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MILWAUKEE (AP) -- Wisconsin voters are just warming up....

MILWAUKEE (AP) -- Wisconsin voters are just warming up....

ISTANBUL (AP) -- Secretary of State Hillary Rodham Clinton conferred with Turkey's prime minister about his nuclear discussions with Iran as the United States began intensively preparing for a round of negotiations between Tehran and world powers to take place within two weeks....

ISTANBUL (AP) -- U.S. Secretary of State Hillary Rodham Clinton expressed doubt Sunday about whether President Bashar Assad would ever adhere to a U.N.-sponsored peace plan to end Syria's year of bloodshed, and urged world solidarity against a regime that she said was waging war on its own people....

ISTANBUL (AP) -- U.S. Secretary of State Hillary Rodham Clinton expressed doubt Sunday about whether President Bashar Assad would ever adhere to a U.N.-sponsored peace plan to end Syria's year of bloodshed, and urged world solidarity against a regime that she said was waging war on its own people....

Searchers on Saturday found the body of renowned long-distance runner Micah True, who vanished four days earlier after heading out from a lodge for a morning run in the rugged wilderness near New Mexico's Gila National Forest....

LOUISVILLE, Ky. (AP) -- Riot police used pepper spray in small amounts for crowd control as thousands of rowdy fans swarmed into the streets near the University of Kentucky campus, overturning cars and lighting couches ablaze after a victory over cross-state rival Louisville in a Final Four matchup....

Officers alleged to have entered the wrong unit during execution of a search warrant then detaining the occupants for three hours stated a § 1983 claim that overcame qualified immunity. Gomez v. Feissner, 2012 U.S. App. LEXIS 6450 (3d Cir. March 30, 2012) (unpublished):

The Gomezes also claim that Feissner and Zola violated their right to be free from unreasonable seizure by detaining them for three hours during the search of their home. A "seizure" occurs when a government officer, "by means of physical force or show of authority ... restrains the liberty of a citizen." Terry v. Ohio, 392 U.S. 1, 19 n.16 (1968). Under clearly established Supreme Court precedent, it is reasonable for officers to seize the occupants of a home while conducting a constitutionally valid search thereof. Michigan v. Summers, 452 U.S. 692, 705 (1981). But this is true only for the duration of the search. When the search if completed, the authority expires. Id. Moreover, under Garrison, it is clearly established that once officers know or should know that they are without authority to continue a seizure, they must end it.

The Gomezes allege that Feissner should have known after fifteen minutes that he had no authority to search their home. It is undisputed that for three hours beyond this point, the Gomezes were involuntarily detained by either Feissner or officers under his command. These allegations suffice to make out a violation of the Gomezes' clearly established right to be free from unreasonable seizure, and Feissner accordingly does not have qualified immunity from this claim.

Note: This case states the obvious. What is galling about it is the defendant police officer arguing with a straight face that he, first, could not only enter the wrong apartment when he was on notice by unit numbers and multiple doorways and satellite dishes, but, second, he could then detain the occupants of the place wrongly searched for three hours for no apparent reason. They should settle and move on, if their position in this case hasn't thoroughly added insult to injury and made trial inevitable. This is the double edged sword of qualified immunity: When the defense loses on qualified immunity, you're only arguing about the damages. This is sufficiently flagrant that punitives should result.

Officers working patrol in a housing project smelled marijuana. They followed the smell and found it coming from an apartment. They knocked on the door and the smell was far stronger. The defendant answering the door admitted to smoking marijuana. There was exigency for an entry to seize the marijuana because they couldn’t practically leave and get a warrant without the marijuana being destroyed. United States v. McMillion, 2012 U.S. App. LEXIS 6434 (3d Cir. March 30, 2012) (unpublished):

Here, the exigency of the circumstances provided the officers with an objectively reasonable belief that a warrantless entry was justified. The officers followed the odor of marijuana to Washington's apartment, knocked on the door and, when Washington opened the door, the odor was even stronger. It was thus reasonable for the officers to suspect that there was ongoing drug activity, and, particularly in light of McMillion's admission to smoking marijuana, it was also reasonable for the officers to conclude that contraband was being destroyed and would continue to be destroyed or removed if they did not act immediately.

