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news aggregatorSleep disorder raises depression riskBroad ruled out of Sri Lanka TestEngland pace bowler Stuart Broad is ruled of the final Test against Sri Lanka after a scan confirms a strain in his right calf.
Feds, 5 states to push for Great Lakes wind farmsTRAVERSE CITY, Mich. (AP) -- The Obama administration and five states have reached an agreement to speed up approval of offshore wind farms in the Great Lakes, which have been delayed by cost concerns and public opposition....
Belgian convicted in China diesA Belgian art dealer convicted of smuggling in China has died while under surveillance and subject to travel restrictions, Belgian officials say.
Online banking delays at BarclaysSome Barclays customers are facing delays trying to log on to the bank's online service as a rebuilt site is phased in.
N.D.Cal.: Govt ordered to provide computer search protocol to defense for overbreadth evaluationMotion to suppress computer searches denied without prejudice, and the government is ordered to provide the computer search protocol to the defense so it can be determined whether the search was overbroad. United States v. Fu-Tain Lu, 2010 U.S. Dist. LEXIS 144395 (N.D. Cal. September 16, 2010): The defense argues, however, that Agent Zaborowski's search was improper because the mirror images should have been turned over to a magistrate or third party to monitor any off site search. By engaging a third party to monitor the search of intermingled documents, the defendants contend that their Fourth Amendment rights could have been adequately protected. See id. at 595-96. The court finds, however, that Agent Zaborowski's method of searching adequately protected defendants' rights. By using software and word searches, the government avoided looking at documents that were likely to be outside the scope of the warrant. In a search of hard copy documents at a site, agents necessarily look at many documents that they do not seize because they are outside the scope of the warrant. With the method used by Agent Zaborowski, assuming he made appropriately narrow word searches, only those documents that had a likelihood of being within the scope of the warrant were examined by human eyes. Thus, potential Fourth Amendment concerns were minimized. Although Tamura and United States v. Comprehensive Drug Testing, Inc., 579 F.3d 989, 997-9 (2009) suggest that when documents within the scope of a warrant are intermingled with documents not covered by the warrant and the documents are removed from the site for later review, the further search should be with the approval of a magistrate. However, Tamura did not consider the Government's utilization of a word search that would avoid looking at most, if not all, documents outside the scope of the warrant. It is doubtful that the method used by Zaborowski for searching electronically stored documents even existed at the time of Tamura. In Comprehensive Drug Testing the searching agents were exposed to drug testing records of non-parties whose privacy rights were clearly violated, a very different situation than that in the present case. For the reasons stated, the court orders as follows: 1. Defendants' motion to suppress evidence is denied without prejudice to reconsideration if the defense discovers that the Government did a search of the mirror images that was not reasonably designed to find only documents, files or data described in the warrant; 2. The Government is to turn over the mirror images of the hard drives and thumb drives in its possession to the defense; 3. The mirror images of the hard drives and thumb drives are to be maintained in their present state by defense counsel or a third party escrow; 4. The Government is to return the eight 1.44MB floppy disks to defendants without reviewing them, is not to use them against defendants at trial and must destroy the CD onto which the floppy disks were copied; 5. The Government is to provide the defense with the word searches it used as best they can be reconstructed; and 6. The Government is to provide the defense with copies of any documents, files or data from the mirror images it book marked or otherwise selected or copied. Israelis clash with Land Day protestersD.Haw.: Pre-Jones GPS use saved by DavisThe placement of a GPS on defendant’s vehicle was authorized by binding precedent at the time, so Jones being decided after the fact requires Davis’s good faith exception be invoked. United States v. Leon, 2012 U.S. Dist. LEXIS 42737 (D. Haw. March 28, 2012): The United States now concedes that Jones renders the placement and subsequent use of the GPS device unconstitutional. And so, the sole remaining issue in this case is whether the exclusionary rule applies, focusing on whether the agents acted with objective reasonable reliance on then-existing precedent permitting the attachment and subsequent use of a GPS tracking device. Based on the following, the court agrees with the Government that the exclusionary rule does not apply. ... Unlike the placement of a GPS tracking device on the exterior of a vehicle in an area where a defendant has no legitimate expectation of privacy, neither Supreme Court nor Ninth Circuit binding precedent [United States v. McIver, 186 F.3d 1119 (9th Cir. 1999)] in 2009 authorized the agents to continuously monitor the location of the vehicle in public places for a prolonged period of time. Davis therefore is not directly controlling on this issue. Instead, the court must determine whether the agents exhibited "deliberate, reckless, or grossly negligent disregard for Fourth Amendment rights" or whether they acted "with an objectively reasonable good-faith belief that their conduct [was] lawful." Davis, 131 S. Ct. at 2427. And after examining precedent as of 2009, the court finds that the agents' conduct in the use of the GPS tracking device was objectively reasonable. Myanmar's election on Sunday: Why It MattersBANGKOK (AP) -- Myanmar's special election Sunday is for a small portion of parliament seats, but has taken on immense symbolic importance because it will likely see pro-democracy icon Aung San Suu Kyi win her first term in office....
