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CAIRO (AP) -- Egyptians voted for a second day Sunday in a presidential runoff pitting Hosni Mubarak's last prime minister against a conservative Islamist, with a sense of gloom hanging over many at the polls over the choice and the prospect that the ruling military will still hold most power even after their nominal handover of authority to civilians by July 1....

24 hours of news photos: 10 April 2012

Plaintiff claimed that the Department of Defense stole his intellectual property, and he filed suit alleging, inter alia, a Fourth Amendment claim, which was rejected because there was no search and seizure. “Because there are elaborate remedial systems already set up for wrongful appropriations of intellectual property, a Fourth Amendment constitutional remedy is not available for Plaintiffs' claims.” Pearlstein v. United States Dept. of Defense, 2012 U.S. Dist. LEXIS 49235 (D. Ariz. April 9, 2012).

Where the officers have probable cause to believe there are drugs in the car, defendant’s arrest on a felony drug warrant justified a search of the car under the automobile exception, and Gant was inapplicable. United States v. Fox, 2012 U.S. Dist. LEXIS 48966 (W.D. Mo. February 23, 2012).*

Hot pursuit of fleeing felon from a hand-to-hand drug transaction into an apartment justified entry into the apartment. Also, raising a new argument during the closing argument of the suppression hearing was inadequate to raise the issue because the government didn’t get to respond. United States v. Thompson, 2012 U.S. Dist. LEXIS 49472 (N.D. Tex. April 9, 2012):

The Supreme Court and the Fifth Circuit recognize that the hot pursuit of a fleeing felon is an exigency justifying a warrantless search and arrest. United States v. Santana, 427 U.S. 38, 43 (1976) ("[A] suspect may not defeat an arrest which has been set in motion in a public place ... by the expedient of escaping to a private place."); Payne v. City of Olive Branch, 130 Fed. Appx. 656, 662 (5th Cir. 2005) (per curiam) ("'Hot pursuit' of a suspect is recognized as an exigency justifying a warrantless search.") (citing Santana, 427 U.S. at 41-43 & n.3).

In addition, the warrantless search was justified by the need to preserve evidence. "[T]he need to prevent the imminent destruction of evidence has long been recognized as a sufficient justification for a warrantless search." Kentucky v. King, __ U.S. __, 131 S. Ct. 1849, 1856 (2011) (internal quotation marks omitted) (citing cases). As explained above, the officers had background knowledge that drugs were being sold out of apartments located at the Complex. They had just witnessed Thompson engage in what they believed to be a hand-to-hand drug transaction, and Thompson fled to his apartment and locked the doors after the officers unexpectedly arrived on the scene, observed the transaction as it was occurring, and commanded him to stop when he fled. Thompson was aware that the officers were pursuing him. If he had been selling drugs from his apartment and was still in possession of illegal narcotics, he could have destroyed any evidence of drugs during the time it would have taken the officers to obtain a warrant. ...

CARACAS, Venezuela (AP) -- Venezuela's justice minister says a diplomat from the Costa Rican Embassy has been freed hours after he was seized by kidnappers....

Attachment of an unsworn police report to a search warrant affidavit can support probable cause. United States v. Schubert, 2012 U.S. Dist. LEXIS 49270 (E.D. Wis. April 9, 2012):

In State v. Wegrzyn, [751 S.W. 2d 796 (Mo.App. 1988)] the Missouri Court of Appeals held that a deputy sheriff's notarized application for warrant which was based entirely on document signed by police officer that was not dated, not verified by oath, and not properly notarized was sufficient. Similarly, in Commonwealth v. Bass, 24 Mass. App. 972, 512 N.E.2d 519 (1987), an affidavit for a search warrant, properly verified, incorporated the contents of attached documents. The attachments were not in affidavit form. They were not sworn to and they contained no jurat. The trial court held that those deficiencies invalidated the warrant. The Massachusetts Appeals Court reversed that holding and upheld the warrant and the search made pursuant to it. The court held that the attached documents were properly incorporated into the affidavit, itself in proper form, and that it was of no moment that the attachments were not sworn to or contained no jurat. See also People v. Campbell, 678 P.2d 1035, 1040 (Colo. App. 1983) ("However, documents attached to and incorporated in an affidavit by reference need not be sworn to separately and may thus fall within the four corners of the affidavit.").

As a general matter, federal courts, too, have held that attached documents that are properly incorporated into an affidavit can be considered in determining whether probable cause exists and that it is of no moment that the attachments were not sworn to or contained no jurat. See, generally, United States v. McCoy, 781 F.2d 168, 172 (10th Cir. 1985); United States v. Berisford, 750 F.2d 57, 58 (10th Cir. 1984); United States v. One Olivetti Electric 10-Key Adding Machine, 406 F.2d 1167, 1168 (5th Cir. 1969). But in most cases, the attachment is not the sole source of information needed to establish probable cause, or the affiant is the author of or has direct knowledge of the facts set forth in the attachment. Here, there is no showing that Investigator Johnson had any direct knowledge of the facts set forth in the attached report. Yet, it is not uncommon for law enforcement officers to obtain a search warrant based on an affidavit that expressly includes hearsay that is not itself given under oath or affirmation. Police affidavits made in support of search warrant applications generally recount information they obtain from citizen witnesses, other police witnesses, or even unidentified informants. There is no requirement that the affiant have direct knowledge of all of the facts essential to support a finding of probable cause. Nor must the probable cause determination be based only on evidence that would be admissible at trial. Brinegar v. United States, 338 U.S. 160, 173 (1949); see also U.S. v. Ventresca, 380 U.S. 102, 107 (1965) (holding that finding of probable cause may rest upon evidence which is not legally competent in a criminal trial).

Nine suspected militants are killed in southern Russia as security forces they have foiled planned terrorist attacks.

LONDON (AP) -- Exactly 100 years from the day when the ill-fated Titanic sailed from Southampton, the English port city is paying tribute with a series of events to mark the tragic anniversary....

The Wylfa nuclear power station on Anglesey will close down one of its reactors later in April.

Consumers should be able to decide who gets to see detailed information about the energy they use, say government proposals.

Stocks fall on fears over the health of the global economy, after last week's weak US jobs data and persistent fears over the eurozone.

Paralympian swimmer Dave Roberts has not been selected for the ParalympicsGB team for the London 2012 Paralympic Games.

WASHINGTON (AP) -- A leading House Republican said Tuesday he hasn't had a discussion with Republican presidential front-runner Mitt Romney about taking the No. 2 spot on the ticket this fall....

WASHINGTON (AP) -- A leading House Republican said Tuesday he hasn't had a discussion with Republican presidential front-runner Mitt Romney about taking the No. 2 spot on the ticket this fall....

WASHINGTON (AP) -- A leading House Republican said Tuesday he hasn't had a discussion with Republican presidential front-runner Mitt Romney about taking the No. 2 spot on the ticket this fall....

WASHINGTON (AP) -- A leading House Republican said Tuesday he hasn't had a discussion with Republican presidential front-runner Mitt Romney about taking the No. 2 spot on the ticket this fall....

Two pupils from a school in Milton, Washington, have been praised for steering their bus to safety when the driver suffered an apparent heart attack.

The driver for Kevin "Gerbil" Carroll tells his murder trial how he escaped from the car as the Glasgow gangster was shot.

The Stormont estate will be the venue for a parade to mark the centenary of the Ulster Covenant in September.

Smartphones may have revolutionised the humble mobile phone but voice quality has barely changed in the last 100 years.