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USPA applies its "unique" independence source ruleApplying the “unique” Pennsylvania independence source rule, and pending two years before it was decided, is Commonwealth v. Henderson, 2010 Pa. LEXIS 3074 (April 25, 2010)*: In the present circumstances, we are unwilling to enforce a "true independence" rule in the absence of police misconduct and on pain of the Commonwealth being forever barred from obtaining non-evanescent evidence connecting Appellant with his crimes. In answer to the specific question presented, we hold that suppression is not required on account of Detective Evans' status as a member of the same police department as Detective Johnson. Rather, in light of the factual circumstances before the Court in both Melendez and Mason, we deem it appropriate to limit the independent police team requirement to situations in which the rule prevents police from exploiting the fruits of their own willful misconduct. Where such malfeasance is not present, we agree with the Superior Court that the Murray standard strikes the appropriate balance between privacy and law enforcement. See Lloyd, 948 A.2d at 881-82. Ultimately, we believe the "twin aims" of Article I, Section 8 — namely, the safeguarding of privacy and enforcement of the probable-cause requirement — may be vindicated best, and most stably, by taking a more conservative approach to the departure this Court has taken from the established Fourth Amendment jurisprudence. Judge refuses to issue gag order in Zimmerman caseORLANDO, Fla. (AP) -- A judge has refused the prosecution's request and will not issue a gag order on those involved in the George Zimmerman murder trial....
Obama targets diploma mills that market to vetsWASHINGTON (AP) -- The Obama administration wants to trademark the term "GI Bill" in an effort to shield veterans and military families being swindled or misled by schools that target their federal education benefits....
S.D.Ind.: Admission at time of search place was not defendant's showed no standingDefendant denied he had a connection to the house at the time of the search, and that indicated that he had no standing. United States v. Sayles, 2012 U.S. Dist. LEXIS 57596 (S.D. Ind. April 25, 2012).* Police officers sought a search warrant for defendant’s house to attempt to corroborate an allegation of sexual assault there. They were there to photograph the interior. Once inside, they found marijuana and guns in plain view. They got a second search warrant to seize them, and it was valid. United States v. Bogie, 2012 U.S. Dist. LEXIS 57831 (D. Vt. April 25, 2012).* The trial court did not err in crediting defendant’s statement to the officer that he consented and a search warrant was not required. State v. Wright, 2012 Ohio 1809, 2012 Ohio App. LEXIS 1587 (5th Dist. April 23, 2012).* MA: Some impoundment of SW materials is possible on a showing of necessity by the stateRecognizing the right of access to search warrant papers by the target of a search and the press, the state sought impoundment of the records for a brief time until indictment, and this was reasonable under the circumstances. [The case also contains a summary of the law on access to materials.] New England Internet Café v. Clerk of the Superior Court for Criminal Business in Suffolk County, 2012 Mass. LEXIS 343 (April 25, 2012): In sum, we do not agree with the plaintiffs that the Fourth Amendment requires that the target of government searches be given access to the materials supporting them prior to indictment or that an analysis separate from our recognized "good cause" analysis is required whenever a Fourth Amendment interest is asserted. On the other hand, we do not agree with the Commonwealth that the privacy and property interests protected by the Fourth Amendment's constraint on unreasonable searches are irrelevant to a judge's balancing of the interests of the parties in the circumstances presented here. With this in mind, we turn to the manner in which the judge balanced the respective interests of the parties before us. After reviewing both the warrant affidavits and the assistant attorney general's affidavit on good cause, the judge concluded that "the contents of the affidavits are unexceptional." As he explained, and we so conclude after our own review of the impounded materials, the affidavits portray a generic gaming experience at a public place of business; they are innocuous and do not expose any secretive investigative techniques or clandestine operations. In light of the judge's findings, and the opportunity he properly extended to the Commonwealth to suggest the redaction of information that it believed was particularly sensitive, the Commonwealth's interest in preserving the secrecy of its ongoing investigation as described in the affidavits, while ordinarily compelling, was considerably diminished. See In re Search Warrants Issued August 29, 1994, 889 F. Supp. 296, 302 (S.D. Ohio 1995) ("redaction of the original affidavit is feasible and would meet the government's concerns regarding any ongoing criminal investigation"). Contrary to the Commonwealth's contention that the judge overlooked critical information pertinent to the good cause analysis, his acknowledgment of potentially sensitive information worthy of redaction reflects an appreciation of the Commonwealth's purported needs, as well as his conclusion that the Commonwealth had failed to demonstrate good cause to shield the documents in their entirety. On the other side of the scale, the judge properly considered the extent of the materials seized from the plaintiffs, the closure of the plaintiffs' businesses, and the fact that, nearly two and one-half months after the searches had been executed, the plaintiffs had not yet been charged with a crime. There was no abuse of discretion. The judge's order allowing the plaintiffs' emergency motion to modify or terminate the impoundment order is affirmed. Minn. terminal reopens after bag causes evacuationMINNEAPOLIS (AP) -- Officials say a Minneapolis-St. Paul airport terminal has reopened after a suspicious bag prompted an early morning evacuation....
