News

D.Minn.: Prior consent search of home did not prevent SW if something overlooked

FourthAmendment.com - News - Sun, 2025-06-15 07:27

Defendant was indicted for mail fraud for sending threatening letters. Investigators found threads under a stamp on the envelope. That and other things showed a nexus for a search warrant for defendant’s house. The fact that there had been a prior consent search did not mean that the police could not seek to come back if something had been overlooked. United States v. Carlson, 2012 U.S. Dist. LEXIS 32734 (D. Minn. March 12, 2012), R&R 2012 U.S. Dist. LEXIS 32727 (D. Minn. February 7, 2012):

The prior consent search — during which no evidence was seized — is irrelevant. First, there is nothing to suggest the scope of the prior search was exactly the same as the search authorized by the warrant. Second, failure to find items during a prior search does not destroy probable cause for a subsequent search, if there is reason to believe the evidence could have been overlooked. See United States v. Blom, 242 F.3d 799, 807 (8th Cir. 2001). Here, the affidavit indicated that the home was extremely cluttered, making it likely that relevant evidence was overlooked. Third, even if the evidence was not in Carlson's home at the time of the prior search, that absence is immaterial. See United States v. Tagbering, 985 F.2d 946, 950 (8th Cir. 1993) (holding that evidence does not need to be at the location to be searched at the time the warrant issues, so long as there was probable cause to support a belief that it will be there when the warrant is executed). The Court finds that the affidavit as a whole supported a conclusion that the items listed were likely to be in Carlson's home at the time the warrant was executed, and the warrant was, therefore, supported by probable cause.

VIDEO: War Horse author reveals new book plot

BBC - News - Sun, 2025-06-15 07:27
School Reporters interview Michael Morpurgo about his success as an author and his future releases.
Categories: BBC, News

M.D.Fla.: Not controlling driver and passenger permitted Belton search

FourthAmendment.com - News - Sun, 2025-06-15 07:27

By not securing the occupants of a rental car that was subject to impoundment for lack of an authorized driver, the need for a search incident was akin to the situation in Belton rather than Gant. United States v. Harmon, 2011 U.S. Dist. LEXIS 153996 (M.D. Fla. November 4, 2011).* [So, the officer can simply not secure the persons arrested and use that as an excuse for search incident? Better yet, the car was subject to impoundment for lack of a licensed driver. Period. This was deciding something that didn't need to be decided. Don't count on this case being good law.]

Defendant’s suppression motion was denied in 1998 and he appealed. He since had post-conviction hearings. “His repetitive frivolous motions and appeals will not change this court's ruling on the issue. It was determined more than a decade ago that the January 2, 1998, search of Claude Bellamy's house was by consent.” Bellamy v. United States, 2012 U.S. Dist. LEXIS 32458 (E.D. N.C. March 12, 2012)

Defendant was arrested in Belize for immigration violations and child pornography was found. He makes no showing whatsoever that American authorities had anything to do with it. United States v. McVicker, 2012 U.S. Dist. LEXIS 33164 (D. Ore. March 13, 2012).*

Veterans lose nuclear damages bid

BBC - News - Sun, 2025-06-15 07:27
Hundreds of ex-servicemen exposed to radiation in British nuclear weapons tests in the 1950s lose a Supreme Court bid to launch damages claims.
Categories: BBC, News

Romney matches Santorum's gains in delegates

AP - Politics - Sun, 2025-06-15 07:27
WASHINGTON (AP) -- Rick Santorum won Republican presidential primaries in Alabama and Mississippi but he didn't gain any ground in the race for delegates against frontrunner Mitt Romney....

Romney matches Santorum's gains in delegates

AP - Politics - Sun, 2025-06-15 07:27
WASHINGTON (AP) -- Rick Santorum won Republican presidential primaries in Alabama and Mississippi but he didn't gain any ground in the race for delegates against frontrunner Mitt Romney....

