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news aggregatorObama says US can't afford tax cuts for richestWASHINGTON (AP) -- President Barack Obama says the nation can't afford to keep giving tax cuts to the wealthiest, "who don't need them and didn't even ask for them."...
Obama says US can't afford tax cuts for richestWASHINGTON (AP) -- President Barack Obama says the nation can't afford to keep giving tax cuts to the wealthiest, "who don't need them and didn't even ask for them."...
OH6: One has no standing in another's cell phone recordsDefendant had no standing to contest seizure of his girlfriend’s cell phone records. State v. Young, 2012 Ohio 1669, 2012 Ohio App. LEXIS 1456 (6th Dist. April 13, 2012).* The USMJ concluded that the computer search was excessive, but the Sixth Circuit spoke in a case on point right after that, so the R&R is adopted as modified. United States v. Labuda, 2012 U.S. Dist. LEXIS 51084 (W.D. Tenn. April 11, 2012)*: The Government objects to the Magistrate Judge's conclusion that Campbell's search exceeded the boundaries of the Search Warrant. (Gov.'s Objection 4.) The Government argues that United States v. Richards, 659 F.3d 527 (6th Cir. 2011), which was decided two weeks after the Magistrate Judge's Report, established clearer parameters for electronic database and file searches. (Gov.'s Objections 2.) The Government contends that "the Richards court determined that seizure of images of child pornography other than those specifically sought in the warrant was not a violation of the Fourth Amendment, even though the server was set up with neatly compartmentalized segments and files." (Id.) Obama defends typically GOP states in race to 270President Barack Obama begins his re-election campaign defending traditionally Republican territory that he carried when he won the White House four years ago. Republican Mitt Romney is looking to reclaim any combination of these GOP strongholds now in flux....
OH8: SW for house need not include name of owner or occupantA search warrant for a house does not have to include the name of the owners or occupants; a particular description is required with probable cause to believe evidence will be found, and the officers had it here. State v. Lenard, 2012 Ohio 1636, 2012 Ohio App. LEXIS 1433 (8th Dist. April 12, 2012). Defense counsel was not ineffective for not investigating whether the window tint of his car was legal or not when that was the basis for a stop in a bank robbery case. He didn’t even claim that his windows were overtinted. United States v. Coleman, 2012 U.S. Dist. LEXIS 51481 (E.D. Pa. April 11, 2012)*: Petitioner cannot show the existence of a colorable Fourth Amendment claim. Notably, Petitioner does not claim that his windows were not darkly tinted. He does not argue that Hartman should have been able to see inside the vehicle. Although he faults counsel for failing to investigate the level of tint, he does not claim that the windows were not in violation of Pennsylvania's Motor Vehicle Code. [¶] It is undisputed that the windows on Petitioner's vehicle were tinted. It is also undisputed that Trooper Hartman detained the vehicle because of the tinted windows. The suggestion that Counsel was ineffective because he did not investigate the extent of the tint is without merit. Sanders, 165 F.2d at 253. Petitioner's sixth claim lacks merit and is denied. Spain's King undergoes hip replacement surgeryMADRID (AP) -- Spain's King Juan Carlos has successfully undergone hip replacement surgery to repair minor damage related to arthritis worsened by a fall, his fourth operation in less than two years, royal palace officials said Saturday....
US air traveler treated in Iran after heart attackTEHRAN, Iran (AP) -- Iran's civil aviation spokesman says an American is receiving medical treatment in Tehran after his plane was diverted to the Iranian capital when he suffered a heart attack on a flight from Dubai to Seattle....
