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USCA6: Police officer's arrest of defendant outside of jurisdiction irrelevant under Fourth AmendmentDefendant fled at high speed across city boundaries from Cleveland to Lakewood City, and officers from the latter actually arrested him. Jurisdictional limits on police officers are irrelevant for Fourth Amendment purposes. United States v. King, 2012 U.S. App. LEXIS 5407, 2012 FED App. 0270N (6th Cir. March 12, 2012). A drug dog was called at the conclusion of the traffic stop, and it took 50 minutes to arrive. Since there was reasonable suspicion, this did not unreasonably extend the stop. Federal cases have permitted such detentions for longer. United States v. Adams, 2012 CCA LEXIS 87 (N.-M. Ct. App. March 15, 2012).* Pro se defendant didn’t file a motion to suppress, so he couldn’t challenge the search on appeal. State v. Henderson, 2012 Ohio 1040, 2012 Ohio App. LEXIS 930 (8th Dist. March 15, 2012). NY4: Buccal swab for DNA requires a court order without consentBuccal swab for DNA requires a court order if defendant doesn’t consent. People v Smith, 2012 N.Y. App. Div. LEXIS 1983, 2012 NY Slip Op 1896 (4th Dept. March 16, 2012): An order compelling an individual to provide corporeal evidence, such as blood or saliva for DNA analysis, constitutes a search and seizure within the meaning of the Fourth Amendment (see Skinner v Railway Labor Executives' Assn., 489 U.S. 602, 618; Schmerber v California, 384 U.S. 757, 767; Matter of Abe A., 56 NY2d 288, 295). Although no New York statute expressly authorizes courts to compel uncharged suspects to supply a DNA sample (see Abe A., 56 NY2d at 293-294; cf. CPL 240.40 [2]), the Court of Appeals has held that a court may issue an order to obtain a blood sample from a suspect so long as the People establish: "(1) probable cause to believe the suspect has committed the crime, (2) a clear indication' that relevant material evidence will be found, and (3) the method used to secure it is safe and reliable. In addition, the issuing court must weigh the seriousness of the crime, the importance of the evidence to the investigation and the unavailability of less intrusive means of obtaining it, on the one hand, against concern for the suspect's constitutional right to be free from bodily intrusion on the other. Only if this stringent standard is met ... may the intrusion be sustained" (Abe A., 56 NY2d at 291). Here, the court determined that the People satisfied the requirements of Abe A. set forth above, and defendant does not expressly challenge that determination. Rather, defendant contends that (1) he was denied due process because the second order compelling defendant to provide a buccal swab was not made upon notice to him; and (2) the method of collecting the swab, i.e., the use of the taser, was excessive and objectively unreasonable. We agree with defendant on both counts, and thus that reversal is required. US Census covering Great Depression to be releasedNEW YORK (AP) -- It was a decade when tens of millions of people in the U.S. experienced mass unemployment and social upheaval as the nation clawed its way out of the Great Depression and rumblings of global war were heard from abroad....
Study of 'meth babies' finds behavior problemsCHICAGO (AP) -- The first study to look at methamphetamine's potential lasting effects on children whose mothers used it in pregnancy finds these kids at higher risk for behavior problems than other children....
Study of 'meth babies' finds behavior problemsCHICAGO (AP) -- The first study to look at methamphetamine's potential lasting effects on children whose mothers used it in pregnancy finds these kids at higher risk for behavior problems than other children....
Report: US makes modest gains in graduation rateHAGERSTOWN, Md. (AP) -- The last straw for 17-year-old Alton Burke was a note left on his door. The high school dropout picked up the phone and re-enrolled at South Hagerstown High....
GOP voters' passion uneven for Romney, SantorumWASHINGTON (AP) -- Mitt Romney may lead in delegates and Rick Santorum might have momentum, but neither of the two leading Republican presidential candidates is having an easy time exciting even his own voters....
Lawyer prepares to meet Afghan killings suspectSEATTLE (AP) -- A Seattle defense attorney prepared to meet Monday with Army Staff Sgt. Robert Bales, who is facing formal charges in an attack on two slumbering Afghan villages that left 16 people dead, including nine children....
Lawyer prepares to meet Afghan killings suspectSEATTLE (AP) -- A Seattle defense attorney prepared to meet Monday with Army Staff Sgt. Robert Bales, who is facing formal charges in an attack on two slumbering Afghan villages that left 16 people dead, including nine children....
