News

Edinburgh chosen as green bank HQ

BBC - News - Fri, 2025-05-30 03:53
The UK's Green Investment Bank is to have its headquarters in Edinburgh after it beat off competition from 31 other bids.
Categories: BBC, News

N.D.Cal.: Fire rendered apt uninhabitable and abandoned by operation of law, and, here, fact

FourthAmendment.com - News - Fri, 2025-05-30 03:53

A San Francisco apartment building was rendered uninhabitable from a fire, and occupants were locked out while clean up was going on. Defendant approached a construction worker and asked him to retrieve a gun from the motor compartment of a refrigerator, and that was reported to the police. The fire rendered the building de facto and de jure abandoned by operation of law, and the landlord could consent to the police entry. At the time, all personal belongings appeared to have been moved out of the apartment except for large pieces of furniture. United States v. Allen, 2012 U.S. Dist. LEXIS 28790 (N.D. Cal. March 5, 2012):

The first is that under California law, either party to a lease may terminate the lease if the premises are destroyed. Cal. Civ. Code § 1932(2) ("The hirer of a thing may terminate the hiring before the end of the term agreed upon: ... (2) When the greater part of the thing hired, or that part which was and which the letter had at the time of the hiring reason to believe was the material inducement to the hirer to enter into the contract, perishes from any other cause than the want of ordinary care of the hirer."); Cal. Civ. Code § 1933(4) ("The hiring of a thing terminates: ... (4) By the destruction of the thing hired."). Based on this principle of California landlord-tenant law, coupled with the representations the property manager made to the SFPD dispatcher about the apartment being vacant, see Scafani Decl. ¶ 3, it was objectively reasonable for Officer Scafani to believe that Ms. Wilson's lease had been terminated as a result of the fire and, thus, that the property manager had the authority to consent to a search of Ms. Wilson's apartment. This belief was an objectively reasonable mistake of fact, not law, and if the mistaken fact were true, it would have conferred authority to consent on the property manager.

The second reason it was objectively reasonable for Officer Scafani to believe the property manager had authority to consent to a search is the condition of Ms. Wilson's apartment and the building as a whole at the time of the search. There is no definitive list of facts that may lead to a reasonable belief of abandonment, but in Sledge the Ninth Circuit found apparent authority where the tenants had given their landlord thirty days notice of their intent to vacate, had removed all personal belongings from the apartment, and the apartment was "empty of furnishings not belonging to the landlord" at the time that the landlord consented to the police search. 650 F.2d at 1076, 1082. Similarly, in determining whether eviction had actually taken place, the Ninth Circuit in Young considered whether the defendant's personal belongings had been removed from his hotel room and placed into storage and whether his room key worked. 573 F.3d at 717.

Here, as in Sledge, it was objectively reasonable to believe that the apartment had been vacated. Most of the personal belongings inside had been removed from the apartment and placed into storage. ...

Three-week-old boy dies in crash

BBC - News - Fri, 2025-05-30 03:53
A three-week-old baby boy dies after a three-car crash on a road in Dumfries and Galloway on Wednesday evening.
Categories: BBC, News

Allied Irish to shed 2,500 jobs

BBC - News - Fri, 2025-05-30 03:53
Allied Irish Banks, the parent company of First Trust in Northern Ireland, confirms that it is cutting its workforce across the UK and Ireland by 2,500.
Categories: BBC, News

DNA tests link convicted killer to other murders

AP - U.S. News - Fri, 2025-05-30 03:53
DENVER (AP) -- Authorities all along had the DNA evidence to link a convicted triple-murderer to three additional murders from 1979, and they say he could have been responsible for as many as 20 slayings....
Categories: Associated Press, News, US

US, North Korea food aid talks end with progress

AP - World News - Fri, 2025-05-30 03:53
BEIJING (AP) -- Key issues on deliveries of American food aid to North Korea have been resolved, though details remain to be settled after talks ended Thursday....

Iran's top leader welcomes Obama's remarks

AP - World News - Fri, 2025-05-30 03:53
TEHRAN, Iran (AP) -- Iran's state TV is reporting that the country's top leader has welcomed comments by President Barack Obama pushing diplomacy and not war as a solution to Tehran's nuclear ambition....

VIDEO: Savage Says - Are footballers wimps?

BBC - News - Fri, 2025-05-30 03:53
Robbie Savage answers the best of your tweets in Savage Says, including the sacking of Andre Villas-Boas and whether footballers are wimps. (UK users only)
Categories: BBC, News

Where has all the tarragon gone?

BBC - News - Fri, 2025-05-30 03:53
Some of the UK's biggest supermarkets have admitted there's a problem with getting hold of tarragon.
Categories: BBC, News

Mass burial for Congolese explosion victims

AP - World News - Fri, 2025-05-30 03:53
BRAZZAVILLE, Republic of Congo (AP) -- A nation in mourning will bury the more than 200 victims of last weekend's deadly blasts at a military armory in a mass funeral Saturday, state radio in the Republic of Congo reported Thursday....

High-flying Chinese leader absent from top meeting

AP - World News - Fri, 2025-05-30 03:53
BEIJING (AP) -- A high-flying Chinese politician dogged by a scandal involving a subordinate possibly seeking U.S. asylum missed an important session of the national legislature Thursday, raising speculation about new setbacks to his political ambitions....

VIDEO: 'Dirty protest' in NI prison

BBC - News - Fri, 2025-05-30 03:53
Dissident republican prisoners are carrying out a so-called 'dirty protest' in a row over body searches
Categories: BBC, News

Antimatter goes under microscope

BBC - News - Fri, 2025-05-30 03:53
Scientists have for the first time measured the energy levels of antimatter, perhaps leading to a better understanding of the Universe.
Categories: BBC, News

Biggest solar storm in years races toward Earth

AP - U.S. News - Fri, 2025-05-30 03:53
WASHINGTON (AP) -- The largest solar storm in five years was due to arrive on Earth early Thursday, promising to shake the globe's magnetic field while expanding the Northern Lights....
Categories: Associated Press, News, US

Biggest solar storm in years hits, so far so good

AP - U.S. News - Fri, 2025-05-30 03:53
WASHINGTON (AP) -- One of the strongest solar storms in years engulfed Earth early Thursday, but scientists say the planet may have lucked out....
Categories: Associated Press, News, US

Teen flees alleged Facebook predator

CNN - Top Stories - Fri, 2025-05-30 03:53
A teenage girl is lucky to be alive after she fled from an alleged predator in a Texas motel, authorities said.
Categories: CNN, News

Private funeral for Davy Jones

BBC - News - Fri, 2025-05-30 03:53
A private funeral has been held for Monkees singer Davy Jones, near his home in Florida, his publicist says.
Categories: BBC, News

Wanted: Censor for Pakistan's Internet

AP - World News - Fri, 2025-05-30 03:53
ISLAMABAD (AP) -- Pakistan is advertising for companies to install an Internet filtering system that could block up to 50 million Web addresses, alarming free speech activists who fear current censorship could become much more widespread....

Zardari cases 'must be reopened'

BBC - News - Fri, 2025-05-30 03:53
Pakistan's Supreme Court orders the government to ask the Swiss authorities to reopen a corruption case against President Asif Ali Zardari.
Categories: BBC, News

Stem cells beat kidney rejection

BBC - News - Fri, 2025-05-30 03:53
An injection of stem cells given alongside a kidney transplant could remove the need for a lifetime of drugs, say scientists.
Categories: BBC, News
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