News

Michael Mann to head Venice jury

BBC - News - Mon, 2025-05-26 03:28
Heat director Michael Mann will lead the jury at this year's Venice Film Festival, organisers announce.
Categories: BBC, News

Darth Vader fights parking ticket

CNN - Top Stories - Mon, 2025-05-26 03:28
A man dressed as Darth Vader probably should have used "The Force" to help talk his way out of a traffic ticket.
Categories: CNN, News

N.D.Ohio: Health inspectors could inspect a liquor licensee for violations of Ohio's Smoke Free Workplace Act

FourthAmendment.com - News - Mon, 2025-05-26 03:28

The Amvest Post, a private club, had an Ohio liquor license, and health inspectors showed up to investigate complaints of violation of the Ohio's Smoke Free Workplace Act, and they went into areas not open to the public. The entry and inspection did not violate the Fourth Amendment because the club was closely regulated under New York v. Burger. Amvets Post #711 v. Rutter, 2012 U.S. Dist. LEXIS 74743 (N.D. Ohio May 30, 2012):

Ohio's Smoke Free Act authorizes warrantless administrative searches to protect its citizens against the well-documented dangers of and harms from secondhand smoke. The regulation complies with the requirements the Supreme Court set out in Burger. The Act, therefore, does not violate plaintiff's Fourth Amendment rights. Because defendants have not violated plaintiff's constitutional rights, they are entitled to dismissal of plaintiff's complaint.

[Note: The court does not differentiate between the liquor licensing authorities and the health department. The point of Burger is the expectation of privacy vis-a-vis one's license. What about inspections unrelated to the license, like here?]

Wii U, 'Halo 4' boost anticipation for E3

CNN - Top Stories - Mon, 2025-05-26 03:28
For a preview of the next big thing in video gaming, look no further than the Electronic Entertainment Expo, the splashy industry showcase that kicks off Monday in Los Angeles.
Categories: CNN, News

Tax department staff back strike

BBC - News - Mon, 2025-05-26 03:28
Some Revenue and Customs workers, including tax advisers, have voted in favour of a strike in a dispute over job cuts and privatisation.
Categories: BBC, News

CNN's first broadcast: June 1, 1980

CNN - Top Stories - Mon, 2025-05-26 03:28
On June 1, 1980, CNN aired its first news broadcast anchored by the husband and wife team of David Walker and Lois Hart.
Categories: CNN, News

CA5: Reasonableness for due process purposes can equal reasonableness for Fourth Amendment purposes

FourthAmendment.com - News - Mon, 2025-05-26 03:28

Reasonableness for due process purposes can equal reasonableness for Fourth Amendment purposes. Kinnison v. City of San Antonio, 2012 U.S. App. LEXIS 10937 (5th Cir. May 31, 2012):

"As the text of the Fourth Amendment indicates, the ultimate measure of the constitutionality of a government search is 'reasonableness.'" Vernonia Sch. Dist. 47J v. Acton, 515 U.S. 646, 652 (1995). "[A] 'reasonableness' determination[] involves a balancing of all relevant factors," Whren v. United States, 517 U.S. 806, 817 (1996), and for Fourth Amendment purposes generally "requires no more of government officials than that of due process of law. Both constitutional provisions recognize an exigency exception, and, thus, lead to no practical distinction in" the summary action context. Flatford v. City of Monroe, 17 F.3d 162, 170 (6th Cir. 1994) (citing United States v. James Daniel Good Real Prop., 510 U.S. 43 (1993)); see also Freeman, 242 F.3d at 652 (noting that Supreme Court precedent "forecasts, even if it does not compel, that a balancing of the public and private interests at stake will favor the public interest in nuisance abatement after the conclusion of adequate administrative proceedings" (citing GM Leasing Corp. v. United States, 429 U.S. 338 (1977))).

We see no reason to depart from the general practice of tethering the outcome of the Fourth Amendment inquiry to whether the property deprivation offended due process. In light of the procedural due process analysis above, we conclude that the district court should not have granted summary judgment on Kinnison's Fourth Amendment claim. Cf. Samuels v. Meriwether, 94 F.3d 1163, 1168 (8th Cir. 1996) ("[A]n abatement carried out in accordance with procedural due process is reasonable in the absence of any factors that outweigh governmental interests.") (citations omitted).

Barack Obama: Drone Warrior

TruthNews.US - News - Mon, 2025-05-26 03:28
Charles Krauthammer | Every Tuesday, Obama shuffles “baseball cards” with pictures of terrorists and chooses who shall die by drone strike.

Jail for £12m businessman fraud

BBC - News - Mon, 2025-05-26 03:28
Three men are jailed for tricking a Norfolk businessman and Christian philanthropist out of £12m.
Categories: BBC, News

MA: Host could not consent to search of guest's bag in bedroom

FourthAmendment.com - News - Mon, 2025-05-26 03:28

Defendant was the suspect in a string of burglaries and thefts to support a drug habit, and the police went where he was staying to get consent. A guest’s backpack and shopping bag in a house could not be the subject of consent by the host. Commonwealth v. Magri, 2012 Mass. LEXIS 464 (May 31, 2012):

Thus, the crucial question is whether the defendant had a reasonable expectation of privacy in his bags that were in Barnes's bedroom. It is well settled that an overnight guest maintains an expectation of privacy in luggage stored in a host's dwelling. See, e.g., United States v. Davis, 332 F.3d 1163, 1167-1168 (9th Cir. 2003); United States v. Salinas-Cano, 959 F.2d 861, 864-865 (10th Cir. 1992); United States v. Wilson, 536 F.2d 883, 884-885 (9th Cir.), cert. denied, 429 U.S. 982 (1976). See also 4 W.R. LaFave, Search and Seizure § 8.5(d), at 231-232 & n.104 (4th ed. 2004) ("Among the articles which it would seem would most commonly be deserving of the 'high expectation of privacy' label in the host-guest context would be the overnight bag or suitcase or similar object brought to the premises by the guest").

Although the bags in this case were not traditional luggage, there is no reasoned basis to draw a legal distinction between a guest's containers based on the materials from which they are made, their shape, or the mechanism by which they are closed. Cf. Commonwealth v. Linton, 456 Mass. 534, 557 (2010) (defendant held expectation of privacy in backpack he brought to his brother's house for extended visit). The Commonwealth makes no claim that the bags were not closed. We conclude that the defendant maintained a reasonable expectation of privacy in both his backpack and the shopping bag.

How they crunch the numbers

CNN - Top Stories - Mon, 2025-05-26 03:28
CNN political correspondent Tom Foreman breaks down the number crunching used to determine the unemployment rate.
Categories: CNN, News

Opinion: Is Syria unsolvable?

CNN - Top Stories - Mon, 2025-05-26 03:28
Aaron David Miller says the need to stop the killing is urgent, but the options for doing that are either imperfect half measures or costly intervention that nobody wants
Categories: CNN, News

Maid breaks in, cleans, leaves bill

CNN - Top Stories - Mon, 2025-05-26 03:28
An Ohio woman has been dubbed the "Cleaning Fairy" after she allegedly broke into a home, cleaned and left a bill.
Categories: CNN, News

Knock Knock. Who’s There? Bilderberg. Bilderberg Who?

TruthNews.US - News - Mon, 2025-05-26 03:28
Steve Watson | While the representatives of every major international organisation on the planet meet in a hotel in Virginia, the corporate media is reporting that Justin Bieber knocked himself out by walking into a door.

Resuscitate requests: Your views

BBC - News - Mon, 2025-05-26 03:28
When should doctors resuscitate loved ones?
Categories: BBC, News
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