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BELLEFONTE, Pa. (AP) -- Before his arrest on child molestation charges seven months ago, Jerry Sandusky was widely considered a living Penn State sports legend and the founder of an exemplary organization that worked with at-risk children....

A mayor at the centre of recent anti-mining protests in Peru is placed in detention for up to five months over claims he incited violence.

At the Council on Foreign relations this week, Sen. Marco Rubio talked tough on the international hotspot of the day, Syria.

At the Council on Foreign relations this week, Sen. Marco Rubio talked tough on the international hotspot of the day, Syria.

CAIRO (AP) -- Hosni Mubarak was sentenced to life in prison Saturday for failing to stop the killing of protesters during the uprising that ousted him, offering his opponents a measure of justice. But he and his two sons were acquitted of corruption in a verdict that did not satisfy public demands for accountability after what the chief judge called 30 years of "darkness" under the old regime....

Infowars.com | Guardian correspondent Charlie Skelton investigates the roots of the EU and Bilderberg.

CAIRO (AP) -- Hosni Mubarak was sentenced to life in prison Saturday for failing to stop the killing of protesters during the uprising that ousted him, offering his opponents a measure of justice. But he and his two sons were acquitted of corruption in a verdict that did not satisfy public demands for accountability after what the chief judge called 30 years of "darkness" under the old regime....

Huge crowds continue to occupy Cairo's Tahrir Square in protest against the outcome of the trial of Egypt's ex-President Hosni Mubarak.

Northern Ireland concede six goals for the first time in 51 years as their inexperienced side falls to a 6-0 defeat by the Netherlands.

Former world number one Caroline Wozniacki follows 2010 champion Francesco Schiavone out of the French Open.

CAIRO (AP) -- War hero. Savior of the nation. An anchor of stability in a turbulent region. And in the twilight of his life, a criminal convicted for his role in the deaths of those fighting to oust him....

CAIRO (AP) -- War hero. Savior of the nation. An anchor of stability in a turbulent region. And in the twilight of his life, a criminal convicted for his role in the deaths of those fighting to oust him....

CAIRO (AP) -- War hero. Savior of the nation. An anchor of stability in a turbulent region. And in the twilight of his life, a criminal convicted for his role in the deaths of those fighting to oust him....

Ron Arnold | MAIG’s agenda has expanded from tracking “illegal” guns used in crimes to promoting outright gun bans in Congress.

Actor Samuel West comes to the rescue of a play he was watching when one of its stars fell from a ladder onto the stage, minutes after the curtain went up.

COLUMBUS, Ohio (AP) -- When John Blaine realized 11-year-old Matt Woodrum was struggling through his 400-meter race at school in central Ohio, the physical education teacher felt compelled to walk over and check on the boy....

COLUMBUS, Ohio (AP) -- When John Blaine realized 11-year-old Matt Woodrum was struggling through his 400-meter race at school in central Ohio, the physical education teacher felt compelled to walk over and check on the boy....

ANSLEY, Neb. (AP) -- Hundreds of people have gathered in Nebraska to remember two high school basketball coaches killed when a team van collided with a pickup....

A rare 1932 hand-drawn cover of a Tintin comic goes for 1.3m euros at auction in Paris - setting a new record for the genre.

Police entry onto the curtilage, defendants’ carport, violated the Fourth Amendment because, while it could be seen, it was still a trespass under Jones. United States v. Perea-Rey, 2012 U.S. App. LEXIS 10941 (9th Cir. May 31, 2012):

This confusion has persisted for decades. For example, in United States v. Magana, 512 F.2d 1169 (9th Cir. 1975), we stated that "'a reasonable expectation of privacy,' and not common-law property distinctions, now controls the scope of the Fourth Amendment." Id. at 1170-71 (citing Katz). Relying on Magana, we repeated this error in a recent opinion that the government cited to the district court. See United States v. Pineda-Moreno, 591 F.3d 1212 (9th Cir. 2010), vacated, 132 S. Ct. 1533, 182 L. Ed. 2d 151 (2012). In Pineda-Moreno, despite the government's admission that agents had, without a warrant, entered the curtilage of the defendant's home to place a mobile tracking device on his car in his driveway, our court concluded that there was no Fourth Amendment violation because Pineda-Moreno had no reasonable expectation of privacy in the curtilage. Id. at 1215. The Supreme Court recently and emphatically repudiated this reasoning, explaining that "as we have discussed, the Katz reasonable-expectation-of-privacy test has been added to, not substituted for, the common-law trespassory test." Jones, 132 S. Ct. at 952.

After determining that the carport was part of the curtilage to the home, the district court erroneously concluded that the agents did not violate Perea-Rey's Fourth Amendment rights when they occupied the carport without a warrant. The Supreme Court has explained that the role of reasonable expectation analysis in evaluating the constitutionality of searches of the curtilage is only in determining the scope of the curtilage, and not the propriety of the intrusion. See Dunn, 480 U.S. at 300 ("[T]he extent of the curtilage is determined by factors that bear upon whether an individual reasonably may expect that the area in question should be treated as the home itself."). The district court circularly reasoned that because the agents were able to freely enter the carport, Perea-Rey had no reasonable expectation of privacy in the carport. Yet, because it was curtilage, it was a constitutionally protected area, and the warrantless entry, search and seizure by the agents violated Perea-Rey's Fourth Amendment rights. See Payton, 445 U.S. at 586 ("It is a 'basic principle of Fourth Amendment law' that searches and seizures inside a home without a warrant are presumptively unreasonable."). No further showing was required of Perea-Rey.

The district court also conflated the ability to observe inside the curtilage with the right to enter the curtilage without a warrant. Although a warrant is not required to observe readily visible items within the curtilage, and "officers [need not] shield their eyes when passing by a home on public thoroughfares," California v. Ciraolo, 476 U.S. 207, 213, 106 S. Ct. 1809, 90 L. Ed. 2d 210 (1986), a warrant is required to enter the home. In Ciraolo, the Supreme Court held that warrantless aerial observation of the curtilage of a home was not a violation of the Fourth Amendment, and that such observations could form the basis for probable cause to support a warrant to search the curtilage. Id. at 213-14. Only after obtaining a warrant based on the observations did officers actually enter Ciraolo's curtilage. The ability to observe part of the curtilage or the interior of a home does not authorize law enforcement, without a warrant, to then enter those areas to conduct searches or seizures. See Struckman, 603 F.3d at 747 ("[P]olice officers must either obtain a warrant or consent to enter before arresting a person inside a home or its curtilage or make a reasonable attempt to ascertain that he is actually a trespasser before making the arrest."). The agents here could observe the curtilage from the sidewalk and use those observations, as in Ciraolo, as the basis for a warrant application. But, the ability to see into the curtilage or the home does not, absent some other exception to the warrant requirement, authorize a warrantless entry by the government. Therefore, the district court erred by admitting the evidence simply because the officers could view the inside of the carport from the street.