SearchSupport ReformAny amount helps!
Reform NewsTopicsUser loginVote ReformOrganizationNavigationUpcoming eventsActive forum topicsNew forum topicsBrowse archives
PollWho's onlineThere are currently 0 users and 25 guests online.
Who's new
Recent blog posts
|
news aggregatorAUDIO: 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.
Ukraine postpones summit boycotted over TymoshenkoKHARKIV, Ukraine (AP) -- Ukraine on Tuesday was reduced to calling off a Central Europe regional summit after most heads of state boycotted it over the treatment of jailed former Prime Minister Yulia Tymoshenko....
Ukraine postpones summit boycotted over TymoshenkoKHARKIV, Ukraine (AP) -- Ukraine on Tuesday was reduced to calling off a Central Europe regional summit after most heads of state boycotted it over the treatment of jailed former Prime Minister Yulia Tymoshenko....
Report: Schools key to fighting America's obesityWASHINGTON (AP) -- Schools should be a cornerstone of the nation's obesity battle, but to trim Americans' waistlines, changes are needed everywhere people live, work, play and learn, a major new report says....
Report: Schools key to fighting America's obesityWASHINGTON (AP) -- Schools should be a cornerstone of the nation's obesity battle, but to trim Americans' waistlines, changes are needed everywhere people live, work, play and learn, a major new report says....
Report: Schools key to fighting America's obesityWASHINGTON (AP) -- Schools should be a cornerstone of the nation's obesity battle, but to trim Americans' waistlines, changes are needed everywhere people live, work, play and learn, a major new report says....
More Olympic tickets to be soldSome 900,000 tickets for this summer's London Olympics are going back on sale, starting on Friday for people who were unsuccessful in both ballots.
SA ruling over Zimbabwe tortureSouth Africa must investigate Zimbabwean officials over allegations they tortured opposition figures in 2007, a Pretoria high court rules.
Israeli PM Netanyahu unveils new 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 bold action on peace with the Palestinians and decide whether to attack Iran....
MI6 screening possible over spyMI6 staff may have their DNA screened as police reinvestigate the death of spy Gareth Williams, Met Police Commissioner Bernard Hogan-Howe confirms.
Anti-bailout party leads Greek coalition talksATHENS, Greece (AP) -- The head of a left-wing party opposed to the terms of Greece's bailout got the mandate Tuesday to try to form a new government after an election produced a stalemate in parliament....
Lugar loses primary fightSpecial 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....
|
InfoWars.comTruthNews.US - News
www.NewsWithViews.com
News
|
Recent comments
16 years 17 weeks ago
16 years 48 weeks ago
18 years 34 weeks ago
18 years 45 weeks ago
18 years 46 weeks ago
18 years 47 weeks ago
18 years 47 weeks ago
18 years 47 weeks ago
19 years 1 day ago
19 years 1 day ago