Conservative

Agent Provocateur at Bilderberg 2012 Tried to Set Up Protesters With Fake Bomb Threat

TruthNews.US - News - Sun, 2024-05-19 03:46
Infowars.com | Jason Bermas conducts an interview with two We Are Change activists who helped confirm our story in regards to an agent provocateur who attempted to set up the protests very early the first morning.

President Obama: The Biggest Government Spender In World History

TruthNews.US - News - Sun, 2024-05-19 03:46
Forbes | The U.S. has never before had a President who thinks so little of the American people that he imagines he can win re-election running on the opposite of reality.

Queen Elizabeth Is A Bloated Parasite

TruthNews.US - News - Sun, 2024-05-19 03:46
Infowars.com | The Transylvanian witch that is perched at top the NWO hates the people of the UK and commonwealth. This blood sucking monster is a chief enemy to humanity!

Unwrapping Western Political Jargon

TruthNews.US - News - Sun, 2024-05-19 03:46
Saman Mohammadi | The crisis in Syria has brought to the center of Western political discussion certain truths that were previously regulated to the "fringe," and subject to ridicule.

4 presumed dead in Alaska after avalanche

One member of a Japanese climbing team survived and four others are presumed dead after an avalanche swept them off a hill during their descent from Mount McKinley.

U.S. National Park Service officials say five people were traveling as one rope team early Thursday morning as part of a Miyagi ...

Wildfire destroys most homes in Colorado history

DENVER — Additional crews were arriving Saturday at a wildfire in northern Colorado that has scorched about 85 square miles and destroyed at least 181 homes, the most in state history.

The High Park Fire burning 15 miles west of Fort Collins surpasses the Fourmile Canyon wildfire, which destroyed 169 ...

D.Kan. erroneously shifts burden of proof to defendant to prove inventory unreasonable

FourthAmendment.com - News - Sun, 2024-05-19 03:46

The District of Kansas puts the burden on the defendant to prove that the inventory of his car was unlawful, when it was allegedly only parked, after his stop, more than 12" from the curb. No mention that the officer could not have pulled it over closer and left it. United States v. Calvin, 2012 U.S. Dist. LEXIS 83037 (D. Kan. June 15, 2012).* Shifting the burden:

The burden is on defendant to prove that the challenged search was illegal under the Fourth Amendment. United States v. Cooper, 654 F.3d 1104, 1124 (10th Cir. 2011). ...

... Further, defendant conceded that department towing policy required Officer Eckel to complete a full inventory search of the vehicle, including the glove compartment. Defendant has not provided any basis to suppress the evidence that resulted from the inventory search of his vehicle.

Maybe the defendant should have lost on the merits, but he at least could have had the correct burden of proof applied. If the court dealt with the merits appropriately, the analysis would be completely different. Really lame.

This was decided by a USDJ, not a Magistrate Judge, and it's just completely wrong in its approach.

Black girls not playing lacrosse

Eagle Forum - Sun, 2024-05-19 03:46
The NY Times complains about Title IX: She added: “There’s a whole host of African-American women who have benefited greatly from Title IX. We’ve gotten college scholarships and college degrees; we’ve made Olympic teams. Track and field is an area where a large number of African-American women receive college scholarships. “But in the grand scheme of things, Caucasian girls have benefited Rogerhttp://www.blogger.com/profile/03474078324293158376noreply@blogger.com0

D.Mass.: All records warrant was not overbroad in eBay reselling fraud case

FourthAmendment.com - News - Sun, 2024-05-19 03:46

Defendant was suspected of running a reselling fraud on eBay, and a search warrant was obtained for all his records pertaining to interstate transportation of stolen property. The search warrant was sufficiently particular and not overbroad. United States v. Kuc, 2012 U.S. Dist. LEXIS 82398 (D. Mass. June 14, 2012):

1. The First Prong: Evidence of Other Contraband

The degree to which evidence of contraband is believed to be on the premises is largely connected to the pervasiveness of the illegal activity being investigated. ...

Pervasiveness for purposes of the first prong is not limited to large organizations or entities. United States v. Falon, 959 F.2d 1143, 1148 (1st Cir. 1992). Thus, in United States v. Morris, the First Circuit found that two illegal drug transactions at the same residential address gave the magistrate judge "sufficient evidence to believe that a large collection of similar contraband would be present in the premises that were to be searched pursuant to the warrant." 977 F.2d at 681.

2. The Second Prong: Distinguishing Contraband

As to the second prong, the principle that emerges from the First Circuit's caselaw is that a warrant is insufficiently particular if the suspected crime being investigated and leading to the warrant application was substantially narrower than the scope of the warrant that ultimately issued. For example, the First Circuit held in United States v. Roche that where an affidavit in support of the warrant application made clear that only motor vehicle insurance fraud was being investigated, a warrant that authorized the seizure of documents pertaining to all types of insurance was overbroad because it could have been more narrowly tailored to only authorize the seizure of documents pertaining to motor vehicle insurance. 614 F.2d 6, 7 (1st Cir. 1980). In other words, where there is "information available to the agents which could have served to narrow the scope of the warrant and protect the defendant['s] personal rights" but the information is either withheld from the magistrate or not included in the warrant, "the warrant [is] inadequate." Klein, 565 F.2d at 190.

But where the warrant's list of items to be seized is tailored to the specific crime being investigated, it will survive an overbreadth challenge under the second prong. For example, the First Circuit upheld a warrant against a particularity challenge where it provided for the seizure of all documents relating to a list of seventeen individuals that constituted evidence of the specific suspected crime of conspiring to defraud the Social Security Administration. United States v. Bithoney, 631 F.2d 1, 2 (1st Cir. 1980).

Even a broad search warrant authorizing the seizure of all of a business's records may be sufficiently particular if the fraud alleged is pervasive such that most, if not all, of the business is suspected of being linked to a mail and wire fraud scheme. This is intimately connected to the scope of the fraud which factors heavily into the first prong analysis. See Brien, 617 F.2d at 306-08. In Brien, as noted above, affidavits submitted with the warrant application demonstrated that the fraud in the business was pervasive. The First Circuit held that "where there ... exists a pervasive scheme to defraud, all the business records of an enterprise may be seized, if they are, as here, accurately described so that the executing officers have no need to exercise their own judgment as to what should be seized." Id. at 309 (emphasis added).

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