News

D.Mass.: Discovery of GPS related information premature until motion to suppress filed

FourthAmendment.com - News - Sun, 2026-05-03 23:48

Defendant’s discovery request for GPS trade information was denied as was his request for information which would support the government’s claim of Davis good faith until he files a motion to suppress the GPS information. United States v. Rose, 2012 U.S. Dist. LEXIS 68095 (D. Mass. May 16, 2012).*

Delay in seeking a search warrant for a computer was not unreasonable where the delay was caused by the government thinking that defendant was going to cooperate. United States v. Armstrong, 2012 U.S. Dist. LEXIS 68429 (M.D. Pa. May 15, 2012)*:

The fact that an earlier application was presented to a Magistrate Judge is not dispositive, particularly because the Magistrate Judge was concerned about the timing of the warrant in light of the imminent trial. Although the timing of the request for authorization, almost one year after the initial seizure of the laptops, is of concern, I am willing to accept the Government's representation that it did not immediately request an authorization to search the computers because it believed Armstrong intended to cooperate with the Government and plead guilty.

Where body language allegedly belied the defendant’s denial he had drugs in the car, a frisk was reasonable. United States v. Acosta, 2012 U.S. Dist. LEXIS 67551 (W.D. Mo. April 27, 2012).*

Stocks fall; Dow has its 11th loss in 12 days

NEW YORK — The Dow Jones industrial average fell for the 11th time in 12 days after a pair of discouraging economic reports came as investors worried about Greece's possible exit from euro.

The Dow closed down 156 points at 12,442. The Standard & Poor's 500 fell 20 to 1,305, ...

Drone hits al-Qaeda cell in Yemen

BBC - News - Sun, 2026-05-03 23:48
A drone strike in eastern Yemen has killed two suspected al-Qaeda militants, a Yemeni security official says.
Categories: BBC, News

VIDEO: UK's oldest living kidney donor

BBC - News - Sun, 2026-05-03 23:48
An 83-year-old man has become the oldest person in the UK to donate a kidney while still being alive, the NHS Blood and Transplant service has said.
Categories: BBC, News

Turkey jets 'pursue Israel plane'

BBC - News - Sun, 2026-05-03 23:48
Turkey says it scrambled two military jets to chase away an Israeli plane which allegedly violated the airspace of Turkish-held northern Cyprus.
Categories: BBC, News

Court quashes murder conviction

BBC - News - Sun, 2026-05-03 23:48
A 24-year-old London man who has served more than seven years in jail for the murder of a trainee chef has his conviction quashed.
Categories: BBC, News

Arrests in beaten pensioner case

BBC - News - Sun, 2026-05-03 23:48
Two arrests are made after an attack that left a 93-year-old woman in a critical condition in hospital.
Categories: BBC, News

D.N.M.: Does Brady apply to suppression hearings?

FourthAmendment.com - News - Sun, 2026-05-03 23:48

If Brady likely applies to suppression motions, there was no showing that the evidence was sufficiently impeaching to change the outcome. United States v. Harmon, 2012 U.S. Dist. LEXIS 67260 (D. N.M. May 10, 2012).*

Circuit courts have split on the issue whether Brady v. Maryland's restrictions apply to suppression hearings, although it is not likely that a prosecutor must disclose impeachment evidence before a suppression hearing in light of the Supreme Court's conclusion in United States v. Ruiz that a prosecutor does not have to disclose impeachment evidence before the entry of a guilty plea. In an unpublished opinion, the Tenth Circuit, without discussing whether Brady v. Maryland applies to a suppression hearing, rejected a defendant's argument that the prosecution violated Brady v. Maryland by failing to disclose impeachment evidence before a suppression hearing on the basis that the evidence was not impeachment evidence and not material. See United States v. Johnson, 117 F.3d 1429, 1997 WL 381926 at *3 (10th Cir. 1997) (unpublished table decision). ...

