News

Prince Harry to get charity award

BBC - News - Mon, 2026-05-11 15:46
Prince Harry is to receive an award for his charitable and humanitarian work in supporting servicemen and women.
Categories: BBC, News

Mission impossible for Sarkozy?

CNN - Top Stories - Mon, 2026-05-11 15:46
Pollsters had told us that the French were bored by a dull campaign which had seen more personal attacks flying than issues being debated. They were wrong.
Categories: CNN, News

Report: Iran unplugs oil terminal from Internet

AP - World News - Mon, 2026-05-11 15:46
TEHRAN, Iran (AP) -- An Iranian semiofficial news agency reports that the country has disconnected its main crude oil terminal from the Internet to avoid being attacked by computer malware....

Scottish airport sold for £807m

BBC - News - Mon, 2026-05-11 15:46
A deal is struck to sell Edinburgh Airport to the owner of Gatwick and London City airports for £807m.
Categories: BBC, News

Neighborhood watch shooter released from Fla. jail

AP - U.S. News - Mon, 2026-05-11 15:46
MIAMI (AP) -- In a low-key event, George Zimmerman was released from a Florida jail on $150,000 bail as he awaits his second-degree murder trial in the fatal shooting of unarmed teen Trayvon Martin....
Categories: Associated Press, News, US

Marathon death donations rocket

BBC - News - Mon, 2026-05-11 15:46
Donations to a fund-raising page set up by a woman who collapsed close to the London Marathon finish line rise to more than £200,000.
Categories: BBC, News

Shares slide as anxiety returns

BBC - News - Mon, 2026-05-11 15:46
Global stocks fall after weak manufacturing data and political uncertainty in France and the Netherlands hit investor confidence.
Categories: BBC, News

Malawi ex-leader Mutharika buried

BBC - News - Mon, 2026-05-11 15:46
Malawi's former President Bingu wa Mutharika, who died from a cardiac arrest on 5 April, is buried at his private farm in the south of the country.
Categories: BBC, News

India state evicts French group

BBC - News - Mon, 2026-05-11 15:46
Nine French tourists are ejected from the Indian state of Bihar for alleged involvement in Maoist activities, police officials say.
Categories: BBC, News

Access to Megaupload data debated

BBC - News - Mon, 2026-05-11 15:46
Negotiations start on April 26 over what happens to data taken offline by the shut down of file-sharing site Megaupload.
Categories: BBC, News

Man quizzed over toddler's death

BBC - News - Mon, 2026-05-11 15:46
Police arrest a 20-year-old man on suspicion of murdering a two-year-old boy in Bolton.
Categories: BBC, News

BBC axes Upstairs Downstairs

BBC - News - Mon, 2026-05-11 15:46
The BBC confirms a third series of the period drama Upstairs Downstairs will not be commissioned.
Categories: BBC, News

Hudson family murder trial starts in earnest

AP - U.S. News - Mon, 2026-05-11 15:46
CHICAGO (AP) -- A gift of balloons. That, prosecutors contend, is what sent singer Jennifer Hudson's then brother-in-law into such a jealous rage that he shot dead her mother, brother and 7-year-old nephew in a horrific act of vindictiveness in the home where the Hollywood star grew up....
Categories: Associated Press, News, US

Government must do better says PM

BBC - News - Mon, 2026-05-11 15:46
David Cameron brushes off claims he is too relaxed, but tells the BBC he wants his ministers to "raise their game" after a "difficult month".
Categories: BBC, News

France's Sarkozy forced into runoff

CNN - Top Stories - Mon, 2026-05-11 15:46
French President Nicolas Sarkozy was narrowly beaten into second place in presidential elections Sunday, as the National Front candidate Marine Le Pen posted the best result ever for a far-right candidate, the Interior Ministry announced with all the votes counted Monday.
Categories: CNN, News

N Korea pledges action on South

BBC - News - Mon, 2026-05-11 15:46
North Korea warns of "unprecedented" action against South Korea's ruling establishment, amid tough rhetoric between both countries.
Categories: BBC, News

CA4: Slightly changing argument on appeal dooms appellate review under plain error

FourthAmendment.com - News - Mon, 2026-05-11 15:46

Defendant’s arguments in the trial court were not the same ones made on appeal, so his appeal is governed by the plain error standard, and he doesn’t succeed for lack of a record supporting his argument. He was shot during what was found to be a Terry stop with guns drawn. Under Graham v. Connor, it appeared, on this record, it was justified enough to support the district court's conclusion. United States v. Hill, 2012 U.S. App. LEXIS 8072 (4th Cir. April 19, 2012)*:

Hill argues that when we weigh the three factors enumerated in Graham — the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether the suspect was actively resisting arrest or attempting to evade arrest by flight — it is apparent the officers "did not have an objectively reasonable ground to shoot Hill." Appellant's Br. at 25. As to the severity of the crime, he argues it weighs in his favor because at no point did the officers suspect Hill of having committed a crime; other than knowing that Bennett had written "help" on the receipt and herself carried a gun, all their information came from their observations of Hill inside the car. As to the third factor, he argues, Hill was not actively resisting arrest or attempting to flee.

The reasonableness of the officers' actions thus comes down to whether Hill's movements inside the car rendered reasonable the officers' belief that Hill posed an imminent threat to them, justifying the use of deadly force. The government argues the officers were justified in interpreting Hill's movements as evidence that he was reaching for a gun. Hill argues that belief was unreasonable because "the movement of a suspect's hands, without more, while he is under arrest is insufficient to give rise to an objectively reasonable basis for the police to use deadly force." Appellant's Br. at 26. Only if "the police had seen him with a gun, or had reliable and specific information that he was known to be armed," might this have been a "significant factor," he argues. Id. He also points out that the officers' descriptions of Hill's precise movements were inconsistent, and that it was Bennett, not Hill, whom the officers knew was armed.

Here again, our problem is the absence of adequate information to find that it was "obvious" that Hill did not pose an imminent threat of serious physical harm to the officers. Had Hill raised these issues in the district court, the risk of non-persuasion on these issues would have been cast upon the government to justify a warrantless seizure. See, e.g., United States v. Basinski, 226 F.3d 829, 833 (7th Cir. 2000); United States v. Burke, 605 F. Supp. 2d 688, 693-94 (D. Md. 2009). But under the plain error standard we apply here, Hill must shoulder the burden to prove the contrary. Without findings by the district court on these and related issues, and particularly inasmuch as the surveillance video does not show Hill's movements in the car, we may not plausibly notice plain error on this record and we decline to do so.

GB football team united by love of the game

BBC - News - Mon, 2026-05-11 15:46
Meet Great Britain's last Olympic football team
Categories: BBC, News

AUDIO: David Cameron: 'I'm not lazy'

BBC - News - Mon, 2026-05-11 15:46
David Cameron has rejected accusations that he is lazy: "It's got to be possible to be a decent husband, a good father and a good prime minister at the same time," he tells John Humphrys.
Categories: BBC, News

Further delay in Rangers takeover

BBC - News - Mon, 2026-05-11 15:46
Paul Murray's Blue Knights and American Bill Miller seek more time before lodging fresh bids to buy Rangers.
Categories: BBC, News
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