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Possible outcomes in pivotal health care law case

AP - U.S. News - Wed, 2025-05-14 11:59
WASHINGTON (AP) -- Some are already anticipating the Supreme Court's ruling on President Barack Obama's health care law as the "decision of the century." But the justices are unlikely to have the last word on America's tangled efforts to address health care woes. The problems of high medical costs, widespread waste, and tens of millions of people without insurance will require Congress and the president to keep looking for answers, whether or not the Affordable Care Act passes the test ...
Categories: Associated Press, News, US

Possible outcomes in pivotal health care law case

AP - U.S. News - Wed, 2025-05-14 11:59
WASHINGTON (AP) -- Some are already anticipating the Supreme Court's ruling on President Barack Obama's health care law as the "decision of the century." But the justices are unlikely to have the last word on America's tangled efforts to address health care woes. The problems of high medical costs, widespread waste, and tens of millions of people without insurance will require Congress and the president to keep looking for answers, whether or not the Affordable Care Act passes the test ...
Categories: Associated Press, News, US

Possible outcomes in pivotal health care law case

AP - U.S. News - Wed, 2025-05-14 11:59
WASHINGTON (AP) -- Some are already anticipating the Supreme Court's ruling on President Barack Obama's health care law as the "decision of the century." But the justices are unlikely to have the last word on America's tangled efforts to address health care woes. The problems of high medical costs, widespread waste, and tens of millions of people without insurance will require Congress and the president to keep looking for answers, whether or not the Affordable Care Act passes the test ...
Categories: Associated Press, News, US

Possible outcomes in pivotal health care law case

AP - U.S. News - Wed, 2025-05-14 11:59
WASHINGTON (AP) -- Some are already anticipating the Supreme Court's ruling on President Barack Obama's health care law as the "decision of the century." But the justices are unlikely to have the last word on America's tangled efforts to address health care woes. The problems of high medical costs, widespread waste, and tens of millions of people without insurance will require Congress and the president to keep looking for answers, whether or not the Affordable Care Act passes the test ...
Categories: Associated Press, News, US

Anxiety, not celebration as Egypt elects president

AP - World News - Wed, 2025-05-14 11:59
CAIRO (AP) -- Faced with a choice between Hosni Mubarak's ex-prime minister and an Islamist candidate, Egyptians entered their latest round of elections in an atmosphere of suspicion, resignation and worry, voting in a presidential runoff that will mean the difference between installing a remnant of the old regime and bringing more Islam into government....

Romney says he'd give Americans `a fair shot'

AP - Politics - Wed, 2025-05-14 11:59
WEATHERLY, Pa. (AP) -- Mitt Romney on Saturday tried to refocus his bus tour on middle-class economic issues as he visited a Pennsylvania foundry a day after President Barack Obama's new immigration policy consumed the campaign debate....

Saudi Crown Prince Nayef dies; new heir needed

AP - World News - Wed, 2025-05-14 11:59
RIYADH, Saudi Arabia (AP) -- Crown Prince Nayef bin Abdul-Aziz, the hard-line interior minister who spearheaded Saudi Arabia's fierce crackdown crushing al-Qaida's branch in the country after the 9/11 attacks and then rose to become next in line to the throne, has died. He was in his late 70s....

School dinner blog donations soar

BBC - News - Wed, 2025-05-14 11:59
A nine-year-old blogger raises more than £65,000 for charity after a council overturned its ban on her taking photos of her school meals.
Categories: BBC, News

Ginsburg: Sharp disagreement on cases

CNN - Top Stories - Wed, 2025-05-14 11:59
Justice Ruth Bader Ginsburg is predicting "sharp disagreement" as the Supreme Court prepares by month's end to release some of its most-talked-about rulings, including the constitutionality of the health care law championed by President Obama.
Categories: CNN, News

Car bombing kills 26 in Pakistani tribal region

AP - World News - Wed, 2025-05-14 11:59
PESHAWAR, Pakistan (AP) -- A car bomb exploded at a crowded bazaar in a northwestern Pakistani tribal region near the border with Afghanistan on Saturday, killing 26 people and wounding over 50 others, hospital and government officials said....