Eurozone boosts firewall to $1tnFinance ministers in Copenhagen agree to increase the size of the eurozone's rescue funds to 800bn euros ($1.1tn; £667bn).
'Dark arts involved' in MI6 deathAn MI6 officer whose body was found in a bag in central London may have been killed by someone "specialising in the dark arts of the secret services", a court hears.
Life for man who raped four womenA 45-year-old man is jailed for life for a catalogue of assaults and rapes on women over a 20-year period.
Hemingway reveals feline distressNewly released private letters by author Ernest Hemingway disclose his heartache over an accident involving his cat.
Gas leak 'not due to human error'Human error did not appear to be to blame for the North Sea gas leak, oil company Total says.
Why nothing is really news at allSeen the news today? It's all about what happens. But what about what didn't happen, asks Michael Blastland.
Fame school buys Lennon buildingA performing arts school co-founded by Sir Paul McCartney purchases a building where John Lennon attended art college.
Let Americans invest payroll tax cut in retirement accountsLike cement freshly poured from a Ready-Mix truck, temporary taxes have a habit of becoming as hard as a sidewalk.
Woman badly burned pouring petrolA woman is seriously burned when petrol ignited in the kitchen of her York home as she was pouring it into a jug.
OH distinguishes between “light” and “strong” odor of marijuana for search of trunkOhio distinguishes between “light” and “strong” odor of marijuana to determine whether smell is enough to search the trunk. Here, it was “strong.” State v. Ivery, 2012 Ohio 1270, 2012 Ohio App. LEXIS 1120 (11th Dist. March 26, 2012): [*P25] However, the Ohio Supreme Court has also held that"[t]he odor of burnt marijuana in the passenger compartment of a vehicle does not, standing alone, establish probable cause for a warrantless search of the trunk of the vehicle." State v. Farris, 109 Ohio St.3d 519, 2006 Ohio 3255, 849 N.E.2d 985, ¶ 52 (where the officer detected only a "light" odor of marijuana and no contraband was found in the passenger compartment of the vehicle, a search of the trunk was improper). [*P26] We hold that the search in this case falls under the automobile exception and that Shum did have probable cause to extend the search to include the vehicle's trunk. Many courts have found cases with similar circumstances to be distinguishable from Farris, such that a search into the trunk of the vehicle is proper under the automobile exception. ... [*P27] In the present case, Shum testified that he smelled a "very strong" odor of marijuana upon approaching the car. In addition, after searching the interior of the car, he saw what he described as little "bits of marijuana." Upon speaking with Ivery, Shum was also informed that Ivery had been smoking marijuana that day. When considering all of these factors together, this case is distinguishable from Farris, and Shum had sufficient probable cause to search the trunk of the vehicle in addition to the interior. Chilean astronomer makes her markTwenty-seven-year-old Cinthya Herrera gets her astronomy career off to a flying start by producing the first science paper to come out of the Alma radio telescope.
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