Police received a 911 call of shots fired from an alleged AK47 inside a house, and the SWAT team even came. Just before entry, they saw a light go on, and they entered. This was with exigent circumstances there might be a shooting victim inside. Once officers were inside, the court finds defendant consented to a full search of the premises. State v. Johnson, 2012 Ohio 1344, 2012 Ohio App. LEXIS 1170 (8th Dist. March 29, 2012).*

Defendant was approached by an officer at a rest stop because he noticed her taillights flash, suggesting she needed help. He found her OVI. He did not suspect any criminal activity, and there was no apparent need for a community caretaking encounter, so the motion to suppress should have been granted. State v. Clapper, 2012 Ohio 1382, 2012 Ohio App. LEXIS 1189 (9th Dist. March 30, 2012).

Defendant stopped for a lane change violation was in a rented car purportedly rented to his girlfriend, but he didn’t know her last name. That was reasonable suspicion to detain longer. State v. Delossantos, 2012 Ohio 1383, 2012 Ohio App. LEXIS 1192 (9th Dist. March 30, 2012).*

The “consent” search here was not true consent, and the finding of defendant’s money for seizure was a product of that invalid consent. There were no intervening circumstances sufficient to purge the taint. “The Court also finds the constitutional violations that preceded Moser's consent were purposeful and flagrant.” United States v. $28,000.00 in United States Currency, 2012 U.S. Dist. LEXIS 44113 (S.D. Cal. March 29, 2012).*

Officers at the house end of the driveway were in the curtilage when they made their “plain view” of an HCL generator. The government’s alternative argument of knock-and-talk with a PO and LEO led to a “protective sweep,” but the government cannot prove that there was any articulable basis for believing there was somebody armed there. Finally, the court concludes that the PO had reasonable suspicion that defendant was involved in a methamphetamine operation, and that justified entry onto the property. United States v. Wyatt, 2012 U.S. Dist. LEXIS 42725 (W.D. Ky. March 28, 2012).*

Defendant’s guilty plea even waived ineffective assistance claims. [That violates the Sixth Amendment; how obtuse. How can defense counsel agree to a plea agreement that waives IAC? In any rational court, counsel can’t because of a conflict on the potential Sixth Amendment claim.] Wiand v. United States, 2012 U.S. Dist. LEXIS 43793 (N.D. Tex. January 17, 2012).*

NEW YORK (AP) -- Tribune Broadcasting said there's been no settlement with DirecTV Inc. in their contract negotiations, which means DirecTV subscribers in 19 U.S. markets will lose access to certain programming....

ST. LOUIS (AP) -- Congratulations, Mega Millions winners! You've just won the biggest lottery in history! Move over Bill Gates and Warren Buffett!...

RED BUD, Ill. (AP) -- The Mega Millions winners - at least three of them - stayed out of sight. The losers, who could number 100 million, had plenty to say Saturday about losing out on the world's largest-ever lottery jackpot and their dashed dreams of colossal wealth....

BEVERLY HILLS, Calif. (AP) -- A bustier worn on stage by Whitney Houston fetched $18,750 at an auction Saturday in Beverly Hills of memorabilia from the late pop star's career....

FORT BRAGG, N.C. (AP) -- For the first time in history, the U.S. military hosted an event expressly for soldiers and others who don't believe in God, with a county fair-like gathering Saturday on the main parade ground at one of the world's largest Army posts....

RED BUD, Ill. (AP) -- The Mega Millions winners - at least three of them - stayed out of sight. The losers, who could number 100 million, had plenty to say Saturday about losing out on the world's largest-ever lottery jackpot and their dashed dreams of colossal wealth....

NYTimes: Police Are Using Phone Tracking as a Routine Tool by Eric Licthblau:

Law enforcement tracking of cellphones, once the province mainly of federal agents, has grown into a powerful and widely used surveillance tool for local police officials as well, with hundreds of departments, large and small, often using it aggressively with little or no court oversight, new documents show.

The practice has become big business for cellphone companies, too, with a handful of carriers marketing a catalog of “surveillance fees” to police departments to determine a suspect’s location, trace phone calls and texts or provide other services. Some departments log dozens of traces a month for both emergencies and routine investigations.

CONIFER, Colo. (AP) -- The search for a Colorado woman missing in a wildfire has been suspended after rescuers found human remains in her burned home....

CONIFER, Colo. (AP) -- The search for a Colorado woman missing in a wildfire has been suspended after rescuers found human remains in her burned home....