Iran's parliament grills embattled president

AP - World News - Sun, 2025-06-15 07:27
aad TEHRAN, Iran (AP) -- Iran's parliament grilled President Mahmoud Ahmadinejad on Wednesday over a long list of accusations, including that he mismanaged the nation's economy and defied the authority of the country's supreme leader....

Will you tell Starbucks your name?

BBC - News - Sun, 2025-06-15 07:27
Starbucks wants to label customers' cups of coffee with their names, in a bid to be more friendly. But do people really want to be on first names terms with their baristas?
Categories: BBC, News

Arab-Muslim comedy finding voice after 9/11

AP - U.S. News - Sun, 2025-06-15 07:27
EAST LANSING, Mich. (AP) -- The comedian who made his name on the "Axis of Evil Comedy Tour" made one thing clear when he opened a recent set at Michigan State University: "Tonight, it's not Islam 101."...
Categories: Associated Press, News, US

Arab-Muslim comedy finding voice after 9/11

AP - U.S. News - Sun, 2025-06-15 07:27
EAST LANSING, Mich. (AP) -- The comedian who made his name on the "Axis of Evil Comedy Tour" made one thing clear when he opened a recent set at Michigan State University: "Tonight, it's not Islam 101."...
Categories: Associated Press, News, US

Tevez may return to face Chelsea

BBC - News - Sun, 2025-06-15 07:27
Manchester City manager Roberto Mancini says Carlos Tevez could make his first-team return against Chelsea next week.
Categories: BBC, News

Workers to raise Bangladesh ferry after 110 die

AP - World News - Sun, 2025-06-15 07:27
DHAKA, Bangladesh (AP) -- Recovery workers were trying to raise the wreckage of a ferry that capsized on a river in Bangladesh while carrying about 200 people, hoping Wednesday's efforts would reveal the fate of dozens of passengers still missing. The death toll rose to 110....

US-Afghan pact achieved despite Karzai's rhetoric

AP - World News - Sun, 2025-06-15 07:27
KABUL, Afghanistan (AP) -- Afghanistan's president has branded his U.S. allies as corrupt, wasteful and contemptuous of Afghan lives. Once he even threatened to join the Taliban. Nonetheless, Hamid Karzai signed a deal that could keep thousands of U.S. troops in his country for years....

Prince Harry: Royal life no fairytale

AP - World News - Sun, 2025-06-15 07:27
LONDON (AP) -- Prince Harry has told a TV interviewer that sometimes he and Prince William wish they were just normal instead of royals....

In pictures: Switzerland coach crash

BBC - News - Sun, 2025-06-15 07:27
28 people killed in Switzerland
Categories: BBC, News

Perth named as seventh Scots city

BBC - News - Sun, 2025-06-15 07:27
Perth is to become become Scotland's seventh city after winning a UK competition marking the Queen's Diamond Jubilee.
Categories: BBC, News

Goldman banker quits 'toxic' firm

BBC - News - Sun, 2025-06-15 07:27
A manager at US banking giant Goldman Sachs in London quits, saying he could no longer work there "in good conscience".
Categories: BBC, News

Chelmsford to become jubilee city

BBC - News - Sun, 2025-06-15 07:27
Chelmsford is awarded city status as part of the Queen's Diamond Jubilee.
Categories: BBC, News

AT&T seeks to settle _ quietly _ with iPhone user

AP - U.S. News - Sun, 2025-06-15 07:27
NEW YORK (AP) -- AT&T is offering to discuss a settlement to an iPhone user who won a small-claims case that alleged the company was slowing down his "unlimited" data service....
Categories: Associated Press, News, US

Barbers, beauticians get snippy over striped poles

AP - U.S. News - Sun, 2025-06-15 07:27
ST. PAUL, Minn. (AP) -- Friendly arguments aren't hard to find in a barbershop, but try cutting in on a hallowed symbol - that red, white and blue pole - and it may be time to hide the scissors....
Categories: Associated Press, News, US
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