US

Prosecutor in Trayvon Martin case known as tough

AP - U.S. News - Wed, 2025-05-21 20:13
SANFORD, Fla. (AP) -- The special prosecutor leading the investigation into the shooting death of an unarmed black teen by a neighborhood watch volunteer is known for her tough tactics aimed at locking up criminals for long sentences and making it difficult to negotiate light plea bargains....
Categories: Associated Press, News, US

Prosecutor in Trayvon Martin case known as tough

AP - U.S. News - Wed, 2025-05-21 20:13
SANFORD, Fla. (AP) -- The special prosecutor leading the investigation into the shooting death of an unarmed black teen by a neighborhood watch volunteer is known for her tough tactics aimed at locking up criminals for long sentences and making it difficult to negotiate light plea bargains....
Categories: Associated Press, News, US

Judge says groups can't shield campaign donors

AP - U.S. News - Wed, 2025-05-21 20:13
WASHINGTON (AP) -- The Federal Election Commission overstepped its bounds in allowing groups that fund certain election ads to keep their financiers anonymous, a federal judge has ruled....
Categories: Associated Press, News, US

Judge says groups can't shield campaign donors

AP - U.S. News - Wed, 2025-05-21 20:13
WASHINGTON (AP) -- The Federal Election Commission overstepped its bounds in allowing groups that fund certain election ads to keep their financiers anonymous, a federal judge has ruled....
Categories: Associated Press, News, US

Kan., Ill., Md. tickets win $640M lottery jackpot

AP - U.S. News - Wed, 2025-05-21 20:13
RED BUD, Ill. (AP) -- Three lottery tickets sold in Illinois, Kansas and Maryland hit the world record-breaking $640 million Mega Millions jackpot, lottery officials said Saturday....
Categories: Associated Press, News, US

Docs show evidence piled up in Utah disappearance

TACOMA, Wash. (AP) — In the quest to figure out what happened to Susan Powell in 2009, Utah authorities compiled a heap of evidence — finding blood in the family home, an eerie hand-written "will" and a young son who bluntly said that mom was dead.

Despite all of the ...

Search continues for ultrarunner Micah True in NM

AP - U.S. News - Wed, 2025-05-21 20:13
SILVER CITY, N.M. (AP) -- A search is ongoing for renowned long-distance runner Micah True, who has gone missing near the rugged wilderness of New Mexico's Gila National Forest....
Categories: Associated Press, News, US

Clinton: New round of Iran talks set for Turkey

AP - U.S. News - Wed, 2025-05-21 20:13
RIYADH, Saudi Arabia (AP) -- U.S. Secretary of State Hillary Rodham Clinton says Iran and six world powers have agreed to meet in Istanbul on April 13 for the latest round of talks about Iran's nuclear program....
Categories: Associated Press, News, US

Congress gets rough treatment at Supreme Court

AP - U.S. News - Wed, 2025-05-21 20:13
WASHINGTON (AP) -- The Supreme Court left little doubt during last week's marathon arguments over President Barack Obama's health care overhaul that it has scant faith in Congress' ability to get anything done....
Categories: Associated Press, News, US

Congress gets rough treatment at Supreme Court

AP - U.S. News - Wed, 2025-05-21 20:13
WASHINGTON (AP) -- The Supreme Court left little doubt during last week's marathon arguments over President Barack Obama's health care overhaul that it has scant faith in Congress' ability to get anything done....
Categories: Associated Press, News, US

Clinton: Time running out for diplomacy with Iran

AP - U.S. News - Wed, 2025-05-21 20:13
RIYADH, Saudi Arabia (AP) -- U.S. Secretary of State Hillary Rodham Clinton made clear Saturday that time is running out for diplomacy over Iran's nuclear program and said talks aimed at preventing Tehran from acquiring a nuclear weapon would resume in mid-April....
Categories: Associated Press, News, US

Obama says Vietnam veterans too often 'denigrated'

AP - U.S. News - Wed, 2025-05-21 20:13
WASHINGTON (AP) -- President Barack Obama paid tribute Monday to the men and women who have died defending America, pointing to Vietnam veterans as an under-appreciated and sometimes maligned group of war heroes who remained true to their nation despite an unwelcome homecoming....
Categories: Associated Press, News, US

SC: DNA warrant invalid as based on bare conclusions

FourthAmendment.com - News - Wed, 2025-05-21 20:13

Warrant for DNA failed to show probable cause because it was based on mere conclusions. On remand, however, the state is free to use inevitable discovery to validate it. State v. Jenkins, 2012 S.C. App. LEXIS 84 (March 28, 2012):

Nevertheless, the State argues that because this case involves a sex crime, the magistrate could reasonably have inferred the victim was the source of the information. We disagree. The law does not allow the State to justify a bodily intrusion on the possibility that a magistrate made a correct inference as to the source of the information in the affidavit. Rather, "[m]ere conclusory statements which give the magistrate no basis to make a judgment regarding probable cause are insufficient." Smith, 301 S.C. at 373, 392 S.E.2d at 183. Moreover, the complete absence of a source for any of the information makes a variety of scenarios possible. For example, the detective could have pieced together the information from other officers, the victim's neighbors, or even an anonymous tip. This is precisely what the law forbids a magistrate from doing. The magistrate's "action cannot be a mere ratification of the bare conclusions of others." Id. (quoting Gates, 462 U.S. at 239).