SD: GPS required warrant under JonesPlacing a GPS on defendant’s car to track him for 26 days violated defendant’s reasonable expectation of privacy and required a search warrant under Jones and relying on its lower court decision in Maynard. State v. Zahn, 2012 SD 19, 2012 S.D. LEXIS 19 (March 14, 2012): [*P22] In this case, the State argues that Zahn could not have had a subjective expectation of privacy in his movements because he voluntarily exposed his movements to the public. We disagree. While a reasonable person understands that his movements on a single journey are conveyed to the public, he expects that those individual movements will remain "disconnected and anonymous." Maynard, 615 F.3d at 563 (citation omitted). Indeed, the likelihood that another person would observe the whole of Zahn's movements for nearly a month "is not just remote, it is essentially nil." Id. at 560. The prolonged use of a GPS device in this case enabled officers to determine Zahn's speed, time, direction, and geographic location within five to ten feet at any time. It also enabled officers to use the sum of the recorded information to discover patterns in the whole of Zahn's movements for twenty-six days. The prolonged GPS surveillance of Zahn's vehicle revealed more than just the movements of the vehicle on public roads; it revealed an intimate picture of Zahn's life and habits. We thus believe that Zahn had a subjective expectation of privacy in the whole of his movements. This subjective expectation of privacy was not defeated because Zahn's individual movements were exposed to the public. . . . [*P31] We thus hold that the attachment and use of a GPS device to monitor an individual's activities over an extended period of time requires a search warrant. Because the unfettered use of surveillance technology could fundamentally alter the relationship between our government and its citizens, we require oversight by a neutral magistrate. Wright, 2010 S.D. 91, ¶ 9, 791 N.W.2d at 794 (quoting Thunder, 2010 S.D. 3, ¶ 13, 777 N.W.2d at 378). Thus, the warrantless attachment and use of the GPS device to monitor Zahn's activities for nearly a month was unlawful, and the evidence obtained through the use of the GPS device should be suppressed. [*P32] By our holding today, we do not deny police the ability to use this valuable law enforcement tool. We recognize that police must be allowed to use developing technology in the "often competitive enterprise of ferreting out crime." Sweedland, 2006 S.D. 77, ¶ 22, 721 N.W.2d at 415 (quoting Illinois v. Gates, 462 U.S. 213, 240, 103 S. Ct. 2317, 2333, 76 L. Ed. 2d 527 (1983)). The Fourth Amendment "cannot sensibly be read to mean that police [should] be no more efficient in the twenty-first century than they were in the eighteenth" century. United States v. Garcia, 474 F.3d 994, 998 (7th Cir. 2007), cert. denied, 552 U.S. 883 (2007). But police must obtain a warrant before they attach and use a GPS device to monitor an individual's activities over an extended period of time. America's addiction to war and madness, 3-19-12America's addiction to war and madness, 3-19-12
SF sheriff faces sentencing for false imprisonmentSAN FRANCISCO (AP) -- Embattled San Francisco Sheriff Ross Mirkarimi faces sentenced for false imprisonment in a closely watched domestic violence case involving his Venezuelan actress wife, in a dramatic saga that has gripped his city for nearly three months....
Wildfire nearly contained, evac lifted for CO townWRAY, Colo. (AP) -- Authorities lifted an evacuation order for a Colorado town of 300 late Sunday night after firefighters contained most of a wildfire on the state's northeastern plains....
US Census covering Great Depression to be releasedNEW YORK (AP) -- It was a decade when tens of millions of people in the U.S. experienced mass unemployment and social upheaval as the nation clawed its way out of the Great Depression and rumblings of global war were heard from abroad....
NYC activists reflect on Occupy's directionNEW YORK (AP) -- Occupy Wall Street protesters anticipate that with the coming of spring their movement for economic justice will pick up momentum, making priorities of issues as varied as the environment and the November elections....
NYC activists reflect on Occupy's directionNEW YORK (AP) -- Occupy Wall Street protesters anticipate that with the coming of spring their movement for economic justice will pick up momentum, making priorities of issues as varied as the environment and the November elections....
NYC activists reflect on Occupy's directionNEW YORK (AP) -- Occupy Wall Street protesters anticipate that with the coming of spring their movement for economic justice will pick up momentum, making priorities of issues as varied as the environment and the November elections....
Missing balloon pilot saved others before crashingFITZGERALD, Ga. (AP) -- Authorities searched Sunday for a hot air balloon pilot from North Carolina who went missing in the South Georgia woods when his balloon crashed during a weekend thunderstorm....
Missing balloon pilot saved others before crashingFITZGERALD, Ga. (AP) -- Authorities searched Sunday for a hot air balloon pilot from North Carolina who went missing in the South Georgia woods when his balloon crashed during a weekend thunderstorm....
Missing balloon pilot saved others before crashingFITZGERALD, Ga. (AP) -- Authorities searched Sunday for a hot air balloon pilot from North Carolina who went missing in the South Georgia woods when his balloon crashed during a weekend thunderstorm....
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