news aggregator

McCain: Lack of US aid to Syrian rebels 'shameful'

AP - U.S. News - Mon, 2025-04-21 00:20
WASHINGTON (AP) -- Sen. John McCain says the lack of U.S. aid to Syrian rebels is "shameful," and that helping the opposition would be the biggest blow to Iran in 25 years....
Categories: Associated Press, News, US

UT: Defendant was let go after a stop in a store, and his Catch-22 that if he went to his car he be arrested is not the government's problem

FourthAmendment.com - News - Mon, 2025-04-21 00:20

Defendant and a companion were suspected of shoplifting in a Target store, and defendant was a suspected lookout for the other. Both had come and gone from the store repeatedly. When defendant was confronted in the store, there was reasonable suspicion, but he was frisked and told he was free to leave. The loss prevention people, however, were looking for the vehicle to see if shoplifted stuff was in it. Defendant was clearly free to leave, and his companion was already let go. “We acknowledge that this left Little in an unfortunate catch-22—if he stayed, the officers would ultimately discover the car; if he attempted to leave in the car, he would lead the officers to it; and if he left on foot, the officers would eventually find the car and arrest him later. However, this situation resulted from information the officers legally obtained in the course of the lawful investigatory detention, and the officers were not required to cease all investigation simply because they determined they could no longer legally detain Little.” So, there was a second encounter when he went to the car, and that didn't make the stop unreasonable. State v. Little, 2012 Utah App. LEXIS 175 (June 14, 2012).*

Catch-22 is the name of a novel. It should be capitalized, unless it is now in general use. Since copyrights are good for 70 years after the death of the author, I'd say not yet allowed for general use, but a lot of people do. Joseph Heller created it by his own genius. The value of the word and concept is undeniable, and I don't use it without thinking of the book, which I read twice in 1968.

M4 junction closure plan raised

BBC - News - Mon, 2025-04-21 00:20
Plans to improve a congested stretch of the M4 in Neath Port Talbot, which include closing junctions, look set to be discussed.
Categories: BBC, News

Iran, 6 powers both need success at nuclear talks

AP - World News - Mon, 2025-04-21 00:20
MOSCOW (AP) -- Iran and six world powers resume nuclear talks Monday no closer to progress than in previous rounds, and with the clock ticking on international diplomatic efforts to persuade Tehran to curb activities that could be used to make atomic arms....

Iran, 6 powers both need success at nuclear talks

AP - World News - Mon, 2025-04-21 00:20
MOSCOW (AP) -- Iran and six world powers resume nuclear talks Monday no closer to progress than in previous rounds, and with the clock ticking on international diplomatic efforts to persuade Tehran to curb activities that could be used to make atomic arms....

'No plans' to spy on postcards

BBC - News - Mon, 2025-04-21 00:20
The Home Office says it has no plans to use powers contained in its draft communications bill to store details of letters and postcards.
Categories: BBC, News

E.D.Tenn.: CI's falsity is not the affiant's under Franks

FourthAmendment.com - News - Mon, 2025-04-21 00:20

The informant’s false statement, comparing grand jury testimony with the affidavit for the search warrant, is not chargeable to the officer under Franks, so the motion is denied. United States v. Neal, 2012 U.S. Dist. LEXIS 81849 (E.D. Tenn. April 13, 2012).

A game warden received a call about unlawfully taking a deer by three people in a “whitish old Subaru car,” and that justified the stop when it was seen. United States v. Wilks, 2012 U.S. Dist. LEXIS 82165 (D. Mont. June 12, 2012).*

The USMJ’s findings of voluntary consent is adopted by the USDJ. There is no testimony except that the consent was voluntary. United States v. Talamante-Rodriguez, 2012 U.S. Dist. LEXIS 82009 (D. Ariz. June 12, 2012).*

Duchess sees children build camp

BBC - News - Mon, 2025-04-21 00:20
The Duchess of Cambridge joins children from inner-city backgrounds at an outdoor residential course in Kent.
Categories: BBC, News

Fall back on illness metaphor

Eagle Forum - Mon, 2025-04-21 00:20
NY Times columnist David Brooks writes: Democrats frequently ask me why the Republicans have become so extreme. As they describe the situation, they usually fall back on some sort of illness metaphor. Republicans have a mania. President Obama has said that Republicans have a “fever” that he hopes will break if he is re-elected. Brooks has become the spokesman for Republicans on the NY Times and Rogerhttp://www.blogger.com/profile/03474078324293158376noreply@blogger.com0

