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On summary judgment, entry into plaintiff’s hotel room was without exigent circumstances or a warrant, and a jury might find the officers liable. On this claim, the law is well settled. “Making all inferences in plaintiffs' favor, a reasonable fact-finder could conclude that a competent officer under the circumstances of this case would have understood both that exigent circumstances did not exist before the officers entered the room and that entering the room in the absence of such circumstances violated plaintiffs’ [clearly established] constitutional rights.” Inman v. Siciliano, 2012 U.S. Dist. LEXIS 75285 (D. Mass. May 31, 2012).*

DUI traffic stop led to plain view of a switchblade in passenger’s lap which caused his arrest. Following that, a plain view of a gun led to a search for which he had no standing. United States v. Seigler, 2012 U.S. App. LEXIS 10854 (3d Cir. May 30, 2012).*

In this murder case the defendant did not specify what was to be suppressed, but “[w]aiver notwithstanding, the only testimony is that the Defendant consented to the search of his vehicle.” That’s first a question of fact resolved against him. State v. Sexton, 2012 Tenn. LEXIS 377 (May 29, 2012).*

BEIRUT (AP) -- Washington reached out to Syria's most important ally and protector Saturday, urging Russia to join a coordinated effort to resolve the deadly conflict as the violence spilled across the border into Lebanon, a senior State Department official said....

The government’s motion to compel DNA samples is granted. Defendants are already indicted, and it needs to test the samples to confirm a CODIS match. The government also has shown probable cause for the sample. United States v. Sexton, 2012 U.S. Dist. LEXIS 75847 (W.D. Wash. May 31, 2012):

The Court notes that "the obtaining of physical evidence from a person involves a potential Fourth Amendment violation at two different levels—the 'seizure' of the 'person' necessary to bring him into contact with government agents and the subsequent search for and seizure of the evidence." Dionisio, 410 U.S. at 8 (internal citation omitted). In this case, the first level is not at issue. An indictment has been returned against each Defendant, Dkt. # 23, and a neutral magistrate has found probable cause to seize each Defendant, Dkt. # 1. The Court thus moves to the second level question: whether, "'given all the circumstances set forth in the affidavit before [the Court] ... there is a fair probability that contraband or evidence of a crime will be found in a particular place.'" United States v. Tan Duc Nguyen, 673 F.3d 1259, 1263 (9th Cir. 2012) (quoting Illinois v. Gates, 462 U.S. 213, 238 (1983)).

. . .

Moreover, the Court sees no reason to deny the United States' request as to the DNA or the fingerprints simply because the United States may have already procured similar samples. As the United States explains, the laboratory requests new DNA samples in order to confirm that the CODIS record is accurate. Frankly, this is not only logical, but reassuring. It minimizes the risk that an erroneous positive will result in the conviction of an innocent defendant. And while Defendants may have been fingerprinted already in this case, major case prints—a far more thorough recording of all the friction detail ridges covering the hand—have not been obtained.

ORLANDO, Fla. (AP) -- An attorney for the former neighborhood watch volunteer charged with killing Trayvon Martin is delaying his request for a new bond hearing....

Police arrived at the location of a 911 call that was just ending when they saw a man fitting the description of a man with a gun. All things considered, that was reasonable suspicion and not a generic discovery of this defendant. United States v. Willis, 2012 U.S. Dist. LEXIS 75858 (N.D. Okla. June 1, 2012)*:

In this case, police heard a dispatch that a black man wearing a gray shirt was present at a disturbance with a gun at a specific address. Officers Hamm and Zeller immediately responded to the dispatch and drove to the address. They arrived at the address within two minutes of hearing the dispatch, and they found a black man wearing a gray shirt about a block away from the 911 caller's house. ... [¶] Although not cited by the parties, the Court finds that the Supreme Court's decision in Florida v. J.L., 529 U.S. 266 (2000), is relevant to the Court's determination as to whether Officers Hamm and Zeller had reasonable suspicion to initiate a stop. ...

Considering the evidence known to Officers Hamm and Zeller before initiating the stop, the Court finds that the stop was reasonable from its inception. Defendant bore a reasonable resemblance to person described by the dispatcher and he was found near the 911 caller's house. Officers Hamm and Zeller arrived at 911 caller's house about two minutes after hearing the dispatch, and it was reasonable for them to believe that the black male wearing a gray shirt was the same person described by the dispatcher. The Court gives particular weight to the close geographical proximity of the defendant to the caller's house and the temporal proximity of the events. Officers Hamm and Zeller arrived at the 911 caller's house almost before the 911 call was completed and they found a person matching the description provided to them. The Court also notes that this was a residential area, not a commercial or high traffic area, and police were not confronted with a situation where they were likely to find numerous persons meeting a generic description. ...

EVANSVILLE, Wis. (AP) -- Republican Gov. Scott Walker and Democratic challenger Tom Barrett began a final push Saturday to connect with voters in person before next week's historic recall election, appearing at farm breakfasts and restaurants and rallying campaign workers....

EVANSVILLE, Wis. (AP) -- Republican Gov. Scott Walker and Democratic challenger Tom Barrett began a final push Saturday to connect with voters in person before next week's historic recall election, appearing at farm breakfasts and restaurants and rallying campaign workers....

EVANSVILLE, Wis. (AP) -- Republican Gov. Scott Walker and Democratic challenger Tom Barrett began a final push Saturday to connect with voters in person before next week's historic recall election, appearing at farm breakfasts and restaurants and rallying campaign workers....

EVANSVILLE, Wis. (AP) -- Republican Gov. Scott Walker and Democratic challenger Tom Barrett began a final push Saturday to connect with voters in person before next week's historic recall election, appearing at farm breakfasts and restaurants and rallying campaign workers....

EVANSVILLE, Wis. (AP) -- Republican Gov. Scott Walker and Democratic challenger Tom Barrett began a final push Saturday to connect with voters in person before next week's historic recall election, appearing at farm breakfasts and restaurants and rallying campaign workers....

EVANSVILLE, Wis. (AP) -- Republican Gov. Scott Walker and Democratic challenger Tom Barrett began a final push Saturday to connect with voters in person before next week's historic recall election, appearing at farm breakfasts and restaurants and rallying campaign workers....

JERUSALEM (AP) -- An Israeli official says Prime Minister Benjamin Netanyahu has decided to remove a West Bank outpost ahead of a court deadline, and is mulling whether to demolish the buildings or relocate them....

JERUSALEM (AP) -- An Israeli official says Prime Minister Benjamin Netanyahu has decided to remove a West Bank outpost ahead of a court deadline, and is mulling whether to demolish the buildings or relocate them....

The Queen watches the Derby at Epsom

RALEIGH, N.C. (AP) -- John Edwards' mistress Rielle Hunter is publishing a memoir about her relationship with the former presidential candidate and their daughter....

RALEIGH, N.C. (AP) -- John Edwards' mistress Rielle Hunter is publishing a memoir about her relationship with the former presidential candidate and their daughter....

A website on dealing with United States v. Jones in the future: usvjones.com:

USvJones.com
How to Define Fourth Amendment Doctrine for Searches in Public?

Papers due June 4th, if you're interested. A meeting in DC June 7-8.

Infowars.com | Photos documenting events yesterday as the criminal class arrived for their previously secret meeting.

As Romney thinks about his Vice Presidential running mate, will he turn to a Latino? CNN's Dana Bash reports.

FRESNO, Calif. (AP) -- The animal welfare advocates that gave egg-laying hens more room in California are trying to expand chicken coops across the nation with an unlikely ally - a group that previously had been its biggest opponent....