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news aggregatorDeal discourages TV attack ads in Mass. Senate bidBOSTON (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 bidBOSTON (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 bidBOSTON (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 bidBOSTON (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....
Greene: Will 'showrooming' kill retail?FA will contest Uefa fans chargeThe Football Association will challenge Uefa over the charge relating to England fans' behaviour during the win against Sweden.
Swiss voters say no to yet more referendumsGENEVA (AP) -- Swiss voters decided on Sunday that they have enough democracy already, dealing a heavy defeat to a proposal to hold more referendums on international treaties....
Lorenzo claims British GP victoryJorge Lorenzo wins the British MotoGP at Silverstone, while Cal Crutchlow comes sixth despite racing with a broken ankle.
Rooney 'happy and ready' to playEngland striker Wayne Rooney says he has no problems with his attitude or temperament ahead of the match with Ukraine on Tuesday.
W.D.Ky. provides good example of a defense failure of proof on guest standingThe defense failed to show guest standing at the hearing, and the court is left with speculation on critical facts. United States v. Wix, 2012 U.S. Dist. LEXIS 81871 (W.D. Ky. June 13, 2012)*: In the context of guests in a residence, the Sixth Circuit has broadly interpreted the Fourth Amendment's protections. Overnight guests staying in a residence's common area have standing to challenge a police intrusion and search. See United States v. Pollard, 215 F.3d 643, 647 (6th Cir. 2000) (privacy interest existed for occasional overnight guest who was allowed to stay in residence alone and kept personal belongs in closet). Non-overnight guests have also been permitted to challenge the search of personal items kept in a third-party's residence. United States v. Washington, 573 F.3d 279, 283 (6th Cir. 2009) (citing United States v. Waller, 426 F.3d 838, 844 (6th Cir. 2005)). Suffice it to say, the appeals court has "generously" interpreted the reach of the Fourth Amendment as it pertains to temporary residents of a dwelling. See id. Nevertheless, this generosity does not arise without some measure of proof by a defendant. Whether an informal sleeping arrangement creates a reasonable expectation of privacy naturally begets a fact-dominated inquiry for a court. Criminal defendants hoping to establish Fourth Amendment standing offer a variety of evidence to show a reasonable expectation of privacy. Factors that courts have considered include how often the defendant stayed in the dwelling, e.g., United States v. Love, 70 F.3d 116, at *4 [published in full-text format at 1995 U.S. App. LEXIS 35493] (6th Cir. 1995) (table) (defendant did not have expectation of privacy in mother's house as he was not an overnight guest and had moved out six months before the search), whether the defendant maintained personal belongings in the residence, e.g., United States v. Robertson, 297 F. App'x 722, 726 (10th Cir. 2008) (defendant had no reasonable expectation of privacy when hotel room was not registered in his name and "no personal items indicating an overnight stay were present"), whether the defendant provided any sort of remuneration for the privilege of staying there, e.g., United States v. McRae, 156 F.3d 708, 711 (6th Cir. 1998) (no expectation of privacy where defendant was squatting in building and did not pay rent to the owners of the structure), or whether the defendant could come and go freely, e.g., United States v. Davis, 932 F.2d 752, 756-57 (9th Cir. 1991) (where defendant had key to apartment, could come and go freely, and stored items in an apartment, he had a reasonable expectation of privacy). Too many questions exist to accurately measure Defendants' legitimate expectation of privacy in the mobile home. How often did Defendants spend the night in the mobile home and on the Property? The Court cannot possibly measure with any accuracy the subjective statement of Dozier that Wix and she stayed there "a lot." When was the last time Dozier and Wix were guests in the mobile home? Dozier admitted during her testimony that she did not spend the previous night in the trailer and the Court does not have additional information on the subject. Did Defendants have permission to stay there from the owner, Clifford Wix? It may be safe to assume so, but no direct evidence on this point was presented during either hearing. Were there any personal belongings of Defendants in the mobile home? Dozier did not offer any proof on this matter and Wix's silence is impossible to measure. Were Defendants providing Clifford Wix some sort of compensation to stay in the mobile home? Again, there is a deficiency in the record on this issue. Did Defendants have a key to mobile home and could they come and go without first obtaining permission from Clifford Wix? No relevant information was offered in this regard. The only verifiable information about which the Court can be sure is Defendants did not own the mobile home and they did not stay there the night before the police raided the Property. 1 HR, DN 41 p. 9-10. Defendants undoubtedly possessed some connection to the mobile home. However, "the act of staying overnight at a third party residence does not automatically entitle a defendant to the protections of the Fourth Amendment." United States v. Hunt, No. 2:07-CR-284-WKW, 2008 U.S. Dist. LEXIS 111768, 2008 WL 4080770, at *3 (M.D. Ala. Sept. 3, 2008). The evidence Defendants submitted to the Court falls short of establishing an expectation of privacy in the mobile home. For the Court to find otherwise would be to apply guesswork and conjecture to the present record. Accordingly, Defendants' motion to suppress is improper. Standing is the defense burden, and they simply failed to adequately pursue it, maybe believing labeling the defendants as "guests" was enough to carry them through the hearing, but it's not. Leftists poised for victory in French electionsPARIS (AP) -- French voters are choosing a new parliament Sunday that will determine how far Socialist President Francois Hollande can push for economic stimulus in France and around a debt-burdened, stagnant Europe....
