaches the occupant. United States v. Edwards, 53 F.3d 616, 619 (3rd Cir.1995). Furthermore, guns and drugs frequently go hand-in-hand. State v. Warren, 05-2248, p. 18 (La.2/22/07), 949 So.2d 1215, 1229.

The juvenile was found on the street in a high crime area in violation of the curfew. He was patted down and a gun was found in his waistband. His sister testified that he was summoned from his porch and arrested. The juvenile court credited the officer’s version, and that’s the end of it. State in Interest of R.L., 2012 La. App. LEXIS 779 (La. App. 4 Cir. May 30, 2012).*

Eisenhower memorial moving forward

CNN - Politics - Thu, 2024-11-28 04:53
The Dwight D. Eisenhower Memorial Commission plans to vote on a controversial design for the memorial honoring the 34th U.S. president despite public objections from the Eisenhower family and members of Congress.
Categories: CNN, Issues, Politics

Attorney: George Zimmerman was confused, fearful

MIAMI — The former neighborhood watch leader charged with fatally shooting Trayvon Martin was confused and fearful when he and his wife misled court officials about their finances during an April bond hearing that allowed him to be released from jail, his attorney said Monday.

Attorney Mark O'Mara wrote on ...

E.D.Tex.: Dog's unproductive alert excluded under F.R.E. 403

FourthAmendment.com - News - Thu, 2024-11-28 04:53

The government proved the “well-trained” drug dog by training and certification and general lack of false positives sufficient for probable cause. However, the fact of an alert to a dresser in defendant’s house where no drugs were present is excluded from trial under F.R.E. 403 as more prejudicial than relevant. United States v. Pierre, 2012 U.S. Dist. LEXIS 76411 (E.D. Tex. May 10, 2012):

Here, the Court finds that any testimony about Bartje's alert on the dresser would confuse the issues and cause Defendant undue prejudice. In this case, the Government must prove that Defendant was involved in the distribution - not merely personal use - of cocaine and marijuana. Based on the testimony presented at the hearing, although Bartje's alert may have been reliable as an indicator that drugs were once present near the dresser, there is nothing about the alert that would show the amount of drugs that once were there, the amount of time that had passed since they were there, or the kind of drugs present. Any probative value Bartje's alert might have is outweighed by the risk that the alert was to an amount or type of drug not a part of the charged conspiracy and for a time period not within the charging indictment. Because the alert cannot define the who, what or when -- and because there is no possibility of examining or cross-examining Bartje as to the who, what or when of the alert -- any testimony about it would confuse the issues and unduly prejudice Defendant.

Alex Calls End to Diplomatic Immunity at Bilderberg

TruthNews.US - News - Thu, 2024-11-28 04:53
Infowars.com | Alex confronts police harrasing protestors, blocking them from crossing the driveway of hotel entrance, but won't do anything to known murders in-side confab.

Bilderberg 2012: guess who’s coming to dinner

TruthNews.US - News - Thu, 2024-11-28 04:53
London Guardian | In Charlie Skelton's latest, a surprise guest slips into Bilderberg, and gets a warm reception from the 'Golden Bullhorn'.

The Bilderberg Exodus

TruthNews.US - News - Thu, 2024-11-28 04:53
Infowars.com | On the final day at Bilderberg 2012 as the global elite were scurrying away Press For Truth captured exclusive footage of Bilderberg Steering Committee member Heather Reisman.

1.6 Trillion Dollars More Debt: Fiscal Conservatives Have Been Raped By The Republican Party

TruthNews.US - News - Thu, 2024-11-28 04:53
The American Dream | What the Republican Party has done to fiscal conservatives over the past year and a half has been a betrayal so vast that it is difficult to find words to describe it.

Politics and more at play in painful job numbers

Just when the American economy was looking like a global bright spot, a spate of bad news last week showed that the U.S. also has succumbed to a major slowdown — sending President Obama and his team scrambling to explain Friday's disappointing unemployment numbers.

"Nobody is happy with the rate ...

Is texting harming the art of interaction?

CHICAGO — Anna Schiferl hadn't even rolled out of bed when she reached for her cellphone and typed a text to her mom one recent Saturday. Mom was right downstairs in the kitchen. The text? Anna wanted cinnamon rolls for breakfast.

Soon after, the 13-year-old could hear Mom's voice echoing ...

WILLIAMS: Old phony regulations crimp financial innovations

ANALYSIS/OPINION:

Have you ever stopped to think about how the breakup of AT&T revolutionized the information and communications technology market? Most people probably haven't, but in 1984, the end of the regulated monopoly ushered in an era of unprecedented competition and innovation.

For those not familiar with the story, AT&T ...

Zimmerman back in custody after bail is revoked

MIAMI — George Zimmerman, the neighborhood watch volunteer charged with murder in the killing of Trayvon Martin, surrendered to police Sunday and was booked into jail after having his bail revoked two days earlier.

Mr. Zimmerman's legal team said in a tweet that he was in police custody. Mr. Zimmerman's ...

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