Baghdad car bombs kill 32

CNN - Top Stories - Wed, 2025-05-14 11:59
Two car bombs targeted Shiite pilgrims Saturday in Baghdad, killing at least 32 people and injuring 68 others, police said.
Categories: CNN, News

Syria too risky for observers, U.N. says

CNN - Top Stories - Wed, 2025-05-14 11:59
The United Nations suspends all activities in the country, where the organization says the violence has intensified over the last 10 days.
Categories: CNN, News

Obama, world want bold signs from Europe at G-20

AP - U.S. News - Wed, 2025-05-14 11:59
CHICAGO (AP) -- With global anxiety rising, President Barack Obama is searching for bolder, swifter signals from Europe that it will contain its financial mess and keep it from torpedoing the U.S. economy and his re-election chances along with it....
Categories: Associated Press, News, US

Man found dead on Blackpool beach

BBC - News - Wed, 2025-05-14 11:59
Three men are arrested on suspicion of murdering a man whose body was found on Blackpool beach.
Categories: BBC, News

Italian workers mass to protest Monti cuts, reform

AP - World News - Wed, 2025-05-14 11:59
ROME (AP) -- Tens of thousands of Italian workers rallied in Rome on Saturday to protest pension cuts, tax hikes and labor reforms imposed by the government of Mario Monti and to demand more stable work, particularly for the young....

D.Mass.: All records warrant was not overbroad in eBay reselling fraud case

FourthAmendment.com - News - Wed, 2025-05-14 11:59

Defendant was suspected of running a reselling fraud on eBay, and a search warrant was obtained for all his records pertaining to interstate transportation of stolen property. The search warrant was sufficiently particular and not overbroad. United States v. Kuc, 2012 U.S. Dist. LEXIS 82398 (D. Mass. June 14, 2012):

1. The First Prong: Evidence of Other Contraband

The degree to which evidence of contraband is believed to be on the premises is largely connected to the pervasiveness of the illegal activity being investigated. ...

Pervasiveness for purposes of the first prong is not limited to large organizations or entities. United States v. Falon, 959 F.2d 1143, 1148 (1st Cir. 1992). Thus, in United States v. Morris, the First Circuit found that two illegal drug transactions at the same residential address gave the magistrate judge "sufficient evidence to believe that a large collection of similar contraband would be present in the premises that were to be searched pursuant to the warrant." 977 F.2d at 681.

2. The Second Prong: Distinguishing Contraband

As to the second prong, the principle that emerges from the First Circuit's caselaw is that a warrant is insufficiently particular if the suspected crime being investigated and leading to the warrant application was substantially narrower than the scope of the warrant that ultimately issued. For example, the First Circuit held in United States v. Roche that where an affidavit in support of the warrant application made clear that only motor vehicle insurance fraud was being investigated, a warrant that authorized the seizure of documents pertaining to all types of insurance was overbroad because it could have been more narrowly tailored to only authorize the seizure of documents pertaining to motor vehicle insurance. 614 F.2d 6, 7 (1st Cir. 1980). In other words, where there is "information available to the agents which could have served to narrow the scope of the warrant and protect the defendant['s] personal rights" but the information is either withheld from the magistrate or not included in the warrant, "the warrant [is] inadequate." Klein, 565 F.2d at 190.

But where the warrant's list of items to be seized is tailored to the specific crime being investigated, it will survive an overbreadth challenge under the second prong. For example, the First Circuit upheld a warrant against a particularity challenge where it provided for the seizure of all documents relating to a list of seventeen individuals that constituted evidence of the specific suspected crime of conspiring to defraud the Social Security Administration. United States v. Bithoney, 631 F.2d 1, 2 (1st Cir. 1980).

Even a broad search warrant authorizing the seizure of all of a business's records may be sufficiently particular if the fraud alleged is pervasive such that most, if not all, of the business is suspected of being linked to a mail and wire fraud scheme. This is intimately connected to the scope of the fraud which factors heavily into the first prong analysis. See Brien, 617 F.2d at 306-08. In Brien, as noted above, affidavits submitted with the warrant application demonstrated that the fraud in the business was pervasive. The First Circuit held that "where there ... exists a pervasive scheme to defraud, all the business records of an enterprise may be seized, if they are, as here, accurately described so that the executing officers have no need to exercise their own judgment as to what should be seized." Id. at 309 (emphasis added).

How the Dutch can still save themselves

BBC - News - Wed, 2025-05-14 11:59
How the Dutch can still save themselves
Categories: BBC, News

Saudi Crown Prince Nayef dies

CNN - Top Stories - Wed, 2025-05-14 11:59
Saudi Crown Prince Nayef bin Abdulaziz has died, Saudi state TV said on Saturday.
Categories: CNN, News
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