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NewsLongest-serving Senate Republican fallsSpecial election in Ariz. to replace GiffordsWASHINGTON (AP) -- Democrats are hoping that late campaign appearances by former Rep. Gabrielle Giffords will help push her hand-picked successor to victory in a special congressional election in Arizona....
Reports: IAEA inspector killed in Iran car crashTEHRAN, Iran (AP) -- A U.N. nuclear inspector from South Korea was killed Tuesday and a colleague was injured in a car crash near a reactor site in central Iran, news reports said....
Anti-bailout party rejects Greek austerity pledgeATHENS, Greece (AP) -- Greece's commitment to austerity is no longer valid because voters have rejected those deals, a left-wing party leader declared Tuesday as he tried to form a new coalition government....
Gaia creator rows back on climateThe scientific maverick James Lovelock says climate catastrophe is not so certain as he previously suggested.
Manet painting campaign gets £6mA campaign by the Ashmolean Museum in Oxford to buy a painting by French Impressionist Edouard Manet receives a £5.9m donation.
Take-away delivery man 'murdered'A murder trial hears how a Chinese take-away delivery driver was punched, kicked and stamped to death by two men.
VIDEO: 'Bionic' woman's London Marathon joyA paralysed woman has become the first person to complete a marathon in a "bionic" suit.
Israeli premier Netanyahu unveils unity governmentJERUSALEM (AP) -- Israeli Prime Minister Benjamin Netanyahu unveiled a revamped coalition government on Tuesday, forming a broad alliance with the chief opposition party that could free his hand to take action on peace with the Palestinians and decide whether to attack Iran....
N.D.Ala.: Crossing center line repeatedly justified stopThe video showed defendant crossing the centerline repeatedly. There was probable cause for his stop, despite his contention that state law was not violated. “Additionally, as noted by the officer and demonstrated by the video, the defendant's driving pattern indicated that he might be impaired, also warranting an investigatory stop.” United States v. Benitez, 2012 U.S. Dist. LEXIS 62913 (N.D. Ala. April 4, 2012).* Defendant probationer consented to a search of his cell phone and pictures of him holding guns were revealed, and that justified a probation search of where he lived. United States v. Peila, 2012 U.S. Dist. LEXIS 63036 (D. Nev. April 3, 2012).* Defendant filed a general motion to suppress which was heard before trial, but only statements made at the time of arrest were discussed. A gun was also seized in Tennessee, and it was never mentioned. At trial, the gun was not objected to. On appeal, the issue of the seizure of the gun was waived. Rockholt v. State, 2012 Ga. LEXIS 446 (May 7, 2012).* Drug officers stopped defendants based on a request to stop him so used the fact that one of three taillights was out. But, Arizona law just says that “a stop light” needs to work, and this is a mistake of law because defendants otherwise were committing no traffic violation. The subsequent consent derived from the illegal stop, and it’s all suppressed. United States v. Pro, 2012 U.S. Dist. LEXIS 63058 (D. Ariz. May 3, 2012).* `Where Wild Things Are' author Maurice Sendak diesNEW YORK (AP) -- Maurice Sendak, the children's book author and illustrator who saw the sometimes-dark side of childhood in books like "Where the Wild Things Are" and "In the Night Kitchen," died early Tuesday. He was 83....
Murder accused 'was impersonated'A woman accused of killing Belfast man Christopher Mackin in March was "impersonated" to put in her in the frame, a court hears.
AUDIO: Warren defends Haye-Chisora fightFrank Warren has told BBC Radio 5 live Breakfast that David Haye and Derek Chisora will fight at Upton Park in July.
Relative: Suspect thought kidnapped girls were hisGUNTOWN, Miss. (AP) -- The Mississippi man on the run from a double-slaying thought he might be the father of the two girls he's now accused of kidnapping, his mother-in-law said....
Wife of kidnap-slaying suspect charged with murderGUNTOWN, Miss. (AP) -- Court officials in Tennessee say first-degree murder charges have been filed against the wife of a man suspected of killing of a woman and her teenage daughter and fleeing with her two younger girls....
