US

Ohio prepares to execute 1st inmate in 6 months

AP - U.S. News - Sun, 2025-05-25 11:38
COLUMBUS, Ohio (AP) -- After her family's farmhand went to prison for burglary in 1983, Carol Klima wrote the Ohio Parole Board to support his bid for early release....
Categories: Associated Press, News, US

Woman charged with murder in shooting of Texas mom

AP - U.S. News - Sun, 2025-05-25 11:38
SPRING, Texas (AP) -- A woman has been charged with capital murder in the shooting of a young mother and the abduction of her newborn son near Houston, a prosecutor said Wednesday....
Categories: Associated Press, News, US

More photos of troops posing with corpses

AP - U.S. News - Sun, 2025-05-25 11:38
WASHINGTON (AP) -- In an embarrassment to the Pentagon, newly published photographs purport to show U.S. troops posing with the bodies of dead insurgents in Afghanistan....
Categories: Associated Press, News, US

D.C.Cir.: Presence of firearms in SW justified no announcement on entry

FourthAmendment.com - News - Sun, 2025-05-25 11:38

Officers’ alleged failure knock before entry was entitled to qualified immunity or was constitutionally justified. The officers knew that a gun was likely involved, and the search warrant included weapons. Under Richards and Wilson, this was sufficient to dispense with announcement for officer safety. Youngbey v. March, 2012 U.S. App. LEXIS 7630 (D.C. Cir. April 17, 2012).*

Defendants were moving around from room to room in a hotel, and vacated two rooms. The police had probable cause to search the rooms they were in as well as the abandoned rooms for firearms. A gun was actually abandoned in one of the vacated rooms. United States v. Albury, 2012 U.S. Dist. LEXIS 53644 (M.D. Fla. April 17, 2012).*

Officers searching a computer hard drive had the benefit of the plain view doctrine when they came upon obvious chat logs and foreign travel information. United States v. Johnston, 2012 U.S. Dist. LEXIS 53323 (E.D. Cal. April 16, 2012).*

Obama signals for 2012: It's all about the economy

AP - U.S. News - Sun, 2025-05-25 11:38
WASHINGTON (AP) -- In an election season when the economy is king, the central debate between President Barack Obama and GOP challenger Mitt Romney comes down to what is enough. Enough growth in the economy. Enough job creation. Enough help for those still struggling to get back on their feet....
Categories: Associated Press, News, US

E.D. Tenn.: Defendant's refusal to submit to arrest and flight showed he was not seized

FourthAmendment.com - News - Sun, 2025-05-25 11:38

The traffic stop of car defendant was in was justified by occupants not using seatbelts. Defendant refused to submit and fled, and he was never seized. United States v. Lindsey, 2012 U.S. Dist. LEXIS 52250 (E.D. Tenn. February 3, 2012):

Because the Fourth Amendment governs actual seizure, not attempted seizures, the government need not justify Officer Fielden's attempt to stop Defendant. United States v. Smith, No. 10-1551, 2012 WL 181393 (6th Cir. Jan. 24, 2012) (holding that police need not justify their attempt to stop a defendant who evades their attempt). If a suspect is not seized because he evades the police, the Fourth Amendment is simply not implicated. Brendlin, 551 U.S. at 254; United States v. George, No. 10-6159, 2012 WL 128402, at *1 (6th Cir. Jan. 17, 2012) ("Without actual submission, 'there is at most an attempted seizure.'") (quoting Jones, 562 F.3d at 774 and Brendlin, 551 U.S. at 254); United States v. Smith, 594 F.3d 530, 535-36 (6th Cir. 2010) ("In order for a seizure to occur, the encounter must not be consensual and the officers must use physical force or the individual must submit to the officers' show of authority.").

The government does not dispute that Officer Fielden engaged in a show of authority. Defendant does not appear to contest that he failed to submit to Officer Fielden's show of authority; instead, Defendant contends he was seized, perhaps by physical force, the moment Officer Fielden's gun was drawn and pointed at him. The case law simply does not support Defendant's position.

Boehner says Obama can't run on economic record

AP - U.S. News - Sun, 2025-05-25 11:38
WASHINGTON (AP) -- House Speaker John Boehner (BAY'-nur) says President Barack Obama can't run for re-election on his economic record so his campaign will "pull out every bogey man that they can."...
Categories: Associated Press, News, US

S.D.Ill.: Defendant's initial denial of connection to premises to consent denied him standing

FourthAmendment.com - News - Sun, 2025-05-25 11:38

Defendant was seen at the scene of four controlled buys and was believed involved himself, and the totality gave probable cause. Thus, the search incident of his person and car were supported by probable cause. Defendant initially denied any connection to the premises, disclaiming an ability to consent. Officers then went to the door and talked to the occupant and got consent. Defendant made no effort to show standing, so he can’t object to the consent of another. United States v. Sayles, 2012 U.S. Dist. LEXIS 53070 (S.D. Ill. April 16, 2012).*

Defendant was arrested for carjacking, and keys were found on his person. The officer could remove the keys as a potential weapon or because there was probable cause to connect him to the carjacking under the search incident doctrine. United States v. Yancy, 2012 U.S. Dist. LEXIS 52394 (W.D. Tenn. April 13, 2012).*

Defendant’s detention was legal, so that did not change the government’s burden of showing consent, which the court finds to be voluntary. United States v. Armenta, 2012 U.S. Dist. LEXIS 52729 (D. Utah April 12, 2012).*

Texas nurse admits to shooting mom, abducting baby

SPRING, Texas (AP) — A nurse has admitted to fatally shooting a young mother in a town near Houston and abducting the dying woman's newborn son whom she apparently intended to adopt, authorities said Wednesday.