SF will meet Queen says ex-SF MLA

BBC - News - Mon, 2025-04-21 00:20
Former Sinn Fein MLA Billy Leonard says he believes Martin McGuinness will meet Queen when she visits Northern Ireland later this month.
Categories: BBC, News

Federer stunned by Haas in Halle

BBC - News - Mon, 2025-04-21 00:20
Germany wildcard Tommy Haas shocks 16-time Grand Slam champion Roger Federer to win the Gerry Weber Open in Halle.
Categories: BBC, News

More reform needed, says Spain PM

BBC - News - Mon, 2025-04-21 00:20
Spanish Prime Minister Mariano Rajoy says action is needed to make the economy "more flexible and competitive" after the IMF calls for wider reforms.
Categories: BBC, News

Diver dies following sea rescue

BBC - News - Mon, 2025-04-21 00:20
A diver dies after he and a companion are rescued from the sea off the Eyemouth coast in the Scottish Borders.
Categories: BBC, News

D.Me.: Multifaceted Franks challenge failed because none undermined PC; they could be questions for trial

FourthAmendment.com - News - Mon, 2025-04-21 00:20

Defendant was charged with internet stalking and identity theft for using a false name, and he raised a host of issues over the search warrants, all of which failed. The government did not violate curtilage by pulling into defendant’s driveway to view his house. The defendant lacks standing for the government’s viewing his neighbor’s wifi signal that defendant was accused of hacking. Defendant’s Franks issues are each an overstatement of the situation, and, even so, excluding what he complains of still leaves probable cause. “Most of the issues raised by the defendant are legitimate jury issues for the jury to consider in assessing whether or not the offender is guilty of the crime charged, but they do not meet the Franks standard for an evidentiary hearing on this warrant application.” None of the Franks challenges were material to the finding of probable cause. United States v. Sayer, 2012 U.S. Dist. LEXIS 82729 (D. Me. June 13, 2012).*

Moral here: Taking the court at face value, none of these Franks challenges were even close. Do you have the time to make a massive Franks challenge that's likely going to fail? Just because the client can pay enough fee to pursue it doesn't mean that you should. Put that time and energy into defending at trial. After all these years, my view of Franks has evolved into a rule of reason: Unless it just screams lie or negligent omission, you lose, so use it to attack the officer's credibility at trial, which is just what this court suggests, reading between the lines. But, even if it doesn't undermine the officer as an exaggeration, does it create a reasonable doubt?

Remember my Rule 1 of the Fourth Amendment: “There are no technicalities.” There used to be, but not anymore. Not in the last 20+ years.

GOP on health care: Repeal quickly, replace slowly

AP - U.S. News - Mon, 2025-04-21 00:20
WASHINGTON (AP) -- Congressional Republicans intend to seek quick repeal of any parts of the health care law that survive a widely anticipated Supreme Court ruling, but don't plan to push replacement measures until after the fall elections or perhaps 2013....
Categories: Associated Press, News, US

Deal discourages TV attack ads in Mass. Senate bid

AP - Politics - Mon, 2025-04-21 00:20
BOSTON (AP) -- In the tight Massachusetts Senate race, GOP incumbent Scott Brown has spent weeks questioning Democratic rival Elizabeth Warren's claim of Native American heritage, while Warren portrays Brown as a darling of Wall Street....

Deal discourages TV attack ads in Mass. Senate bid

AP - Politics - Mon, 2025-04-21 00:20
BOSTON (AP) -- In the tight Massachusetts Senate race, GOP incumbent Scott Brown has spent weeks questioning Democratic rival Elizabeth Warren's claim of Native American heritage, while Warren portrays Brown as a darling of Wall Street....

Deal discourages TV attack ads in Mass. Senate bid

AP - Politics - Mon, 2025-04-21 00:20
BOSTON (AP) -- In the tight Massachusetts Senate race, GOP incumbent Scott Brown has spent weeks questioning Democratic rival Elizabeth Warren's claim of Native American heritage, while Warren portrays Brown as a darling of Wall Street....
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