LA Times editorial: "The secret life of your cellphone"LA Times editorial: The secret life of your cellphone; In a threat to the 4th Amendment, law enforcement is using location data as a crime-fighting tool: Concerned that mobile phone networks are becoming surveillance tools, the American Civil Liberties Union recently asked hundreds of local law enforcement agencies whether they've tracked people's movements through their cellphones. Most of those that responded said they had, usually obtaining the information from mobile phone companies without a warrant. The practice has become so routine, the ACLU found, that phone companies are sending out catalogs of monitoring services with detailed price lists to police agencies. The alarming findings should persuade Congress to clarify that the government can't follow someone electronically without showing probable cause and obtaining a warrant. Wild Things author Sendak diesMaurice Sendak, the US author of the best-selling children's book Where the Wild Things Are, dies aged 83.
N.D.Ind.: Excessive force in arrest didn't justify suppression of search with no causal connectionAllegations of excessive force used during defendant’s arrest did not justify suppression of the search where there was no causal connection. United States v. Collins, 2012 U.S. Dist. LEXIS 63214 (N.D. Ind. May 4, 2012): The Defendant's primary objection to the admission of the evidence against him is his claim that Officers Ealing and Johnson used unreasonable force to effectuate his arrest. The Defendant cites a Ninth Circuit case, United States v. Ankeny, for the proposition that a Fourth Amendment excessive force violation requires suppression of the evidence seized. 502 F.3d at 836. However, the Defendant also cites to United States v. Watson, where the Seventh Circuit disagreed with the Ankeny court. Specifically, the Seventh Circuit declined to apply the Ankeny court's reasoning, holding: "We thus disagree with the dictum in United States v. Ankeny ... that the use of excessive force in the course of a search can require suppression of the evidence seized." 558 F.3d at 705. Rather, if a defendant proves excessive force, "his remedy would be a suit for damages under 42 U.S.C. § 1983 (or state law) rather than the exclusion from his criminal trial of evidence that had been seized in an otherwise lawful search." Id. at 704. Therefore, under a plain reading of Watson, suppression would not be appropriate even if the Defendant could establish that Officers Ealing and Johnson used excessive force against him. Rather, the Defendant's appropriate remedy would be a § 1983 civil suit against the Officers for use of excessive force. The Court notes that even under Ankeny, suppression would not be appropriate in this case. The Ankeny court held that it did not need to determine whether unreasonable force had been used because there was no "causal nexus" between the allegedly unreasonable force and discovery of the evidence. Ankeny, 502 F.3d at 837; see also Watson, 558 F.3d at 702 ("There was no causal connection ... between the alleged police misconduct and the obtaining of the evidence."). The bag containing cocaine was obtained not because of any allegedly unreasonable force used by the Officers, but because the Defendant threw it away from his person before Officer Ealing used any force. As the Government urges, "[a]n arrest does not occur until a police officer lays hands on a subject or the subject voluntarily submits to a show of authority." United States v. Britton, 335 Fed. Appx. 571, 575 (6th Cir. 2009); California v. Hodari D., 499 U.S. 621, 626 (1991) ("An arrest requires either physical force ... or, where that is absent, submission to the assertion of authority."). The exclusionary rule is only triggered where evidence is obtained "following an unlawful arrest." United States v. Howard, 621 F.3d 433, 451 (6th Cir. 2010). Because the facts indicate that the Defendant threw the bag away from his person before Officer Ealing touched him, the bag was not obtained "following" an arrest at all, and so there can be no nexus between the alleged unreasonable force and finding the bag. For that matter, it appears that the Defendant placed the bag in a publicly exposed place, suggesting that the Government's retrieval of the bag did not constitute a search at all within the meaning of the Fourth Amendment. See United States v. Eubanks, 876 F.2d 1514, 1516 (11th Cir. 1989) ("[U]nder the fourth amendment no governmental 'search' occurs if the place or object examined is publicly exposed such that no person can reasonably have an expectation of privacy."). Plea over attack on 94-year-oldThe daughter of a 94-year-old Birmingham woman who was attacked in her bed said her mother "screamed for help" but no-one came.
Petrol station canopies listedTwo 1960s petrol station canopies in Nottinghamshire and Leicestershire are given listed status by English Heritage.
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