4 presumed dead after avalanche on Mount McKinleyHitoshi Ogi was tied last in a line of five Japanese climbers making their way down one of the world's most dangerous mountains when an avalanche struck....
4 presumed dead after avalanche on Mount McKinleyHitoshi Ogi was tied last in a line of five Japanese climbers making their way down one of the world's most dangerous mountains when an avalanche struck....
Obama's "Stop Rubio" Plan?Is Obama's recent Illegal Immigration order a move to prevent Marco Rubio from becoming Mitt Romney's pick for vice-president? Conservatives were already 50/50 on Marco Rubio's version of the Dream Act, but Rubio has remained on the top of most polls when it comes to become the GOP vice-presidential nominee. (Read Potential VP Selections). ). Though details of Rubio's plan are not fully completed, the Obama move is at least somewhat similar to Rubio's version. Obviously, if Rubio is the pick that leaves an opening for Obama to point out that his policy would basically do what Rubio wants to do, so how can it be that bad? The timing of this release seems to suggest that Obama does not want Rubio as the VP pick and is hoping this prevents that from happening. After all, why drop this bombshell this early when excitement over it will certainly fade by election time? On the other hand, the move could backfire. If Marco Rubio releases his plan and it is acceptable to conservatives, he could actually use the Obama order as a stepping stone to passing that law over the left's full-blown amnesty version. While liberals have dismissed Rubio's outline, it would be much harder to do now that Obama has essentially embraced a certain portion of it. *Read Complete Analysis of Obama's Illegal Immigration Move Photo Source: Chip Somodevilla - Getty Images News Obama's "Stop Rubio" Plan? originally appeared on About.com Conservative Politics: U.S. on Sunday, June 17th, 2012 at 12:34:56. Categories: About.com, Conservative
SPL replaces Gers with 'Club 12''Club 12' will replace Rangers in the Scottish Premier League fixture list when it is published on Monday morning.
Beach death man 'was assaulted'A man found dead on Blackpool beach died from injuries sustained in an assault, a post-mortem test finds.
Suu Kyi to make bittersweet return to OxfordLONDON (AP) -- Before Aung San Suu Kyi was a prisoner of conscience and a political icon, she inhabited a world of children's birthday parties, university libraries and bicycle-filled English suburbs....
Suu Kyi to make bittersweet return to OxfordLONDON (AP) -- Before Aung San Suu Kyi was a prisoner of conscience and a political icon, she inhabited a world of children's birthday parties, university libraries and bicycle-filled English suburbs....
Heavy focus on news shows in White House race adsRICHMOND, Va. (AP) -- "Tell President Obama: Stop the spending," screams an ad running during the broadcast of NBC's "Today" show in central Virginia. At a break during ABC's "The View," Mitt Romney is praised in a different spot for his "strong leadership."...
Heavy focus on news shows in White House race adsRICHMOND, Va. (AP) -- "Tell President Obama: Stop the spending," screams an ad running during the broadcast of NBC's "Today" show in central Virginia. At a break during ABC's "The View," Mitt Romney is praised in a different spot for his "strong leadership."...
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