The United States Court of Appeals for the District of Columbia has recognized that "it is hardly clear that the Brady line of Supreme Court cases applies to suppression hearings," because "[s]uppression hearings do not determine a defendant's guilt or punishment, yet Brady rests on the idea that due process is violated when the withheld evidence is 'material either to guilt or to punishment.'" United States v. Bowie, 198 F.3d 905, 912 (D.C. Cir. 1999). Without deciding the issue and in an unpublished opinion, the United States Court of Appeals for the Sixth Circuit quoted with approval this language from United States v. Bowie. See United States v. Bullock, 130 F.App'x 706, 723 (6th Cir. 2005) (unpublished) ("Whether the suppression hearing might have come out the other way, however, is of questionable relevance to the Brady issues at stake here."). The Fifth Circuit and the United States Court of Appeals for the Ninth Circuit held, before the Supreme Court issued its United States v. Ruiz decision, that Brady v. Maryland restrictions apply to suppression hearings. See United States v. Barton, 995 F.2d 931, 935 (9th Cir. 1993) ("[W]e hold that the due process principles announced in Brady and its progeny must be applied to a suppression hearing involving a challenge to the truthfulness of allegations in an affidavit for a search warrant."); Smith v. Black, 904 F.2d 950, 965-66 (5th Cir. 1990) ("Timing is critical to proper Brady disclosure, and objections may be made under Brady to the state's failure to disclose material evidence prior to a suppression hearing."), vacated on other grounds, 503 U.S. 930 (1992)). The United States Court of Appeals for the Seventh Circuit held that, under its precedent and the law from other circuits, it was not "obvious" for clear-error purposes that "Brady disclosures are required prior to suppression hearings." United States v. Scott, 245 F.3d 890, 902 (7th Cir. 2001).

VIDEO: Princess on pressure of Olympics

BBC - News - Sun, 2026-05-03 23:48
The Princess Royal has expressed her sympathy for athletes preparing for the London 2012 Olympic Games.
Categories: BBC, News

VIDEO: Stolen scrap metal haul recovered

BBC - News - Sun, 2026-05-03 23:48
One of the biggest ever hauls of stolen scrap metal has been recovered by police in London.
Categories: BBC, News

Pakistani air force planes crash, 4 pilots killed

AP - World News - Sun, 2026-05-03 23:48
PESHAWAR, Pakistan (AP) -- Two Pakistani air force planes crashed in a residential area in northwestern Pakistan on Thursday, killing all four pilots on board and injuring five people on the ground, police said....

'Robbers' killed in Nigeria blast

BBC - News - Sun, 2026-05-03 23:48
At least two suspected armed robbers are killed in an explosion in a minibus in Nigeria's oil capital, Port Harcourt, police say.
Categories: BBC, News

Coroner: RFK Jr.'s estranged wife died from hanging

BEDFORD, N.Y. (AP) — The estranged wife of Robert Kennedy Jr. died of asphyxiation due to hanging, a medical examiner in suburban New York said Thursday.

Mary Richardson Kennedy, 52, was discovered dead Wednesday on the family's property in this New York City suburb. An autopsy was performed ...

Private police roles put on hold

BBC - News - Sun, 2026-05-03 23:48
Plans to use private firms in police roles in Surrey are put on hold, as West Midlands Police says it will ask the police authority for "a revision to the process".
Categories: BBC, News

OH9: Common computer in house was subject to apparent authority of any of them to consent

FourthAmendment.com - News - Sun, 2026-05-03 23:48

After defendant was arrested for touching her children, the woman of the house delivered two laptops used by the entire family to the police to look for evidence on the computers. She had apparent authority to consent to a search of the computers because all that the police knew was that the computers were used by everybody in the house. State v. Rice, 2012 Ohio 2174, 2012 Ohio App. LEXIS 1909 (9th Dist. May 16, 2012).*

The car had no trunk, and a dog alert to the interior was to the whole interior. The state proved that the dog was a well trained dog. State v. Duran, 2012 Ohio 2114, 2012 Ohio App. LEXIS 1857 (9th Dist. May 14, 2012).*

Defendant was stopped with reasonable suspicion based on a detailed call from a citizen informant who called to report an erratic driver in front of him. He gave his first name and stayed on the phone until police caught up. State v. Bunn, 2012 Ohio 2151, 2012 Ohio App. LEXIS 1868 (12th Dist. May 14, 2012).*

The vehicle defendant was a passenger in was stopped for a lane change violation, and the driver said that he had drugs. On the floor in front of him was paraphernalia in plain view. Coupled with his furtive movements, a search was reasonable. State v. Jackson, 2012 Ohio 2123, 2012 Ohio App. LEXIS 1861 (11th Dist. May 14, 2012).*

Romney, Republican Party raise $40M in April

AP - Politics - Sun, 2026-05-03 23:48
WASHINGTON (AP) -- Republican presidential challenger Mitt Romney and his party raised a combined $40.1 million in April....

Man admits rape and sex assault

BBC - News - Sun, 2026-05-03 23:48
A man admits raping one woman and seriously sexually assaulting another in Glasgow city centre on a Christmas night out.
Categories: BBC, News
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