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news aggregatorTories: Poll pressure on MilibandThe Conservatives say Thursday's local elections are a "test" of Ed Miliband's Labour leadership, as they play down their own hopes of holding on to many of the seats they gained in 2008.
Mystery over MI6 death to endureSpy's death shed a 'harsh light' on workings of MI6
French rivals in feisty TV debateFrance's Nicolas Sarkozy and Francois Hollande trade insults and accusations in a heated televised debate before Sunday's presidential run-off vote.
Bomb team sent to church alertAn army bomb team is sent to examine a suspicious package found near a church in north Belfast.
E.D.Mo.: Defendant was told he could refuse consent, and his claim he attempted to refuse to consent and his failure to talk to Pretrial Services suggests intelligenceDefendant was found to have consented to a search of his car after the stop was based on knowledge of a warrant. He was at least twice told he could refuse consent. And “[h]e did not interview with the Pretrial Services Officer so the amount of his education is not available; he appears intelligent enough making a practice of not consenting to a search or refusing to speak to the Pretrial Services Officer; there was no problem with his language ability.” United States v. Capps, 2012 U.S. Dist. LEXIS 60054 (E.D. Mo. February 24, 2012).* Defendant was found to have consented. Even if he hadn’t, the drugs would inevitably have been found by an inventory search on impoundment because the officers already knew that the LPN didn’t belong with the car. United States v. Capps, 2012 U.S. Dist. LEXIS 60055 (E.D. Mo. April 30, 2012).* Defendant’s statutory argument that a city could not impose its city speed limit on unimproved land near the border is rejected. Peck v. State, 2012 Ida. App. LEXIS 31 (April 30, 2012).* Defendant was detained for Miranda and Fourth Amendment purposes when he was found nearly dying in the desert and Border Patrol EMT’s questioned him. United States v. Vasquez-Corrales, 2012 U.S. Dist. LEXIS 59818 (D. Ariz. April 5, 2012).* Typhoons arrive for Olympic roleRoyal Air Force Typhoon jets arrive at a London airbase for a large-scale Olympic security training exercise, ready for their role in the summer.
CA4: Second frisk was factually justified by first being cursorySecond frisk by another officer was still reasonable because the first was “was hardly comprehensive,” and defendant’s actions strongly indicated he was hiding something. United States v. Roach, 2012 U.S. App. LEXIS 8768 (4th Cir. April 30, 2012): Roach's conduct during the stop only heightened the officers' suspicion that he possessed a weapon. Roach was seen contorting his body, sitting "upright" and "half off the [front passenger's] seat." J.A. 74-75. While in that strange posture, he repeatedly thrust both hands behind him toward his pants and waistband area, all the while watching Officer Burnem, who was at the time preoccupied with the driver. Roach persisted in these movements, moreover, even after Officer Kruger opened the back door of the car and ordered Roach to put his hands up. Those movements, consistent with concealing or retrieving a weapon, would have led a reasonably prudent officer to fear for his or her safety. See United States v. Hamlin, 319 F.3d 666, 671-672 (4th Cir. 2003) (defendant's "repeated attempts to reach toward his groin area gave [the officer] reason to believe that [the defendant] was armed and dangerous"). Meanwhile, the driver's odd behavior upon being stopped — namely, exiting the vehicle rapidly while leaving the car door ajar — reinforced the officers' apprehension. Given these circumstances, Roach appears to concede that Officer Kruger had sufficient justification to perform an initial Terry frisk for the presence of weapons. See Brief of Appellant at 13 ("Officer Kruger may have developed a reasonable suspicion to search Roach"). Roach argues, however, that any authority to frisk him under Terry vanished as soon as Officer Kruger's patdown uncovered no weapon. In Roach's view, any subsequent patdown was unlawful because Officer Kruger's failure to detect a weapon on him allayed any reasonable suspicion. The perception of danger, however, did not dissipate with Officer Kruger's frisk. As an initial matter, Roach impeded Officer Kruger's patdown by defying his instructions. He repeatedly brought his hands and elbows down to his waistband area, sought to remain close to the car, and resisted spreading his feet apart. Those movements indicated that Roach was concerned about something Officer Kruger might find. Indeed, Officer Kruger testified that he was compelled to handcuff Roach during the frisk because Roach's movements caused him to be concerned "for officer safety." J.A. 82. Obama should listen to Bill ClintonJailed Ethiopian writer honouredAn imprisoned journalist, who could face the death penalty for criticising Ethiopia's human rights record, is given a prestigious freedom of expression award.
Chen could overshadow U.S.-China talksMcCain: Obama Afghan trip 'not political'Why Romney's success reads as out-of-touchWife of Edwards aide sought 'the truth'Obama's plan for AfghanistanThick of It writer raps censorsA writer for British comedy The Thick of It criticises BBC America's decision to censor the award-winning political satire.
WA: State search warrant on fee land on Indian reservation validThe state had jurisdiction to try an offense against state law that occurred on fee land located on an Indian reservation, and state officers could execute a search warrant there. Nevada v. Hicks recognizes that states can prosecute state crimes on fee land. State v. Clark, 2012 Wash. App. LEXIS 861 (April 12, 2012)*: ¶14 This case is neither Baker nor Mathews. Unlike Colorado in the Baker case, Washington had jurisdiction over the crime it was prosecuting. Mathews is a little closer factually, but even if the quoted observation is treated as a rule of law, it has been superseded by Nevada v. Hicks, 533 U.S. 353, 121 S. Ct. 2304, 150 L. Ed. 2d 398 (2001). ¶15 In Hicks, the court faced the question of whether a tribe could assert jurisdiction over state officers serving a state warrant on reservation trust land. The court answered the question in the negative, noting that states typically have jurisdiction over reservation lands unless a competing policy interest prohibited it. 533 U.S. at 361-65. The court specifically ruled that state officers could enter the reservation and serve a search warrant for a crime committed within the state's jurisdiction. Id. at 363-64. Syria army 'committed war crimes'Human Rights Watch accuses Syrian government forces of committing war crimes in the province of Idlib as the 12 April ceasefire approached.
Top Irish Catholic faces new abuse cover-up claimsDUBLIN (AP) -- The leader of Ireland's 4 million Catholics, Cardinal Sean Brady, faced renewed pressure to resign Wednesday after a BBC documentary accused him of helping to cover up child abuse committed by a notorious pedophile priest in the 1970s....
Knox trial video cost challengedAuditors are investigating Italian prosecutors involved in the murder trial of US student Amanda Knox over the cost of a controversial video re-enactment.
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