US

Jurors in Edwards trial will resume talks Monday

AP - U.S. News - Sun, 2025-06-08 01:51
GREENSBORO, N.C. (AP) -- A jury deliberated for about five hours Friday in John Edwards' campaign corruption trial involving money from wealthy donors that was used to hide his pregnant mistress during his 2008 White House bid. Talks will resume Monday, but the jury has already made several requests for evidence and office supplies, a sign they may be settling in for detailed discussions....
Categories: Associated Press, News, US

Chaplain: Seau's brain to be donated for research

AP - U.S. News - Sun, 2025-06-08 01:51
SAN DIEGO (AP) -- The family of former NFL star Junior Seau will donate his brain for research into repetitive head injuries....
Categories: Associated Press, News, US

Postal Service: House must act to stem mail losses

WASHINGTON — With financial losses mounting, the nearly bankrupt U.S. Postal Service is urging the House to quickly pass legislation that would give it wide authority to close thousands of low-revenue post offices, reduce labor costs and end Saturday delivery.

At its meeting Friday, the Postal Service's board of governors ...

Md. teenager pleads guilty in terror case in Pa.

AP - U.S. News - Sun, 2025-06-08 01:51
PHILADELPHIA (AP) -- A Maryland teen pleaded guilty Friday to U.S. terror charges for offering assistance to an American woman who dubbed herself "Jihad Jane" and supported an Irish terror cell bent on waging a Muslim holy war in Europe....
Categories: Associated Press, News, US

Ohio zoo returns surviving exotic animals to widow

AP - U.S. News - Sun, 2025-06-08 01:51
COLUMBUS, Ohio (AP) -- An Ohio zoo on Friday returned five surviving exotic animals to a woman whose husband released dozens of wild creatures last fall before he committed suicide....
Categories: Associated Press, News, US

42 years after Kent State, survivors want answers

AP - U.S. News - Sun, 2025-06-08 01:51
KENT, Ohio (AP) -- Seven people wounded by Ohio National Guard gunfire at Kent State University 42 years ago Friday have renewed an appeal for answers to lingering questions, such as whether an order to fire was given....
Categories: Associated Press, News, US

AP apologizes for firing reporter over WWII scoop

NEW YORK (AP) — In World War II's final moments in Europe, Associated Press correspondent Edward Kennedy gave his news agency perhaps the biggest scoop in its history. He reported, a full day ahead of the competition, that the Germans had surrendered unconditionally at a former schoolhouse in Reims, France.

...

Former media mogul Conrad Black is released

MIAMI (AP) — Former media mogul Conrad Black was released from a federal prison in Miami early Friday after serving about three years for defrauding investors.

Bureau of Prisons spokesman Chris Burke did not give an exact time on when Black was released and said he didn't have any other ...

Former media mogul Conrad Black is released

AP - U.S. News - Sun, 2025-06-08 01:51
MIAMI (AP) -- Former media mogul Conrad Black was released from a federal prison in Miami early Friday and faced deportation after serving about three years for defrauding investors....
Categories: Associated Press, News, US

Experts unlike ruling in Facebook speech case

AP - U.S. News - Sun, 2025-06-08 01:51
NORFOLK, Va. (AP) -- The "like" button on Facebook seems like a relatively clear way to express your support for something, but a federal judge says that doesn't mean clicking it is constitutionally protected speech....
Categories: Associated Press, News, US

Falling bear in Colo. campus photo killed by car

BOULDER, Colo. — Authorities say a bear tranquilized on a Colorado campus last week and widely viewed in photos as it fell from a tree has been killed by a car.

Colorado Parks and Wildlife officials say the black bear was struck on U.S. 36 around dawn Thursday.

Spokeswoman Jennifer ...

S.D.N.Y.: First SW wasn't executed and second was obtained; first was valid and obviated any claim from the second

FourthAmendment.com - News - Sun, 2025-06-08 01:51

The government got a search warrant with information from a CI in a white collar case. Instead of executing the warrant, the government gathered some more information, resubmitted the information and obtained a second search warrant which was executed. The alleged Franks violation was not material to the second search warrant’s issuance, and there was plenty of probable cause in the first application. United States v. Mandell, 2012 U.S. Dist. LEXIS 60925 (S.D. N.Y. May 1, 2012)* [Note: Any problems with the second warrant likely weren't sufficient to suppress, but this was an easier resolution of the case.]

Defendant was suspected of possession of drugs, but his driving justified a reasonable suspicion stop for likely possession of drugs. The stop was valid, and there was actually probable cause for the search of the car and search incident for drugs. State v. Watkins, 2012 N.C. App. LEXIS 588 (May 1, 2012).*

The defendants were suspected of possession of stolen property moving in interstate commerce. The government did a fly over and spotted a mini excavator nearby which was never established to be on their property. Officers driving by noticed four trailers and they were suspected of having stolen trailers. Officers got a search warrant to enter the property, and it was valid and with probable cause. In any event, the excavator was on open fields 500' from their house. United States v. Young, 2012 U.S. App. LEXIS 8958 (4th Cir. April 30, 2012).*

PRUDEN: Nary kiss nor hug for the blind activist in China

Barack Obama says he agrees with Abraham Lincoln (you could ask him) that America is "the exceptional nation," a nation unique in a world of moral squalor, a beacon of hope for the "tired, the poor, the huddled masses yearning to breathe free." But sometimes cold pragmatism demands the exceptional ...

