SearchSupport ReformAny amount helps!
Reform NewsTopicsUser loginVote ReformOrganizationNavigationUpcoming eventsActive forum topicsNew forum topicsBrowse archives
PollWho's onlineThere are currently 0 users and 41 guests online.
Who's new
Recent blog posts
|
NewsPremier League's best goalscoring startsA look at the strikers with the most impressive starts to life in the Premier League era over their first eight games.
7 injured in military helicopter mishap in ArizonaEL CENTRO, Calif. (AP) -- A British Chinook helicopter suffered a "mishap" Saturday during a landing exercise in the Arizona desert, leaving seven people with minor injuries, a military spokeswoman said....
7 injured in military helicopter mishap in ArizonaEL CENTRO, Calif. (AP) -- A British Chinook helicopter suffered a "mishap" Saturday during a landing exercise in the Arizona desert, leaving seven people with minor injuries, a military spokeswoman said....
Pakistani troops dig for 135 missing in avalancheISLAMABAD (AP) -- Pakistani soldiers dug through the remnants of a massive avalanche for a second day Sunday searching for at least 135 people buried when the wall of snow engulfed a military complex in a mountain battleground close to the Indian border....
'Tired' Redgrave quits canoe raceOlympic rowing legend Sir Steve Redgrave pulls out of the annual Devizes to Westminster canoe race due to "tiredness".
China troubled by Pyongyang rocket launch plansBEIJING (AP) -- China's foreign minister said Sunday that Beijing is troubled by North Korea's plans to launch a rocket and has urged more diplomacy to handle the situation, a measured response to a provocation that has unsettled the region....
Videos appear to show Saddam officialChristians celebrate Easter in JerusalemJERUSALEM (AP) -- Thousands of Christians are celebrating Easter Mass in Jerusalem in an array of processions and prayer sessions....
Contracts expire for many at AT&T, talks continueNEW YORK (AP) -- Union contracts for thousands of AT&T workers expired at midnight but officials said early Sunday that talks were continuing....
Pakistan's president visits IndiaRAF Chinook in emergency landingSeven crew members of an RAF Chinook helicopter have escaped injury after their aircraft made an emergency landing in the southern US.
AR: Wrong burden of proof in consent search mandates reversal; defendant's argument presumptively validThe trial court’s order denying the motion to suppress erroneously put the burden of proof on the defendant to show that a warrantless search was unreasonable. Briggs v. State, 2012 Ark. App. 226, 2012 Ark. App. LEXIS 341 (April 4, 2012): In so holding, the trial court erred as a matter of law by impermissibly shifting the burden of proof. See Danner v. Discover Bank, 99 Ark. App. 71, 257 S.W.3d 113 (2007). The grounds asserted by appellant, i.e., lack of consent, were presumptively true because all warrantless searches are presumed illegal, and the burden of showing that a search was made pursuant to unequivocal and specific consent rests entirely on the State. State v. Brown, supra. We therefore reverse and remand for the trial court to conduct such further proceedings as are necessary for it to make findings of fact in a manner consistent with this opinion. Because the new findings may differ from those made pursuant to the inverted burden of proof employed in the present case, appellant's constitutional arguments are not ripe for decision, and we therefore do not address them. Report to the police that a vehicle was stolen was reason to stop it. At the hearing, it was shown that the victim didn’t intend to affect defendant, but the report was relied on in good faith at the time. State v. Mundy, 2012 La. App. LEXIS 442 (La. App. 3d Cir. April 4, 2012).* UT: Refusal of consent does not end stop where there is RSDefendant’s refusal of consent did not dispel reasonable suspicion nor mandate ending the stop if there is reasonable suspicion. State v. Gomez, 2012 UT App 102, 2012 Utah App. LEXIS 105 (April 5, 2012): [*P11] To the extent that Gomez is asserting that his refusal to consent to the search ended the investigation as a matter of law, we do not agree. Courts generally hold that refusal to consent cannot establish or—according to some courts—even support reasonable suspicion. ... The Tenth Circuit has well stated the rationale of these cases: "If refusal of consent were a basis for reasonable suspicion, nothing would be left of Fourth Amendment protections. A motorist who consented to a search could be searched; and a motorist who refused consent could be searched, as well." Santos, 403 F.3d at 1125-26; see also United States v. Hunnicutt, 135 F.3d 1345, 1351 (10th Cir. 1998) ("Any other rule would make a mockery of the reasonable suspicion and probable cause requirements, as well as the consent doctrine."). [*P12] However, the issue here is not whether refusal to consent supports reasonable suspicion, but whether it dispels reasonable suspicion, or at any rate terminates an officer's attempts to confirm or dispel his or her original reasonable suspicion. On this point, the case law is equally clear. Gomez "cites no case law, and we have found none, that would require [the officer] to ignore all that he had observed and all that he knew up to the moment he asked for consent." See Leal, 235 F. App'x at 940. Indeed, courts routinely hold post-refusal detentions to be supported by pre-refusal reasonable suspicion under an ordinary totality-of-the-circumstances analysis. ... Thus, a brief investigative detention of a suspect who has refused consent, like any other official detention, is lawful to the extent it is supported by reasonable suspicion, and the investigating officer acts diligently to pursue a means of investigation likely to quickly confirm or dispel that suspicion. See Sharpe, 470 U.S. at 686. [*P13] Nor do we agree with Gomez that, as a factual matter, once he denied consent to search, Officer Speeth "had done all that he could to quickly confirm or dispel his suspicion that Gomez was involved [in] drug trafficking." Gomez's own response to the officer's request suggested a further avenue of investigation. When the officer made the original request, Gomez did not consent, but neither did he categorically refuse consent. He gave a response from which the officer inferred that "some of the other occupants had something incriminating inside the hotel room." That inference cued up the next logical step in the investigation: determining whether Gomez's companions would object to a search of the hotel room. When they disclaimed any interest in the room, the officer again approached Gomez. This time, Gomez consented. Chavez returns to Cuba for more cancer treatmentCARACAS, Venezuela (AP) -- Venezuelan President Hugo Chavez flew back to Cuba late Saturday for another round of radiation therapy, telling his countrymen that he has faith a "miracle" will help him survive cancer....
VIDEO: Eggs thrown at newscaster live on airA newscaster in Greece has been covered with eggs and yoghurt by protesters who broke into the television studio.
Blasts in Baghdad, northern Iraqi cities kill 30BAGHDAD (AP) -- Bombings struck several areas in Baghdad and to the north Thursday, killing at least 30 people in the first major attacks in Iraq in nearly a month. The violence stoked fears that insurgents were trying to undermine confidence in the Shiite-led government amid rising sectarian tensions....
Iraq: Video appears to show top Saddam deputyBAGHDAD (AP) -- A video posted online Saturday purports to show Izzat Ibrahim al-Douri, the highest ranking member of Saddam Hussein's ousted regime still at large, lashing out against Iraq's Shiite-led government....
Navy jet crash a 'Good Friday miracle' _ but how?VIRGINIA BEACH, Va. (AP) -- A 12-ton Navy jet loaded with tons of fuel crashes in a spectacular fireball into a big apartment complex, scattering plane parts and wiping out some 40 units. How is it that everyone survived?...
|
InfoWars.comTruthNews.US - News
www.NewsWithViews.com
News
|
Recent comments
16 years 17 weeks ago
16 years 48 weeks ago
18 years 34 weeks ago
18 years 45 weeks ago
18 years 46 weeks ago
18 years 47 weeks ago
18 years 47 weeks ago
18 years 47 weeks ago
19 years 2 days ago
19 years 2 days ago