ND: Adopts general rule on school resource officer searches under T.L.O.The search here was conducted by a school resource police officer, and the court finds it was not a police search but a school search. State v. Alaniz, 2012 ND 76, 2012 N.D. LEXIS 74 (April 10, 2012). The standard: [*P10] Other courts have addressed this issue and have held there are three categories of school searches based on the amount of police involvement: (1) when school officials initiate the search or police involvement is minimal, the reasonableness standard applies; (2) when the search involves school resource officers acting on their own initiative or at the direction of other school officials to further educationally related goals, the reasonableness standard applies; and (3) when "outside" police officers initiate the search, warrant and probable cause requirements apply. See, e.g., T.S. v. State, 863 N.E.2d 362, 367-68 (Ind. Ct. App. 2007); Myers v. State, 839 N.E.2d 1154, 1160 (Ind. 2005); State v. Burdette, 225 P.3d 736, 740 (Kan. Ct. App. 2010); In re D.L.D., 694 S.E.2d 395, 400 (N.C. Ct. App. 2010); State v. J.M., 255 P.3d 828, 832 (Wash. Ct. App. 2011). [*P11] In determining how much police involvement occurred and which standard applies, courts have considered various factors, including whether the officer was in uniform, whether the officer has an office on the school campus, how much time the officer is at the school each day, whether the officer is employed by the school system or an independent law enforcement agency, what the officer's duties are at the school, who initiated the investigation, who conducted the search, whether other school officials were involved, and the officer's purpose in conducting the search. See T.S., at 369-71; Burdette, at 740; R.D.S. v. State, 245 S.W.3d 356, 368 (Tenn. 2008). We agree with the rationale used by these courts to determine which standard should apply to school searches. Events around the world mark Titanic centenaryLONDON (AP) -- From Titanic's birthplace in a Belfast shipyard to its resting place in the North Atlantic, thousands were gathering Saturday to remember the cruise ship that embarked on its maiden voyage as an icon of Edwardian luxury but became, in a few dark hours 100 years ago, an enduring emblem of tragedy....
Events around the world mark Titanic centenaryLONDON (AP) -- From Titanic's birthplace in a Belfast shipyard to its resting place in the North Atlantic, thousands were gathering Saturday to remember the cruise ship that embarked on its maiden voyage as an icon of Edwardian luxury but became, in a few dark hours 100 years ago, an enduring emblem of tragedy....
'Life-threatening' storms feared for MidwestOKLAHOMA CITY (AP) -- Tornado sirens sounded across Oklahoma City hours before dawn Saturday as the nation's midsection braced for what forecasters cautioned could be a day of "life-threatening" storms, with the most dangerous weather expected to develop in the afternoon....
New NKorean leader emphasizes 'military first'PYONGYANG, North Korea (AP) -- Hours after a failed rocket launch criticized abroad as a covert test of missile technology, North Korea's new leader underlined the country's "military first" policy with a budget that allocates a sizable chunk of funding to defense spending....
Boy accused over terror line hoaxA teenager from Birmingham is charged by police investigating hoax calls to a Scotland Yard counter-terrorism hotline.
Forecasters: Dangerous storms threaten MidwestOMAHA, Neb. (AP) — More than a dozen possible tornadoes were reported Saturday as forecasters warned residents across the nation's midsection to brace for "life-threatening" weather. Reported tornadoes targeted Nebraska, Kansas, Oklahoma, and Iowa during the day, but the most dangerous weather is expected Saturday night into Sunday morning. National ... Son succeeds Afghan talks chiefThe son of murdered former president Burhanuddin Rabbani is appointed to replace him as Afghanistan's lead peace negotiator with the Taliban.
Megrahi 'given blood transfusion'Lockerbie bomber Abdelbaset al-Megrahi is said to have been admitted to hospital in Libya to receive blood transfusions.
Opinion: Marine's comments go too farAL follows majority and concludes cell phone text messages subject to search incidentAlabama follows Diaz and others and rejects Smith in holding that a cell phone’s text messages are subject to a search incident. Gracie v. State, 2011 Ala. Crim. App. LEXIS 123 (December 16, 2011)* [Note: It’s always easier to let some other court do your thinking for you. Alabama has a subscription only website for state opinions that I won’t pay for since its opinions are so shallow.] Defendant was stopped for driving too slow in the left lane and impeding traffic. The video showed trucks slowing and passing on the right. Shell v. State, 2012 Ga. App. LEXIS 391 (April 12, 2012).* 911 caller said that the police stopped the wrong man, so officers looked at the two men nearest. Finding a gun on one did not dissipate the reasonable suspicion as to the other because the officer did not have to consider the stop over. United States v. Woods, 2012 U.S. Dist. LEXIS 51607 (W.D. Mo. April 6, 2012).* Iran in 'constructive' nuclear talksUnlikely bond in lifeboat eightA Titanic crewman and a countess who made friends
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