Judge wants to know more about Zimmerman financesSANFORD, Fla. (AP) — Calling it an "oversight," George Zimmerman's attorney said Friday the neighborhood watch volunteer did not disclose that a website had raised more than $200,000 for his defense, even though his family told the judge they would have trouble coming up with his bond. N.D.Ga.: State ID card with address of place searched is a factor in standing, but not determinativeJust because defendant had a state ID card with the address of the place searched doesn’t mean that he had standing. It is a factor, but it isn’t determinative. Here, the USMJ’s conclusion of no standing was supported by the record. United States v. Langford, 2012 U.S. Dist. LEXIS 57894 (N.D. Ga. April 24, 2012). Stop of bus at a border checkpoint also involved a stop of a Jeep following the bus. They were suspected to be traveling together, and a few facts were confirmed which drew that reasonable conclusion, and there was reasonable suspicion. United States v. Finley, 2012 U.S. Dist. LEXIS 57926 (S.D. Tex. April 25, 2012).* An IP address was associated with accessing child pornography, and it tied to an address. The police investigated the address and linked defendant to it. There was a substantial basis for issuance of the search warrant for the premises by the link of the IP address. United States v. Wunderli, 2012 U.S. Dist. LEXIS 57964 (E.D. Mo. March 27, 2012).* Richmond Times Dispatch: "Police to end 'wake-up calls' effort"Richmond Times Dispatch: Police to end 'wake-up calls' effort by Reed Williams: One day after a civil liberties group blasted the Richmond Police Department for knocking on doors late at night to tell residents they are at risk of car break-ins, the department said it's ending the practice next week. Since when has any police group cared what any "civil liberties group" thinks? This is more fundamental a realization. Widow of civil rights activist wants him homeSIOUX FALLS, S.D. (AP) -- When civil rights activist Ray Robinson arrived at Wounded Knee in April 1973 to stand alongside Native Americans in their fight against social injustice, he excitedly called his wife back home and told her, "This could be the spark that lights the prairie fire."...
PRUDEN: It's Romney vs. guilt and giltANALYSIS/OPINION: Mitt Romney's finally the last man standing, and he finally found the voice he'll need to overcome the formidable Democratic weapons of money, guilt and gilt. "After 43 primaries and caucuses," he told a boisterous crowd in Manchester, N.H., where the marathon began, "after many long days and more ... Study: Most victims knew Ala. twisters were comingATLANTA (AP) -- Most of the victims of last year's epic tornado outbreak in Alabama had at least one thing in common: They knew the storm was coming....
Study: Most victims knew Ala. twisters were comingATLANTA (AP) -- Most of the victims of last year's epic tornado outbreak in Alabama had at least one thing in common: They knew the storm was coming....
Study: Most victims knew Ala. twisters were comingATLANTA (AP) -- Most of the victims of last year's epic tornado outbreak in Alabama had at least one thing in common: They knew the storm was coming....
Study: Most victims knew Ala. twisters were comingATLANTA (AP) -- Most of the victims of last year's epic tornado outbreak in Alabama had at least one thing in common: They knew the storm was coming....
House vote sets up Senate cybersecurity showdownWASHINGTON (AP) -- The House's solid bipartisan vote for a cybersecurity bill sends a message to the Senate: Now it's your turn to act....
House vote sets up Senate cybersecurity showdownWASHINGTON (AP) -- The House's solid bipartisan vote for a cybersecurity bill sends a message to the Senate: Now it's your turn to act....
House vote sets up Senate cybersecurity showdownWASHINGTON (AP) -- The House's solid bipartisan vote for a cybersecurity bill sends a message to the Senate: Now it's your turn to act....
Top al-Qaida bomb maker in Yemen resurfacesWASHINGTON (AP) -- When a drone strike killed one of the leaders of al-Qaida's affiliate in Yemen last year, U.S. intelligence officials thought they also had wiped out the terrorist group's top bomb maker....
House GOP set to curb college student loan costsWASHINGTON (AP) -- Republican leaders are ready to try pushing legislation through the House holding down interest rates on federal loans to millions of college students....
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