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Congo clashes as deadline expires

BBC - News - Wed, 2026-05-06 04:09
Heavy fighting breaks out in eastern DR Congo as a deadline expires for army mutineers loyal to the warlord known as the 'Terminator' to surrender.
Categories: BBC, News

No Barca deal for Bale - Redknapp

BBC - News - Wed, 2026-05-06 04:09
Harry Redknapp denies Tottenham have agreed a £32m deal with Spanish giants Barcelona for Welsh winger Gareth Bale.
Categories: BBC, News

Facebook tests 'pay to post' tool

BBC - News - Wed, 2026-05-06 04:09
Some Facebook users are getting the chance to pay a small fee to make some posts 'more visible' on the social network.
Categories: BBC, News

'No progress' for China dissident

BBC - News - Wed, 2026-05-06 04:09
Chen Guangcheng, the Chinese dissident who escaped house arrest and hid in the US embassy, says there is no progress on his passport application.
Categories: BBC, News

Dewani trial 'when mentally fit'

BBC - News - Wed, 2026-05-06 04:09
Shrien Dewani will stand trial for allegedly arranging the murder of his wife Anni when he is mentally fit, a South African court has been told.
Categories: BBC, News

CA9: Probation search could occur while probation term extended by pending revo petition

FourthAmendment.com - News - Wed, 2026-05-06 04:09

Defendant’s probation was not over for purposes of this probation search where a petition to revoke had been filed and unresolved at the time of the his search, effectively extending probation. United States v. Izatt, 2012 U.S. App. LEXIS 9528 (9th Cir. May 10, 2012).*

There was probable cause and nexus for a search warrant of defendant’s house where he left the house to go directly to a drug deal. United States v. Thornton, 2012 U.S. Dist. LEXIS 65652 (E.D. Pa. May 10, 2012).*

Defendant got a Franks hearing, and it was readily apparent that the proof failed. Faced with that, the defense still didn’t withdraw the motion. United States v. Villar, 2012 U.S. Dist. LEXIS 65528 (S.D. Fla. May 1, 2012).*

Opinion: Nuke blast could starve world

CNN - Top Stories - Wed, 2026-05-06 04:09
Jayantha Dhanapala and Ira Helfand say a limited nuclear exchange between two lesser powers could set off world famine. The Cold War is over; time to get rid of our arsenals
Categories: CNN, News

Andrew admits England challenge

BBC - News - Wed, 2026-05-06 04:09
RFU operations director Rob Andrew admits that Stuart Lancaster's England team have a "tough six months" ahead of them.
Categories: BBC, News

Biden proves catalyst for Obama on gay marriage

AP - Politics - Wed, 2026-05-06 04:09
WASHINGTON (AP) -- Sorry, Mr. President....

Biden proves catalyst for Obama on gay marriage

AP - U.S. News - Wed, 2026-05-06 04:09
WASHINGTON (AP) -- Sorry, Mr. President....
Categories: Associated Press, News, US

Biden proves catalyst for Obama on gay marriage

AP - Politics - Wed, 2026-05-06 04:09
WASHINGTON (AP) -- Sorry, Mr. President....

Accused denies river manslaughter

BBC - News - Wed, 2026-05-06 04:09
A 26-year-old man has appeared in court charged with the manslaughter of Owen McKeown, who drowned in the River Bann last weekend.
Categories: BBC, News

Cameron's 'LOL' texts to Brooks

BBC - News - Wed, 2026-05-06 04:09
David Cameron signed off some text messages to Rebekah Brooks with the acronym LOL until she told him it meant 'laugh out loud', she tells the Leveson Inquiry.
Categories: BBC, News

Bullying 'common' at NHS Lothian

BBC - News - Wed, 2026-05-06 04:09
NHS Lothian has an "inappropriate management culture" which originates from the top level, according to a new report.
Categories: BBC, News

Opinion: 'Dictator' film a minstrel show

CNN - Top Stories - Wed, 2026-05-06 04:09
Dean Obeidallah says Sacha Baron Cohen's portrayal of an Arab uses buffoonish negative stereotypes instead of comedy based on real culture
Categories: CNN, News

VIDEO: Courtroom drama during Breivik trial

BBC - News - Wed, 2026-05-06 04:09
The trial of the Norwegian mass killer, Anders Bering Breivik, has been disrupted by an outburst from a relative of one of his victims.
Categories: BBC, News

CA8: Plaintiff’s allegations that force was applied to coerce consent to search survives qualified immunity claim

FourthAmendment.com - News - Wed, 2026-05-06 04:09

Plaintiff’s allegations that force was applied to coerce consent to search survives qualified immunity claim in a 1983 case. Hemphill v. Hale, 2012 U.S. App. LEXIS 9483 (8th Cir. May 10, 2012):

In Chambers, we held that evidence of de minimis injury does not necessarily foreclose a Fourth Amendment excessive-force claim, that the force alleged was not reasonable under the circumstances, but that defendants were entitled to qualified immunity because the state of the law in August 2005 was such that a reasonable officer could have believed that as long as he did not cause more than de minimis injury to an arrestee, he would not violate the Fourth Amendment. See Chambers, 641 F.3d at 904, 906-08.

Chambers, however, did not address the situation alleged here: that the force was used in an attempt to coerce consent to a search. While in Chambers we stated that "[p]olice officers undoubtedly have a right to use some degree of physical force, or threat thereof, to effect a lawful seizure," see id. at 907, we agree with the district court that officers do not have the right to use any degree of physical force or threatened force to coerce an individual to consent to a warrantless search of his home. See United States v. Drayton, 536 U.S. 194, 201 (2002) (law enforcement officers may request consent to search "provided they do not induce cooperation by coercive means"); United States v. Thomas, 93 F.3d 479, 486 (8th Cir. 1996) (consent to search may not be result of "'duress or coercion, express or implied'" (internal citation omitted)); cf. Wilkins v. May, 872 F.2d 190, 194 (7th Cir. 1989) (showing of physical injury required to state Fourth Amendment excessive-force claim for force used in course of arrest is not required in situations not involving arrest, such as during interrogation). Because no use of force to obtain Hemphill's consent to search would have been reasonable, the force Hale was alleged to have used-grabbing Hemphill by the neck, choking him, and hitting him two or three times while he was handcuffed-was objectively unreasonable given the facts and circumstances in the case. See Graham v. Connor, 490 U.S. 386, 396-97 (1989) (officer's use of force violates Fourth Amendment when it is objectively unreasonable given facts and circumstances of particular case, judged from perspective of reasonable officer at scene). The law regarding forced consent was clearly established in August 2009 such that a reasonable person in Hale's position would have known that his actions were unreasonable. See Drayton, 536 U.S. at 201; Thomas, 93 F.3d at 486.

The order denying qualified immunity is affirmed.

Vesta is 'last of a kind' rock

BBC - News - Wed, 2026-05-06 04:09
The Vesta asteroid is the only remaining example of the original objects that came together to form the rocky planets like Earth, say scientists.
Categories: BBC, News

Does it matter that Mark Zuckerberg wears a hoodie?

BBC - News - Wed, 2026-05-06 04:09
Mark Zuckerberg was criticised for wearing a hoodie to important business presentations. But do his clothes really matter?
Categories: BBC, News

Crows know familiar human voices

BBC - News - Wed, 2026-05-06 04:09
Crows recognise and respond to familiar human voices and the calls of other bird species, according to researchers.
Categories: BBC, News
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