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USBush's Stem Cell Propaganda 7-20-06Bush's Stem Cell Propaganda 7-20-06
The FDA Lowers the Boom on Citizens' Rights 7-17-06The FDA Lowers the Boom on Citizens' Rights 7-17-06
The FDA - A Wolf in Sheep's Clothing 7-7-06The FDA - A Wolf in Sheep's Clothing 7-7-06
FDA Celebrates Hundred Years of Pretense 7-2-06FDA Celebrates Hundred Years of Pretense 7-2-06
Rights leaders keep up pressure in Fla. shootingSANFORD, Fla. (AP) -- After declaring victories in getting federal and state officials to investigate the case of an unarmed black teenager shot to death by a neighborhood watch captain, civil rights leaders continued to pressure authorities to make an arrest....
Court weighs US power over states in health caseWASHINGTON (AP) -- Congress will help pay for your roads, but your state can't lower its drinking age below 21. There's federal money for colleges, but they can't discriminate against women in the classroom or on the athletic field....
Death penalty for Staff Sgt. Bales? Not likely.WASHINGTON (AP) -- Defense Secretary Leon Panetta says the death penalty is possible if a U.S. military court finds an Army staff sergeant guilty of gunning down Afghan children and family members. But it isn't likely....
FACT CHECK: More US drilling didn't drop gas priceWASHINGTON (AP) -- It's the political cure-all for high gas prices: Drill here, drill now. But more U.S. drilling has not changed how deeply the gas pump drills into your wallet, math and history show....
Death penalty for Staff Sgt. Bales? Not likely.WASHINGTON (AP) -- Defense Secretary Leon Panetta says the death penalty is possible if a U.S. military court finds an Army staff sergeant guilty of gunning down Afghan children and family members. But it isn't likely....
US suspends recovery of troop remains in NKoreaWASHINGTON (AP) -- The United States says it's suspending efforts to recover remains of thousands of fallen service members in North Korea....
Court: Lawyers must do good job on plea bargainsWASHINGTON (AP) -- A divided Supreme Court on Wednesday laid out new standards for criminal plea bargains, saying defense lawyers must do a competent job advising and informing their clients of prosecutors' offers of less prison time for convictions and guilty pleas....
GOP targets new cost-cut board in Obama health lawWASHINGTON (AP) -- Republicans are revamping their strategy against President Barack Obama's health care law: If they can't repeal the whole thing, they'll try to pick off pieces. Even better if it's a new and unfamiliar bureaucracy....
NYPD says Iran has conducted surveillance in NYCWASHINGTON (AP) -- A senior New York Police Department official says law enforcement has interviewed at least 13 people since 2005 with ties to Iran's government who were seen taking pictures of New York City landmarks. Police consider the activity to be pre-operational surveillance....
High court hears suit over Cheney event arrestWASHINGTON (AP) -- The Supreme Court seems inclined to shield federal agents who are protecting government officials from claims of free speech violations, in a case that began with the arrest of a man who confronted Vice President Dick Cheney....
Soldier's lawyer known for `humanizing' clientsSEATTLE (AP) -- A day before the public learned the name of the soldier accused of methodically slaughtering 16 civilians in Afghanistan, his lawyer called a news conference and sketched a different portrait of Robert Bales: that of a loving father and devoted husband who had been traumatized by a comrade's injury and sent into combat one too many times....
Consequences for security as NYPD-FBI rift widensNEW YORK (AP) -- In the fall of 2010, the FBI and New York Police Department were working together on a terrorism investigation on Long Island. The cyber case had been open for more than a year at the U.S. attorney's office in Brooklyn. So, the Justice Department was surprised when, without notice, the NYPD went to federal prosecutors in Manhattan and asked them to approve a search warrant in the case....
Mysterious booms rattle Wisconsin city _ againCLINTONVILLE, Wis. (AP) -- Authorities are flummoxed as to the source of mysterious booms that resonated again in the eastern Wisconsin city of Clintonville early Wednesday, and hope a public meeting will calm residents' nerves....
D.S.D.: Officer may determine exigency on arrival to a 911 callWhile the 911 calls did not say that there was a domestic disturbance in progress, the officer could reasonably assume that when he arrived and assessed the situation, and that was exigency for an entry on these facts. United States v. Ladeaux, 2012 U.S. Dist. LEXIS 37251 (D. S.D. March 16, 2012).* Defendant lost on his arrest issue on the merits on appeal, so he can’t pursue it on a 2255. Martinez v. United States, 2012 U.S. Dist. LEXIS 36781 (D. S.D. March 19, 2012).* Officers had reasonable suspicion first from a CI tip that “Little Rob” was dealing meth from a red F-150. They later learned that it was defendant. Then, another officer in an “ongoing investigation” [never telling us the quality of this information] told this officer that defendant would be delivering meth and they set up surveillance. This was reasonable suspicion when defendant showed up. The traffic stop was reasonable based on a traffic offense. United States v. Harrelson, 2012 U.S. App. LEXIS 5612 (11th Cir. March 15, 2012) (unpublished)* [This case essentially says that a search on reasonable suspicion was proper because it never says there was probable cause for the search of the vehicle after the stop on reasonable suspicion or the traffic offense. If that’s what it means, it’s wrong. This may just be sloppy writing.] WA: SW for car permitted search of purse left there even though there was no PC as to purseDefendant was in a car that was stopped and the police had probable cause. The made her leave her purse behind. When the warrant issued, the purse could be searched because it was with the car, for which there was probable cause. State v. Campbell, 2011 Wash. App. LEXIS 2875 (December 29, 2011), Order Granting Motion to Publish 165 Wn. App. 1021, 2011 Wash. App. LEXIS 2915 (Wash. Ct. App., Dec. 29, 2011): Circumstances can exist where probable cause may exist for a search of an individual's property even though officers do not have equivalent probable cause that the owner of the property is involved in crime. Cf. Zurcher v. Stanford Daily, 436 U.S. 547, 556-57, 98 S. Ct. 1970, 56 L. Ed. 2d 525 (1978) (Fourth Amendment does not prevent issuance of a warrant to search property simply because the owner or possessor is not reasonably suspected of criminal involvement); see also 2 Wayne R. Lafave, Search and Seizure: A Treatise on the Fourth Amendment § 4.10(b) at 747-48 (4th ed. 2004) (distinguishing entitlement to search a visitor's belongings where police have grounds to believe items sought in the warrant might be concealed there). Both Worth and Hill implicitly recognize that personal property belonging to someone other than the owner of premises can be subject to a warrant for a premises search where probable cause exists and the scope of a warrant is accordingly broad: Worth's holding depends on its reasoning that no probable cause brought Worth's purse within the scope of the warrant. Hill's holding that “generally officers have no authority under a premises warrant to search personal effects an individual is wearing or holding” implies that sometimes they do. 123 Wn.2d at 644 (emphasis added). ![]() |
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