Verna McClain is charged with capital murder in the killing of 28-year-old Kala Marie Golden. ...

S.D.W.Va.: Discusses the "hierarchy among tenants" for apparent authority

FourthAmendment.com - News - Sun, 2025-05-25 11:38

Police came to defendant’s house on a child welfare call and asked to come in, and they were permitted. The court discusses the "hierarchy among tenants" for apparent consent. United States v. MacArthur, 2012 U.S. Dist. LEXIS 52269 (S.D. W.Va. April 13, 2012):

Co-tenant consent may also be limited where a hierarchy among tenants in authority over the premises makes the consent of one insufficient to validate a search of the entire premises. For example, although a short-term guest has a reasonable expectation of privacy in his temporary quarters, Minnesota v. Olson, 495 U.S. 91, 99, 110 S. Ct. 1684, 109 L. Ed. 2d 85 (1990), his control over all portions of the home where he stays may not be as extensive that of the owner, or a more permanent co-tenant. See Olson, 495 U.S. at 99 ("From the overnight guest's perspective, he seeks shelter in another's home precisely because it provides him with privacy, a place where he and his possessions will not be disturbed by anyone but his host and those his host allows inside.") (emphasis added); see also State v. Grant, 614 N.W. 2d 848, 853 (Iowa App. 2000) ("an overnight guest's legitimate expectation of privacy does not vitiate the homeowner's ability to consent to a search of his home.") (collecting cases).

US, NATO ready plan to hand off Afghanistan combat

AP - U.S. News - Sun, 2025-05-25 11:38
BRUSSELS (AP) -- The United States and its NATO allies are readying plans to pull away from the front lines in Afghanistan next year as President Barack Obama and fellow leaders try to show that the unpopular war is ending....
Categories: Associated Press, News, US

Bomb-maker in NYC subway plot testifies

AP - U.S. News - Sun, 2025-05-25 11:38
NEW YORK (AP) -- The full beard he wore at the time of his arrest well over two years ago was gone, replaced by closely cropped hair both on his face and head....
Categories: Associated Press, News, US

Herald American: "School wants to test all students for drugs"

FourthAmendment.com - News - Sun, 2025-05-25 11:38

Herald American: School wants to test all students for drugs by Christopher O'Donnell:

SARASOTA COUNTY - Students as young as 11 years old would be tested for use of marijuana, pills, cocaine and heroin under a proposal by a North Port charter school that wants to institute the region's most aggressive student testing program.

Imagine School at North Port hopes to begin drug testing students at its junior high school campus next school year, including sixth-graders. Students would be required to pass a drug test to attend the school and pass at least one random drug test per year to remain enrolled.

Another drug testing program that can't survive even minimal Fourth Amendment scrutiny. Why do the legislatures want to make civil rights lawyers money?

Author faces civil suit over 'Three Cups of Tea'

AP - U.S. News - Sun, 2025-05-25 11:38
HELENA, Mont. (AP) -- After making a $1 million deal to settle allegations that he misused his charity's money and resources, author and humanitarian Greg Mortenson now must face accusations that he fabricated parts of his best-selling books "Three Cups of Tea" and "Stones Into Schools."...
Categories: Associated Press, News, US

Arrest, body discovery in search for Calif. woman

AP - U.S. News - Sun, 2025-05-25 11:38
SAN DIEGO (AP) -- One woman was arrested on suspicion of murder. The body of another was discovered near a lake some 70 miles away....
Categories: Associated Press, News, US

Where's a Yellowstone bear? Look on your phone

AP - U.S. News - Sun, 2025-05-25 11:38
CHEYENNE, Wyo. (AP) -- For wildlife enthusiasts hoping to catch a glimpse of wolves, grizzly bears and bison at Yellowstone National Park, the best place to be on the lookout may soon be a cellphone....
Categories: Associated Press, News, US

Where's a Yellowstone bear? Look on your phone

AP - U.S. News - Sun, 2025-05-25 11:38
CHEYENNE, Wyo. (AP) -- For wildlife enthusiasts hoping to catch a glimpse of wolves, grizzly bears and bison at Yellowstone National Park, the best place to be on the lookout may soon be a cellphone....
Categories: Associated Press, News, US

Ga. handcuff case renews school policing debate

AP - U.S. News - Sun, 2025-05-25 11:38
ALBUQUERQUE, N.M. (AP) -- A New Mexico teacher asked a 13-year-old girl to stop talking with her friend and move to another seat. The girl refused. The teacher called the police....
Categories: Associated Press, News, US

Ga. handcuff case renews school policing debate

AP - U.S. News - Sun, 2025-05-25 11:38
ALBUQUERQUE, N.M. (AP) -- A New Mexico teacher asked a 13-year-old girl to stop talking with her friend and move to another seat. The girl refused. The teacher called the police....
Categories: Associated Press, News, US

Ga. handcuff case renews school policing debate

AP - U.S. News - Sun, 2025-05-25 11:38
ALBUQUERQUE, N.M. (AP) -- A New Mexico teacher asked a 13-year-old girl to stop talking with her friend and move to another seat. The girl refused. The teacher called the police....
Categories: Associated Press, News, US
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