US

Obama's home-turf summits will test his leverage

AP - U.S. News - Mon, 2025-05-19 18:28
WASHINGTON (AP) -- On his home turf, President Barack Obama will find his leverage tested at two summits beginning Friday....
Categories: Associated Press, News, US

Senate moves to final vote on small business bill

AP - U.S. News - Mon, 2025-05-19 18:28
WASHINGTON (AP) -- Legislation that weakens some federal controls to help startup companies raise capital and help small-scale investors put money into promising new ventures is set to pass the Senate Thursday....
Categories: Associated Press, News, US

Cohabitation no longer a predictor of divorce

ATLANTA (AP) — Nearly half of first marriages break up within 20 years, a new government study has found. With those odds, one might wonder: Would we be better off living together first?

The new research, part of a marriage survey of 22,000 men and women, suggests times have changed ...

US intel: water a cause for war in coming decades

AP - U.S. News - Mon, 2025-05-19 18:28
WASHINGTON (AP) -- Drought, floods and a lack of fresh water may cause significant global instability and conflict in the coming decades, as developing countries scramble to meet demand from exploding populations while dealing with the effects of climate change, U.S. intelligence agencies said in a report released Thursday....
Categories: Associated Press, News, US

Afghan commander says he needs solid force in 2013

AP - U.S. News - Mon, 2025-05-19 18:28
WASHINGTON (AP) -- The top commander in Afghanistan says the United States will still need "significant combat power" in the country in 2013 despite the call for reducing the force....
Categories: Associated Press, News, US

Move-in before marriage no longer predicts divorce

AP - U.S. News - Mon, 2025-05-19 18:28
ATLANTA (AP) -- Nearly half of first marriages break up within 20 years, a new government study finds. With those odds, you might wonder: Would we be better off living together first?...
Categories: Associated Press, News, US

'Stand Your Ground Law' at center of Fla. shooting

AP - U.S. News - Mon, 2025-05-19 18:28
MIAMI (AP) -- Florida is among 21 states with a "Stand Your Ground Law," which gives people wide latitude to use deadly force rather than retreat during a fight. The self-defense law helps explain why a neighborhood watch captain has not been arrested in the shooting death of an unarmed teenager....
Categories: Associated Press, News, US

US intel: water a cause for war in coming decades

AP - U.S. News - Mon, 2025-05-19 18:28
WASHINGTON (AP) -- Drought, floods and a lack of fresh water may cause significant global instability and conflict in the coming decades, as developing countries scramble to meet demand from exploding populations while dealing with the effects of climate change, U.S. intelligence agencies said in a report released Thursday....
Categories: Associated Press, News, US

Bagel guru Murray Lender dies at age 81 in Fla.

AP - U.S. News - Mon, 2025-05-19 18:28
HARTFORD, Conn. (AP) -- Murray Lender, who helped turn his father's small Connecticut bakery into a national company that introduced bagels to many Americans for the first time, has died in Florida. He was 81....
Categories: Associated Press, News, US

Bagel guru Murray Lender dies at age 81 in Fla.

HARTFORD, Conn. — Murray Lender, who helped turn his father's small Connecticut bakery into a national company credited for introducing bagels to many Americans, has died in Florida. He was 81.

Lender, perhaps best known from promoting Lender's Bagels in TV commercials, died Wednesday at a hospital in Miami from complications ...

D.N.J.: Dog sniff outside apt reasonable under Place and Caballes

FourthAmendment.com - News - Mon, 2025-05-19 18:28

Dog sniff outside the defendant’s house in a multi-family unit was reasonable under Place and Caballes, and Jardines is rejected. United States v. Anthony, 2012 U.S. Dist. LEXIS 38123 (D. N.J. March 20, 2012):

This is the type of distinction the Florida Supreme Court found in Jardines v. State, 73 So.3d 34 (Fla. 2011). The Court reasoned that even though the revelation of possession of contraband could not invade a privacy interest, the canine sniff outside a home "will invariably entail a degree of public opprobrium, humiliation and embarrassment for the resident, for such dramatic government activity in the eyes of many-neighbors, passers-by, and the public at large-will be viewed as an official accusation of crime." Id. at 36. The Court added that if police can conduct suspicionless sniff tests, there was nothing to prevent discriminatory or irrational use of the procedure. Id.

However, neither reason for distinguishing Caballes is persuasive as applied to the present facts. First, the Florida Court's conclusion that sniffs "will invariably entail a degree of public opprobrium, humiliation and embarrassment for the resident" is less applicable to the facts of this case, in which the sniff occurred away from the plain view of the general public inside a common area of a multi-family residence with the permission of the owner. Nothing in the record suggests anyone but the landlord was privy to the presence of police activity, much less aware of the particular apartment being sniffed. Similarly, this Court is not asked to determine whether police presence with a dog on the curtilage of a home without permission involves some intrusion into privacy not present in Caballes or Place. Instead, this situation involves police presence in a common area with express permission to be there.

