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NewsParties make final push for votesPolitical parties gear up for the final bout of campaigning for the local council elections in Wales, as an opinion poll suggests Labour could make gains.
Khawaja to continue hunger strikeThe imprisoned Bahraini human rights and political activist, Abdulhadi al-Khawaja, tells the BBC that he will continue his 84-day hunger strike.
CA4: Bailbondsmen have no qualified immunity for trespass and assaultA bailbondsman sued for assault and trespass was not entitled to a qualified immunity defense when he came into plaintiff’s home. He was sued under § 1983 because he had police officers with him. Gregg v. Ham, 2012 U.S. App. LEXIS 8696 (4th Cir. April 30, 2012)*: Applying the test articulated in Richardson [Richardson v. McKnight, 521 U.S. 399, 404 (1997)], we conclude that the history and policy behind the qualified immunity defense do not support extending it to bail bondsmen. First, there is no evidence that bail bondsmen have historically been afforded immunity for their actions. In fact, courts have rejected the notion that bail bondsmen act as an arm of the court or perform a public function. See, e.g., Ouzts v. Md. Nat'l Ins. Co., 505 F.2d 547, 554-55 (9th Cir. 1974) (rejecting the "strange thesis" that a bail bondsman is "an arm of the court"); Fitzpatrick v. Williams, 46 F.2d 40, 40 (5th Cir. 1931) ("The right of the surety to recapture his principal is not a matter of criminal procedure, but arises from the private undertaking implied in the furnishing of the bond."). Second, the policy justifications underlying qualified immunity do not apply to bail bondsmen. See generally Bailey v. Kenney, 791 F. Supp. 1511, 1523-25 (D. Kan. 1992) (concluding that "[w]ith respect to bail bondsmen, the court finds none of the compelling policy reasons that traditionally justify the availability of qualified immunity to state actors performing discretionary functions"). Courts have traditionally afforded qualified immunity to public officials because susceptibility to suit would distract them from performing their public functions, inhibit discretionary action, and deter desirable candidates from performing public service. See Harlow v. Fitzgerald, 457 U.S. 800, 816 (1982). There is no need, however, for qualified immunity to shield bondsmen from suit, as they are not entrusted with a public function. To the contrary, while the law certainly allows a bail bondsman to apprehend a fugitive, that right is exercised in tandem with the obligation of law enforcement to accomplish the same objective. See Bailey, 791 F. Supp. at 1524. Moreover, rather than operating in the interest of public service, the work of a bail bondsman is fueled primarily by a strong profit motive. See Richardson, 521 U.S. at 409-10 (highlighting the importance of "ordinary marketplace pressures"). Accordingly, even if bail bondsmen are entrusted with a public function, the economic incentives inherent in the system would "ensure an ample number of qualified persons willing to assume the occupational risks of apprehending fugitives." Bailey, 791 F. Supp. at 1524. In sum, neither history nor policy support extending the qualified immunity defense to bail bondsmen. Ham is therefore unable to show error, plain or otherwise, based on the district court's jury instruction on a defense to which he was not entitled. Man pleads guilty to manslaughterA Brookeborough man who admitted stabbing to death a former Fermanagh GAA player has his plea of guilty to manslaughter accepted by the prosecution.
Marriage breakdown 'is a scourge'Family breakdown is one of the "most destructive scourges" in modern UK society, says High Court Judge Sir Paul Coleridge as he launches a campaign to champion marriage.
Facebook in organ donation pushThe NHS and social networking site Facebook have joined forces in an attempt to increase the number of organs being donated.
Bin Laden said to have wanted Obama assassinatedWASHINGTON (AP) -- A former Obama administration official says al Qaida leader Osama bin Laden wanted to see President Barack Obama and Gen. David Petraeus assassinated....
VIDEO: Flood warnings after heavy rainParts of England are on high flood alert, with thousands of homes at risk following Britain's wettest April in over 100 years.
