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SANFORD, Fla. (AP) — Telling Trayvon Martin's parents and a national TV audience "I am sorry for the loss of your son," neighborhood watch volunteer George Zimmerman took the witness stand in an extraordinary move Friday during his bail hearing, making his first public comments since fatally shooting the unarmed ...

Defendant worked for a business as a bookkeeper and he kept records on his work computer and one the company provided at this house. While he was on a trip, the company received mail that suggested that defendant was embezzling from it. They checked the work computer and did not find records for a whole year. They went to his house and asked for the work computer which his wife provided. Back and work they looked through the computer using the company password and found the evidence of embezzlement, which they gave to the government. This was all a private search not governed by the Fourth Amendment. United States v. Brown, 2012 U.S. Dist. LEXIS 54382 (S.D. Ind. April 18, 2012).*

It was reasonable to impound a vehicle that would have had to be left in a high crime area and was at risk of being broken into. There was not need to give the car to a present potential driver when there was no showing of insurance to drive it and the registration was expired. United States v. McKinnon, 2012 U.S. App. LEXIS 7806 (5th Cir. April 18, 2012)* [Note: The court almost lost me with the insurance comment because that would be shifting the burden. They should have left that out.]

There was reasonable suspicion for defendant’s stop and frisk because it was a high crime area, defendant was walking funny like he had a gun on him, and when he “bladed” the officer could see the outline of a gun. United States v. Carson, 2012 U.S. Dist. LEXIS 54372 (D. N.J. April 18, 2012).*

An officer lawfully in a house shining a flashlight into a bedroom saw a shiny object on a night stand. Suspecting it was a gun, he retrieved it. The gun was in plain view. United States v. Simmons, 2012 U.S. Dist. LEXIS 54190 (S.D. N.Y. April 16, 2012).

Failing to object to a search as it takes place is implied consent. United States v. Simmons, 2012 U.S. Dist. LEXIS 54360 (E.D. Mo. April 4, 2012).* [Note: Can’t agree with this because most people are afraid or unwilling to speak at the time of a search. They are submitting to authority, and the police know it.]

The tipster here was a suspicious person, and the officer getting it clearly did not trust the tipster and called a supervisor for advice after getting the tip a second time. In total, the tipster was could not be relied upon for reasonable suspicion. United States v. Melendez, 2012 U.S. Dist. LEXIS 53663 (S.D. Fla. March 30, 2012).*

ANALYSIS/OPINION:

Romance, requited or not, can be a costly proposition. The Secret Service, guardians of the president, and the Army, guardians of the rest of us, are still trying to tally the dimensions of the carnal carnage at Cartagena.

The General Services Administration (GSA) is still counting what the agency ...

Police received a child welfare call, and responded to defendant’s residence. He consented to an entry to check on the welfare of the children, and a gun and marijuana were found in plain view. The officers could look anywhere children might be found, so the walk through was within the limits of consent. United States v. McArthur, 2012 U.S. Dist. LEXIS 52269 (S.D. W.Va. April 13, 2012).*

Defendant consented to a search of his car for drugs, but he did not consent to seizure and then search of his cell phone. He objected, and the government, which had the burden of proof, offered no response, so the cell phone is suppressed. United States v. Smith, 2012 U.S. Dist. LEXIS 54331 (S.D. Ohio April 18, 2012).

On a remand from the Sixth Circuit, “Defendant's Motion to Suppress Physical Evidence can be disposed of on the grounds that either the Detectives had consent to conduct a search or that the Detectives could conduct a protective sweep.” United States v. Spicer, 2012 U.S. Dist. LEXIS 54306 (S.D. Ohio April 16, 2012).*