CA7: Defendant didn't show that his failure to be called as a witness at his suppression hearing would have changed the outcome, in light of the video

FourthAmendment.com - News - Mon, 2025-05-19 18:28

Defendant’s confusing account of his travel plans was reasonable suspicion. The trial court’s findings of consent to the search was clearly supported by the record. Defendant was unhandcuffed and sitting in the police car during the search. A dog alert made that irrelevant. Thus, a challenge to the search was frivolous. Defendant did not show how his failure to testify at the suppression hearing would have changed anything in light of the video, not that IAC claims can be raised on direct appeal anyway. United States v. Penlton, 2012 U.S. App. LEXIS 5888 (7th Cir. March 21, 2012) (unpublished)*; United States v. Harris, 2012 U.S. App. LEXIS 5878 (7th Cir. March 21, 2012) (unpublished).*

Plaintiff state prisoner failed to state a Fourth Amendment claim that he was unreasonably removed from his cell during a suicide threat. “Insofar as Brown contends that his seizure during this incident was unreasonable, even assuming that a prisoner has any Fourth Amendment right not to be seized and transported from one place to another within a state prison facility, there is no record evidence that this particular seizure was not justified by the same legitimate interest in safety and security.” Brown v. Graham, 2012 U.S. App. LEXIS 5825 (2d Cir. March 21, 2012) (unpublished).*

Radio campaign next step against Rush Limbaugh

NEW YORK — Rush Limbaugh's opponents are starting a radio campaign against him Thursday, seizing upon the radio star's attack of a Georgetown law student as a "slut" to make a long-term effort aimed at weakening his business.

The liberal Media Matters for America is using a past campaign against Glenn ...

Unhappy public not sure who to blame for high gas

AP - U.S. News - Mon, 2025-05-19 18:28
LOS ANGELES (AP) -- Families canceling vacations. Fishermen watching their profits burn up along with their boats' gasoline. Drivers buying only a few gallons of gas at a time because they can't afford to fill the tank....
Categories: Associated Press, News, US

CA6: Gant bars SI of the unhandcuffed and outnumbered

FourthAmendment.com - News - Mon, 2025-05-19 18:28

Defendant was stopped for not dimming his headlights, and he was without a DL. The officers’ search incident of defendant’s car violated Gant, even though the defendant and his passenger weren’t handcuffed and were standing at the rear of the car, they were outnumbered. The government’s argument that Long justified a protective weapons search of the car was also rejected. United States v. McCraney, 2012 U.S. App. LEXIS 5818, 2012 FED App. 0081P (6th Cir. March 21, 2012):

Here, McCraney and Ammons were not handcuffed or secured in the back of a patrol car. They were standing, however, behind the Buick as instructed, two or three feet from the rear bumper, with three officers standing around them, while the other two officers on the scene conducted the search of the passenger compartment. Ricker testified that he stood approximately eight feet from McCraney, and watched him closely while the search was conducted. The officers outnumbered the detainees and, although not formally arrested, handcuffed or secured in a patrol car, the district court did not err in finding that the officers could not reasonably believe McCraney and Ammons were "within reaching distance" of the passenger compartment at the time of the search. Given the narrowed scope of the exception in light of Gant, the search may not be justified as a search incident to arrest.

Experts: Neighborhood watches shouldn't be armed

AP - U.S. News - Mon, 2025-05-19 18:28
ALLENTOWN, Pa. (AP) -- Neighborhood watch groups were designed to be the eyes and ears of police - passively observing what they see and reporting back to law enforcement - not to enforce the law themselves....
Categories: Associated Press, News, US

Experts: Neighborhood watches shouldn't be armed

ALLENTOWN, Pa. — Neighborhood watch groups were designed to be the eyes and ears of police — passively observing what they see and reporting back to law enforcement — not to enforce the law themselves.

Most neighborhood watches follow the rules, and confrontations are rare. But after the killing of ...

TN: Arrest without PC because officers could hold defendant for 48 hours led to statement that should have been suppressed

FourthAmendment.com - News - Mon, 2025-05-19 18:28

Officers’ determination that they could hold defendant for 48 hours on an illegal arrest was the cause of defendant’s statement, and it should have been suppressed. State v. Bishop, 2012 Tenn. Crim. App. LEXIS 171 (March 14, 2012).*

Talking to defendant sitting in a parked car was a “consensual encounter” under Ohio case law, and the officer’s plain view of two roaches in the ashtray was valid. State v. Calhoun, 2012 Ohio 1128, 2012 Ohio App. LEXIS 994 (11th Dist. March 19, 2012).*

Defendant's 2255 was couched in terms of a Fourth Amendment violation and not a Sixth Amendment violation, so it should have been raised in the direct appeal. Ford v. United States, 2012 U.S. Dist. LEXIS 38296 (E.D. Mo. March 21, 2012).*

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