Note: One of the benefits of knowing the Fourth Amendment is that you don't file pointless motions to suppress. Most of the time, 95% of the time, the warrant or search is valid. I filed my first motion to suppress in over a year this week on the same ground: The officer alleged it was his opinion that evidence would be found in the place to be searched without any effort to show probable cause connecting it to the crime under investigation saying only "It is the officer's opinion evidence will be found" in a camera and computer. And, warrants failing on this ground get no good faith exception under Leon's third ground.

Cal.2d: Entry on a shooting call was by consent, and that included later crime scene processing of what was found in plain view

FourthAmendment.com - News - Wed, 2025-05-21 20:13

Police responded to a shooting call, and defendant was outside being patted down and handcuffed saying, “Just help him. Help him,” referring to his adult son Brian Chapman in the house who was shot. The first responders entered and also did a protective sweep for other possible injured, and they saw evidence in plain view. Those officer left briefly, but second responders were called to process the scene. They could enter the premises under the original consent. “California decisions uphold an officer's reentry to seize evidence observed in plain view during a lawful entry but not seized initially because the officer was performing a duty that took priority over the seizure of evidence.” The reentry was valid, and the trial court erred in suppressing the second entry. People v. Superior Court, 2012 Cal. App. LEXIS 369 (2d Dist. March 29, 2012):

Iraq solder was injured by an IED and evacuated stateside for recovery. When he was unconscious, his belongings were inventoried for shipment back with him, and child pornography was found. He was court martialed after recovery at Fort Drum. The inventory was valid under regulation for the injured and dead and MRE 313(c). United States v. Kelly, 2012 CCA LEXIS 103 (Army Ct. Crim. App. March 27, 2012) (unpublished).*

Kan., Ill., Md. tickets share lottery jackpot

AP - U.S. News - Wed, 2025-05-21 20:13
CHICAGO (AP) -- Lottery ticket-holders in Illinois, Kansas and Maryland each selected the winning numbers for the $640 million Mega Millions jackpot that is believed to be the world's largest of all time, a lottery official said Saturday....
Categories: Associated Press, News, US

Did you hear the 1 about the politician who ...

AP - U.S. News - Wed, 2025-05-21 20:13
WASHINGTON (AP) -- Mitt Romney hit an off note when he told a "humorous" story about his dad shutting down a factory....
Categories: Associated Press, News, US

Tenn. too: "Lawmakers continue to push plan to drug test welfare recipients"

FourthAmendment.com - News - Wed, 2025-05-21 20:13

WBIR.com: Lawmakers continue to push plan to drug test welfare recipients:

It's an idea in Nashville that just won't die.

Certain state lawmakers say they're not ready to give up on their plan to drug test welfare recipients, even though the attorney general says it's unconstitutional.

Lawmakers say they want to make sure those who receive public assistance are using the money as intended, and not for illegal drugs.

The plan is already moving ahead in both chambers even though the attorney general says drug testing those on benefits violates the Fourth Amendment.

Memphis Commercial Appeal: "Sheriff's Office will no longer hold prisoners for 48-hour detention"

FourthAmendment.com - News - Wed, 2025-05-21 20:13

Memphis Commercial Appeal: Sheriff's Office will no longer hold prisoners for 48-hour detention | Practice violates Tenn. constitution, court finds by Lawrence Buser, Daniel Connolly, Kevin McKenzie:

Local authorities have suspended the practice of detaining people in jail for up to 48 hours without charging them with a crime.

The move follows a scathing opinion by the Tennessee Court of Criminal Appeals at Jackson, which said the Memphis Police Department was routinely violating the Fourth Amendment of the U.S. Constitution. That amendment says authorities can't make arrests or search and seize property without probable cause. The opinion also said the policy violates Tennessee's constitution.

The appeals court had ordered that convicted murderer Courtney Bishop must get a new trial because the detention that led to his confession of shooting a man in a robbery was illegal.

It was the third time since 2001 the court had issued a harshly worded opinion criticizing the 48-hour detentions.

The case is here.

Sydney Opera House in the dark over Earth Hour

AP - U.S. News - Wed, 2025-05-21 20:13
SYDNEY (AP) -- Sydney's iconic Harbor Bridge and Opera House went dark on Saturday as Australians switched off lights around the country for an hour as part of a global effort to shine a spotlight on climate change....
Categories: Associated Press, News, US

Obama faces host of election-year constraints

AP - U.S. News - Wed, 2025-05-21 20:13
WASHINGTON (AP) -- Missile defense isn't the only area in which President Barack Obama will have "more flexibility" if he's re-elected. Immigration, the Canada-to-Texas oil pipeline, gay marriage, tax policy and other issues could invite bold initiatives by a president who knows he will never run for office again, especially if his party gains ground in congressional elections....
Categories: Associated Press, News, US
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