VoteKansas.org

Sudan releases four foreigners detained last month near in the disputed area near the border with South Sudan, officials say.

Infowars.com | Yes, the police say because the men stayed with a man who had home-brew making equipment that they are terrorists. This is the same state were you get life in prison for public filming of mafia/ police.

DAMASCUS, Syria (AP) -- A roadside bomb exploded in a restive suburb of the Syrian capital as senior U.N. officials toured the area on Sunday, blowing off the front of a parked vehicle but causing no casualties....

Infowars.com | They do not have the copyright but eOne continues to take my film End Game: blueprint for global enslavement off the free web.

SAN FRANCISCO (AP) — For Facebook founder and CEO Mark Zuckerberg, it was quite a week — from birthday to IPO to "I do."

A day after the historic Facebook stock offering, Mr. Zuckerberg on Saturday wed 27-year-old Priscilla Chan, his girlfriend of nearly a decade, according to a guest ...

CHICAGO (AP) -- World leaders weary of war will tackle Afghanistan's post-conflict future - from funding for security forces to upcoming elections - when the NATO summit opens Sunday....

HELENA, Mont. (AP) -- Twenty-two states and the District of Columbia are backing Montana in its fight to prevent the U.S. Supreme Court's 2010 Citizens United decision from being used to strike down state laws restricting corporate campaign spending....

HELENA, Mont. (AP) -- Twenty-two states and the District of Columbia are backing Montana in its fight to prevent the U.S. Supreme Court's 2010 Citizens United decision from being used to strike down state laws restricting corporate campaign spending....

HELENA, Mont. (AP) -- Twenty-two states and the District of Columbia are backing Montana in its fight to prevent the U.S. Supreme Court's 2010 Citizens United decision from being used to strike down state laws restricting corporate campaign spending....

HELENA, Mont. (AP) -- Twenty-two states and the District of Columbia are backing Montana in its fight to prevent the U.S. Supreme Court's 2010 Citizens United decision from being used to strike down state laws restricting corporate campaign spending....

HELENA, Mont. (AP) -- Twenty-two states and the District of Columbia are backing Montana in its fight to prevent the U.S. Supreme Court's 2010 Citizens United decision from being used to strike down state laws restricting corporate campaign spending....

Graeme McDowell is through to the final of the World Match Play, but Paul Lawrie is beaten in the semi-finals.

Republican presidential hopeful Mitt Romney and U.S. Sen. Scott Brown publicly support each other and even share key advisers. But on many topics, from foreign policy to social issues, the Massachusetts Republicans take very different positions....

Republican presidential hopeful Mitt Romney and U.S. Sen. Scott Brown publicly support each other and even share key advisers. But on many topics, from foreign policy to social issues, the Massachusetts Republicans take very different positions....

Republican presidential hopeful Mitt Romney and U.S. Sen. Scott Brown publicly support each other and even share key advisers. But on many topics, from foreign policy to social issues, the Massachusetts Republicans take very different positions....

Republican presidential hopeful Mitt Romney and U.S. Sen. Scott Brown publicly support each other and even share key advisers. But on many topics, from foreign policy to social issues, the Massachusetts Republicans take very different positions....

Republican presidential hopeful Mitt Romney and U.S. Sen. Scott Brown publicly support each other and even share key advisers. But on many topics, from foreign policy to social issues, the Massachusetts Republicans take very different positions....

SANT'AGOSTINO DI FERRARA, Italy (AP) -- One of the worst quakes to hit northeast Italy in hundreds of years rattled the region around Bologna early Sunday, killing at least four people, collapsing factories and sending residents running out into the streets, emergency services said....

Portland Coastguard say there is no hope that two fishermen missing off the Dorset coast since Thursday will be found alive.

The penis swabbing of defendant in the jail after his arrest for rape as a search incident without a warrant violated the Fourth Amendment, but it was harmless beyond a reasonable doubt because of the DNA evidence found in the rape victim’s underwear. People v. Fulton, 2012 Cal. App. LEXIS 585 (3d Dist. May 18, 2012):

Here, the seizure of the evidence from the defendant's penis is problematic. It involved a major intrusion on the defendant's dignity. There is a dispute in authority about the extent to which on proper showing the police can search intimate areas of an arrestee's person. (3 LaFave, Search and Seizure (4th ed. 2004) Post-Arrest Detention, § 5.3(c), pp. 168-170 & fns. 114, 116; id. 2011-2012 Supp., p. 32.) Yet the prosecution, bearing the burden of justifying the warrantless seizure, made no attempt to establish that the evidence would have been destroyed absent the warrantless seizure. At best, the People want us to assume that such is the case. That is no way to justify a warrantless seizure of evidence.

The stipulated facts established only what happened -- evidence was taken from the defendant's penis without a warrant. The prosecution did not put on evidence concerning the destructibility of the evidence or even that the police had a good-faith belief, or any kind of belief, that the evidence could be destroyed absent the warrantless seizure. (See Schmerber v. California, supra, 384 U.S. at pp. 770-771 [reasonable belief that evidence would be destroyed may justify warrantless seizure].) It should go without saying that the attorneys' arguments were not evidence. (See CALCRIM No. 222.) Therefore, we are left with a request by the Attorney General to condone a warrantless seizure based on speculation or supposition.

The Attorney General's argument that this was merely a search incident to arrest does not fare any better. Seizure of evidence from an arrestee's genitalia is a major intrusion on the arrestee's dignity. To seize evidence from a person's genitalia, as part of a search incident to arrest and without a warrant, there must be an exigency justifying the seizure, such as officer safety or imminent destruction of evidence. (See Schmerber v. California, supra, 384 U.S. at pp. 770-771; see also State v. Lussier (Minn.Ct.App. 2009) 770 N.W.2d 581, 589-590.) As noted, there was no such showing here.

While we cannot agree with the Attorney General that the warrantless seizure of evidence from the defendant's penis was justified, we also disagree with the defendant that this must result in reversal of the judgment against him. Any error in admitting the evidence obtained from the defendant's penis was harmless beyond a reasonable doubt considering the credibility of the victim and the evidence obtained from the victim's underwear.