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George Zimmerman's defense team requested that the judge assigned to the Trayvon Martin case be removed because her husband works with a CNN legal analyst.

The Free Speech Coalition’s case against the Attorney General for searches under pornography manufacturer’s recordkeeping requirements under 28 U.S.C. § 2257 stated a First and Fourth Amendment claim because of unannounced FBI visits to search records. On remand, the district court should consider the trespass implications ofJones. Free Speech Coalition Inc. v. Attorney General of the United States, 2012 U.S. App. LEXIS 7543 (3d Cir. April 16, 2012):

There are two ways in which the government’s conduct may constitute a “search” implicating the Fourth Amendment. First, a Fourth Amendment search occurs when “the person invoking its protection can claim a justifiable, a reasonable, or a legitimate expectation of privacy that has been invaded by government action.” Smith v. Maryland, 442 U.S. 735, 740 (1979) (citations and quotation marks omitted); see also Kyllo v. United States, 533 U.S. 27, 32-33 (2001) (“[A] Fourth Amendment search occurs when the government violates a subjective expectation of privacy that society recognizes as reasonable.”); Katz v. United States, 389 U.S. 347, 353 (1967) (“The Government’s activities in electronically listening to and recording the petitioner’s words violated the privacy upon which he justifiably relied ... and thus constituted a ‘search and seizure’ within the meaning of the Fourth Amendment.”). Determining whether one’s expectation of privacy is justifiable involves two separate inquiries: (1) whether the individual demonstrated an actual or subjective expectation of privacy in the subject of the search or seizure; and (2) whether this expectation of privacy is objectively justifiable under the circumstances. Smith, 442 U.S. at 740 (quotation marks omitted); Katz, 389 U.S. at 361 (Harlan, J., concurring); United States v. Ferri, 778 F.2d 985, 994 (3d Cir. 1985).

Second, as the Supreme Court’s recent decision in Jones makes clear, a Fourth Amendment search also occurs where the government unlawfully, physically occupies private property for the purpose of obtaining information. See 132 S. Ct. at 949-52 (stating that the reasonable-expectation-of-privacy test set forth in Katz was “added to, not substituted for, the common-law trespassory test”) (emphasis in original). Under this analysis, we must determine whether the government committed common-law trespass when obtaining the information. See Jones, 132 S. Ct. at 949-52; see also Rakas v. Illinois, 439 U.S. 128, 143 (1978) (explaining the common-law-trespass test employed prior to Katz). If such a trespass occurs, then the government’s actions constitute a search implicating the Fourth Amendment. See Jones, 132 S. Ct. at 949-52.

Here, the District Court erred in dismissing Plaintiffs’ Fourth Amendment claim, as sought to be amended. Courts generally must consider the concrete factual context when determining the constitutional validity of a warrantless search. See Sibron v. New York, 392 U.S. 40, 59 (1968) (declining to hold whether a particular statute was facially invalid under the Fourth Amendment because the “constitutional validity of a warrantless search is pre-eminently the sort of question which can only be decided in the concrete factual context of the individual case”); United States ex rel. McArthur v. Rundle, 402 F.2d 701, 704-05 (3d Cir. 1968) (stating that in the case of warrantless searches, courts are required to consider the concrete factual context); see also United States v. $291,828.00 in United States Currency, 536 F.3d 1234, 1238 (11th Cir. 2008). Plaintiffs’ complaint, as amended, would allege that government officials searched and/or seized without a warrant—and in violation of the Fourth Amendment—the premises and effects of certain FSC members and others. The record, however, is not clear as to: which specific members of FSC were searched; when and where the searches of the FSC members and others occurred (i.e., offices or homes); and the conduct of the government during the search (e.g., what specific information the government reviewed and whether the government exceeded its authority under the applicable regulations).

This factual context is necessary for determining whether the government’s conduct was a “search” under the Fourth Amendment pursuant to either the reasonable-expectation-of-privacy test set forth in Katz or the common-law-trespass test described in Jones. ...

The first cargo resupply mission to the space station to be carried out by a commercial operator is likely to be on 30 April, the US space agency says.

British special forces were involved in the fight back against the Taliban's assault on the city of Kabul on Sunday, Afghan security sources have told the BBC.

Injured Arsenal midfielder Jack Wilshere is ruled out for the remainder of the season and will not be fit for Euro 2012.

A British would-be suicide bomber jailed for plotting to blow up an aircraft has his sentence cut after assisting prosecutors in the US.

Get ready for this: J.K. Rowling is in the midst of penning a "Harry Potter" encyclopedia, confirming the long-standing rumor on her official website.

The Belfast Telegraph is to switch to printing only in the morning from Friday.

SANFORD, Florida (AP) -- The neighborhood watch volunteer charged with killing an unarmed black teenager in Florida asked a judge in the case to step down Monday after she revealed a potential conflict of interest....

SANFORD, Florida (AP) -- The neighborhood watch volunteer charged with killing an unarmed black teenager in Florida asked a judge in the case to step down Monday after she revealed a potential conflict of interest....

Orangutans choose the best building materials to engineer the most structurally sound and comfortable nests, according to researchers.

DILI, East Timor (AP) -- Two former guerrilla leaders vied for East Timor's presidency Monday, each hoping to help steer the region's newest and poorest nation after U.N. peacekeeping troops begin their planned withdrawal later this year....

DILI, East Timor (AP) -- Two former guerrilla leaders vied for East Timor's presidency Monday, each hoping to help steer the region's newest and poorest nation after U.N. peacekeeping troops begin their planned withdrawal later this year....

The "basic principle" behind the government's bid to reduce tax relief on charitable donations is "absolutely right", Chief Secretary to the Treasury Danny Alexander has said.

Early goals from Franco di Santo and Jordi Gomez help Wigan boost their survival hopes with a shock win at Arsenal.

SANFORD, Fla. (AP) -- George Zimmerman is asking a judge in the Trayvon Martin shooting case to step down after she revealed a potential conflict of interest....

UNITED NATIONS (AP) -- The U.N. Security Council strongly condemned North Korea's rocket launch Monday, announcing it will impose new sanctions and warning of further action if Pyongyang conducts another launch or a new nuclear test....

UNITED NATIONS (AP) -- The U.N. Security Council strongly condemned North Korea's rocket launch Monday, announcing it will impose new sanctions and warning of further action if Pyongyang conducts another launch or a new nuclear test....

The US Senate blocks by 51 votes to 45 the Buffett Rule, President Barack Obama's proposal to raise tax rates for top earners to at least 30%.

CAIRO (AP) -- Egyptians on Saturday voted to choose between a conservative Islamist and Hosni Mubarak's ex-prime minister in a presidential runoff once billed as the country's long-awaited shift to democracy but now clouded by pessimism over the future....