VoteKansas.org

Defendant was stopped for parking over a line, which was not even a violation of law. Because defendant appeared nervous, the officer frisked him for officer safety. The frisk was unlawful for a stop for something that wasn’t even an offense. Mistake of law will not support a stop. Gilmore v. State, 2012 Md. App. LEXIS 42 (April 25, 2012).

Plaintiff’s claim that her arrest was without probable cause or qualified immunity is sustained, and the district court properly granted summary judgment for her. That an arrest without probable cause is unconstitutional is well established. Merchant v. Bauer, 2012 U.S. App. LEXIS 8469 (4th Cir. April 26, 2012).*

Plans to put surface-to-air missiles on residential flats during the Olympics being considered by the MoD come to light in leaflets sent to residents on one estate.

Officials in South Sudan say China has agreed to loan it $8bn (£4.9bn) for major development projects, following a presidential visit to Beijing.

The campaign of French presidential frontrunner Francois Hollande called Saturday for a criminal investigation into President Nicolas Sarkozy after a media report accused the president of taking 50 million euros ($66.3 million) for his 2007 campaign from then-Libyan strongman Moammar Gadhafi.

Shooting the unarmed plaintiff drunk driver six times in the legs with SL6 polyurethane bullets for not getting out of her car fast enough was excessive force as a matter of law, and the jury verdict for the defendants is reversed. Phillips v. Community Ins. Corp., 2012 U.S. App. LEXIS 8582 (7th Cir. April 27, 2012) (2-1):

To determine whether a constitutional violation has occurred, we first evaluate the level of force used to arrest Phillips. The record establishes that the force exerted by an SL6 bullet is roughly comparable to a projectile from a bean-bag shotgun. Other courts of appeals have observed that baton launchers and similar "impact weapons" employ a substantially greater degree of force than other weapons categorized as "less lethal," such as pepper spray, tasers, or pain compliance techniques. In Deorle v. Rutherford, the Ninth Circuit considered a bean-bag shotgun projectile as "something akin to a rubber bullet." 272 F.3d 1272, 1280 (9th Cir. 2001). Deorle concluded that "the cloth-cased shot constitutes force which has the capability of causing serious injury, and in some instances does so." An officer provided expert testimony that a "Use of Force Continuum ... would list an impact weapon high on the schedule of force" and that "[i]t would be unreasonable for an officer to use an impact weapon on an unarmed person." Id. at 1280 & n.17 "Such force is much greater than that applied through the use of pepper spray ... or a painful compliance hold ...." Id. at 1279-80 (citations omitted); see also Thompson v. City of Chicago, 472 F.3d 444, 451 & nn.18-19 (7th Cir. 2006) (officer testimony regarding Chicago Police Department policies limiting use of "impact weapons" to "high-level, high-risk assailants" and describing such weapons as "unwarranted against a suspect resisting arrest" by punching and struggling); Mercado v. City of Orlando, 407 F.3d 1152, 1157 (11th Cir. 2005) (observing that the SL6 weapon "is classified as a 'less lethal' munition, [but that local] police regulations recognize that it can be used as a deadly weapon.").

Defendant's companion did not have the authority to consent to a search of his van after he gave her the keys for the limited purpose of checking on the dog and locking the van. State v. Kurokawa-Lasciak, 2012 Ore. App. LEXIS 521 (April 25, 2012), on remand from State v. Kurokawa-Lasciak, 351 Ore. 179, 263 P.3d 336 (2011):

Under these precepts, the consent issue in this case reduces to the question of whether defendant and Campbell had an understanding that Campbell had common access to and control of the van when she gave Bennett consent to search it. The trial court, relying on a federal case under the Fourth Amendment (United States v. Morales, 861 F2d 396 (3rd Cir 1988)), ruled that Campbell had authority to consent (although, as noted, the court also ruled that that consent was superseded by defendant's refusal). We do not find Morales helpful. The only issue in that case was whether a person who is the driver, but not the lessee, of a rental car, can consent to a search of the entire car, and the court based its decision on the fact that Morales, as the nonlessee driver, had immediate possession of and control over the car: "By giving Morales control over the car, [the actual lessee] conferred on Morales power to consent to a reasonable search of it." Id. at 399. No such delegation of control exists on the facts of this case. The only evidence that Campbell had control of defendant's van was the fact that he had given her the key. However, as we have previously held, mere possession of the key to premises does not necessarily indicate complete access or control. Fuller, 158 Ore. App at 506 (consenting co-occupant had key, but nonetheless lacked authority to consent to search of nightstand).