NJ: Community caretaking function did not permit officers responding to noise complaint to enter bedrooms of house

FourthAmendment.com - News - Sun, 2025-06-08 01:51

Officers responding to a noise complaint at a loud party and seemingly invited in to the living room by an unknown guest were not entitled to go to the bedrooms and open doors under the community caretaking function. State v. Kaltner, 2012 N.J. LEXIS 502 (May 1, 2012), aff’g per curiam 420 N.J. Super. 524, 22 A.3d 77 (2011):

The panel explained that the community caretaking exception to the warrant requirement requires a case-by-case, fact-sensitive analysis. The relevant question focuses on the objective reasonableness of the police action under the circumstances, and requires that the court balance the nature of the intrusion necessary to handle the perceived threat to the community caretaking concern, the seriousness of the underlying harm to be averted, and the relative importance of the community caretaking concern. The panel concluded that the police action in this case was not constitutionally permitted. Although the officers' entry into the dwelling was initially justified, their subsequent action in fanning out and conducting, in essence, a full-blown search of the home was not reasonably related in scope to the circumstances that justified the entry in the first place, nor was it carried out in a manner consistent with the factors supporting the entry's initial legitimacy. As explained by the motion judge, the objective of noise abatement could have been achieved well short of the officers' full-scale search. For example, given the number of officers present and the fact that the offending noise emanated from the crowd itself, the officers could easily have dispersed the partiers.

After balancing the competing interests, including the important privacy interest in one's home, the breadth and extent of the invasion of the entire premises, the limited nature of the community caretaking concern, and the relatively low threat posed in light of the available less-drastic options, the panel concluded that Officer Camacho was not lawfully in the hallway outside Kaltner's bedroom when he viewed the evidence, and the plain-view doctrine did not excuse his entry into the bedroom and seizure of the drugs.

FoxNews.com: "Taking Liberties: Cab driver isn't paranoid, the government IS watching him"

FourthAmendment.com - News - Sun, 2025-06-08 01:51

FoxNews.com: Taking Liberties: Cab driver isn't paranoid, the government IS watching him by Douglas Kennedy:

Just because taxi driver Andre Olczak believes he’s being watched, doesn’t mean he’s paranoid

In fact, he’s not only being watched, he’s being monitored every second while he’s at work.

“It’s terrible,” he says as he drives his yellow cab on W. 48th St. in midtown Manhattan.

“They are constantly watching me.”

“They” are the TLC, or Taxi and Limousine Commission, the government body that licenses taxi drivers in New York City. In 2007, the TLC required all cabbies to install GPS or Global Positioning System devices to monitor their locations, speed and meters while they’re driving.

My last post about TLC's GPS monitoring was back in September 2010. Are taxicabs “highly regulated” for fare ripoffs? FoxNews being FoxNews, it probably does not have a sense of history on this.

E.D.N.Y.: Defendant easily consented to computer search for CP

FourthAmendment.com - News - Sun, 2025-06-08 01:51

Defendant’s consent to a computer search for child pornography was voluntary. He was seemingly gregarious when talking with the officers explaining his obtaining child pornography. [For staleness cases, note that defendant admitted eight years worth of stuff.] United States v. Schaefer, 2012 U.S. Dist. LEXIS 60977 (E.D. N.Y. May 1, 2012):

First, the circumstances surrounding the consent to search were non-coercive. In particular, the Court finds that (1) the defendant was approached at his own residence during the early evening; (2) the two agents and detective who came to his home to speak with him were in plain clothes, and their weapons were not drawn; (3) the agents asked the defendant for permission to enter his home, which he granted; (4) the agents introduced themselves and stated that the reason for the visit related to child pornography; (5) the defendant was never handcuffed or placed in custody by the agents; (6) the entire interview and search took one-half hour; and (7) no threats or promises were made to the defendant during the interview or search.

Second, the defendant orally consented to the search and also signed a written consent form which (1) specifically advised him of his right to refuse consent, (2) stated that he understood that information obtained by the search could be used against him, and (3) stated that no threats or promises had been made in exchange for consent.

Third, with respect to the characteristics of the defendant, the Court notes that the defendant is a 53-year old who graduated high school, reads English, manages a deli department, and is familiar with computers. Thus, his personal characteristics also favor a finding that he voluntarily consented to the search.

Octomom at crossroads, broke and considering porn

AP - U.S. News - Sun, 2025-06-08 01:51
LOS ANGELES (AP) -- From Miracle Mom to Octomom and now, perhaps very soon, Porno Mom, the bizarre life of Nadya Suleman and her 14 children has been a subject that rarely ceases to amaze....
Categories: Associated Press, News, US

Octomom at crossroads, broke and considering porn

AP - U.S. News - Sun, 2025-06-08 01:51
LOS ANGELES (AP) -- From Miracle Mom to Octomom and, perhaps soon, Homeless Mom, the life of Nadya Suleman and her 14 children is a subject that rarely fails to strike a nerve....
Categories: Associated Press, News, US

AP apologizes for firing reporter over WWII scoop

AP - U.S. News - Sun, 2025-06-08 01:51
NEW YORK (AP) -- In World War II's final moments in Europe, Associated Press correspondent Edward Kennedy gave his news agency perhaps the biggest scoop in its history. He reported, a full day ahead of the competition, that the Germans had surrendered unconditionally at a former schoolhouse in Reims, France....
Categories: Associated Press, News, US

AP apologizes for firing reporter over WWII scoop

AP - U.S. News - Sun, 2025-06-08 01:51
NEW YORK (AP) -- In World War II's final moments in Europe, Associated Press correspondent Edward Kennedy gave his news agency perhaps the biggest scoop in its history. He reported, a full day ahead of the competition, that the Germans had surrendered unconditionally at a former schoolhouse in Reims, France....
Categories: Associated Press, News, US
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