N.D.Ga.: In shooting call, protective sweep can go into atticOfficers responding to a shooting call were validly in the defendant’s residence. They did a protective sweep that extended into the attic, and it was valid. Guns and drugs were in plain view in the attic and seized. United States v. Cruz, 2012 U.S. Dist. LEXIS 59708 (N.D. Ga. March 19, 2012). The inventory of defendant’s car was proper because it was being towed because it would have been left blocking traffic. Defendant’s mother arrived after the inventory started, and the officer was not obliged to let her have it. [Although, I’m sure he could have, but the inventory would still have been valid up until then, like the withdrawn consent after something found.] State v. Pullen, 2012 Ohio 1858, 2012 Ohio App. LEXIS 1631 (2d Dist. April 27, 2012).* In a search warrant for child sexual exploitation with photographs on a camera, cell phone, or computer, the fact that the victim was referred to as a “juvenile” was enough for probable cause. It would have been better to have listed the DOB of the juvenile, but close enough for government work. The court also chides defense counsel for the lateness of the motion to suppress, but doesn’t rely on that because it invites an IAC claim. [Not to mention the government may not have quickly provided the search warrant materials; try getting them around here sometimes, especially if a state court issued the warrant and the feds are using it.] United States v. Gleaves, 2012 U.S. Dist. LEXIS 59508 (N.D. Iowa April 27, 2012).* Seven held over terror fundingSeven people have been arrested on suspicion of funding terrorism, the Metropolitan Police say.
Le Pen blow to Sarkozy's chancesFrench far-right leader Marine Le Pen vows to cast a blank vote in Sunday's presidential run-off, in a further setback for President Nicolas Sarkozy.
Afghans aim for the Kabul starsA campaign is being launched to take astronomy to Afghan children, drawing on the rich astronomical heritage of Islam.
MI6 'kept evidence' from policeMI6 failed to pass police a lot of Gareth Williams' belongings during the probe into his death, an inquest hears.
OH4: Consent not involuntary just because officer yelled at motorist to stay with car for safety reasonsThe trial court found a lack of consent in part because the officer yelled at the motorist to stay with the car, but the appellate court was not persuaded. Safety reasons need to be considered. State v. Miller, 2012 Ohio 1901, 2012 Ohio App. LEXIS 1659 (4th Dist. April 17, 2012)*: [*P28] After our review of the stipulated evidence submitted in the case sub juice, we disagree with the trial court's conclusion that the appellee did not voluntarily consent to the search. The trial court relied upon the following factors to determine that appellee did not consent: (1) the trooper ordered appellee to remain in the vehicle; (2) the trooper removed appellee from the vehicle; and (3) the trooper did not advise appellee of his right to refuse. With respect to the first of these factors, the trooper was entirely justified to order appellee to remain in the vehicle. As the United States Supreme Court has recognized, traffic stops carry inherent dangers and law enforcement officers are entitled to exercise authority over the driver and any passengers in order to maintain a sense of safety. See Arizona v. Johnson (2009), 555 U.S. 323, 330, 129 S.Ct. 781, 172 L.Ed.2d 694 (recognizing that "traffic stops are 'especially fraught with danger to police officers" and that "'"[t]he risk of harm to both the police and the occupants [of a stopped vehicle] is minimized *** if the officers routinely exercise unquestioned command of the situation."'") (internal quotations and citations omitted). Thus, the trooper's command that appellee remain in the vehicle does not constitute a coercive or threatening act. Chen's escape shames officials, but breaks no lawBEIJING (AP) -- Since blind Chinese activist Chen Guangcheng was being held under illegal house arrest, his only offense in escaping may have been to embarrass his captors - vengeful local officials bent on punishing him for exposing forced abortions....
Child sex PCSO facing jail termA judge warns a former police community support officer from Hull he faces a "significant" jail term for child sex offences.
Tzipi Livni resigns as Israeli MPIsrael's former foreign minister and opposition leader, Tzipi Livni, announces she is resigning from the country's parliament, the Knesset.
Roy Hodgson: Views from EuropePundits from continent give their Hodgson verdict
BBC News website wins Webby awardThe BBC News website picks up another award at the 16th Webbys while new entrants Pinterest, Google+ and Spotify get their first.
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