[Note: No cases on the Oregon court's website since February.]

CAIRO (AP) -- Egypt's military ruler said Wednesday he hopes that a "great leader" will emerge from the country's upcoming presidential election, and said it will be a free and fair vote that will reflect the will of the people....

CAIRO (AP) -- Faced with a choice between Hosni Mubarak's ex-prime minister and an Islamist candidate, Egyptians entered their latest round of elections in an atmosphere of suspicion, resignation and worry, voting in a presidential runoff that will mean the difference between installing a remnant of the old regime and bringing more Islam into government....

WASHINGTON (AP) -- Secret Service agents are often portrayed in popular culture as disciplined, unflappable, loyal - and male. A spiraling prostitution scandal that has highlighted the dearth of women in the agency that protects the president and dignitaries has many wondering: Would more females in the ranks prevent future dishonor?...

WASHINGTON (AP) -- Secret Service agents are often portrayed in popular culture as disciplined, unflappable, loyal - and male. A spiraling prostitution scandal that has highlighted the dearth of women in the agency that protects the president and dignitaries has many wondering: Would more females in the ranks prevent future dishonor?...

WASHINGTON (AP) -- Secret Service agents are often portrayed in popular culture as disciplined, unflappable, loyal - and male. A spiraling prostitution scandal that has highlighted the dearth of women in the agency that protects the president and dignitaries has many wondering: Would more females in the ranks prevent future dishonor?...

WASHINGTON (AP) -- Secret Service agents are often portrayed in popular culture as disciplined, unflappable, loyal - and male. A spiraling prostitution scandal that has highlighted the dearth of women in the agency that protects the president and dignitaries has many wondering: Would more females in the ranks prevent future dishonor?...

The Metropolitan Police charge a man with possession of a weapon, false imprisonment and making a bomb hoax after a siege in central London.

WASHINGTON (AP) -- Now that Mitt Romney has emerged as the likely GOP presidential nominee, congressional Republicans increasingly are taking their cues from him even if it causes heartburn and grumbling among conservatives unhappy about having to beat a tactical retreat....

WASHINGTON (AP) -- Now that Mitt Romney has emerged as the likely GOP presidential nominee, congressional Republicans increasingly are taking their cues from him even if it causes heartburn and grumbling among conservatives unhappy about having to beat a tactical retreat....

WASHINGTON (AP) -- Now that Mitt Romney has emerged as the likely GOP presidential nominee, congressional Republicans increasingly are taking their cues from him even if it causes heartburn and grumbling among conservatives unhappy about having to beat a tactical retreat....

WASHINGTON (AP) -- Now that Mitt Romney has emerged as the likely GOP presidential nominee, congressional Republicans increasingly are taking their cues from him even if it causes heartburn and grumbling among conservatives unhappy about having to beat a tactical retreat....

Oregon’s warrantless eavesdropping requirement to record a CI and his target requires exigency and probable cause. State v. Miskell, 2012 Ore. LEXIS 269 (April 26, 2012),* revg 239 Or. App. 629, 246 P.3d 755 (2010):

Another aspect of the provision's wording supports defendant's contention that the legislature had in mind the well-known constitutional doctrine of exigent circumstances that obviate the need for a warrant. Law enforcement officers who wish to proceed without a court order under ORS 133.726(7)(b) must be able not only to point to "circumstances of such exigency that it would be unreasonable to obtain a court order," but also must have "probable cause to believe that [the person whose communication is to be intercepted] has committed, is engaged in committing or is about to commit" a felony. The phrase "probable cause" inescapably alludes to a specialized legal concept associated with the constitutional prohibition (in both the Oregon and United States constitutions) against unreasonable searches and seizures, and its use in ORS 133.726(7)(b) appears to confirm that the entir provision, including the "exigency" wording, was intended as a reference to the familiar "probable cause plus exigent circumstances" exception to the warrant requirement. See, e.g., State v. Meharry, 342 Or 173, 177, 149 P3d 1155 (2006) (warrantless search permitted if police could show probable cause and exigent circumstances).

Detroit Tigers outfielder Delmon Young has been released on $5,000 bail after he was arrested in Manhattan and charged with aggravated harassment after a dispute with another man.

WASHINGTON (AP) -- President Barack Obama mocked Donald Trump's White House ambitions in biting remarks at last year's White House Correspondents' Association dinner....