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Tuesday, January 14, 2014
High Court Struggles Over Consent To Search Issue
http://hopewell-virginia-lawyers.com
High Court Struggles Over Consent To Search Issue
WASHINGTON — During a lively Wednesday oral argument, the justices of the U.S. Supreme Court seemed torn over whether police can conduct a warrantless search of a home over the previous objection of a tenant when a co-tenant subsequently consents.
The case of Fernandez v. California, No. 12-7822, involves the warrantless search of the Los Angeles home of defendant Walter Fernandez. Police came to Fernandez’ apartment after witnesses reported seeing a robbery suspect run into the premises.
When police knocked on the door, Roxanne Rojas answered. She was holding a child and showing signs that she had been beaten, including blood on her clothing. Fernandez also appeared at the door, telling police: “You don’t have any right to come in here. I know my rights.”
Suspecting domestic violence, the police took Fernandez into custody. Witnesses to the earlier robbery identified Fernandez as the perpetrator.
About an hour later, police returned to the apartment and Rojas consented to a search, which produced evidence that included clothing matching the description of the robber, a knife and a gun.
The defendant was charged with several crimes, including burglary with enhanced factors for allegedly using a knife while committing the crime. He moved to suppress the evidence from the search of his home, arguing that he had not consented to the warrantless search.
The trial court denied the motion, ruling that Rojas, as a cotenant, had consented to the search.
The California Court of Appeal affirmed. The court distinguished the Supreme Court’s ruling in the 2006 case Georgia v. Randolph, No. 04-1067, which held that a cotenant cannot consent to a warrantless police search of a home when the co-occupant is present and objecting. Here, the court reasoned, the objecting tenant was no longer present when the search took place.
After the California Supreme Court denied the defendant’s petition for review, the Supreme Court granted his petition for certiorari.
вЂ˜It’s her house, too’
Jeffrey L. Fisher, a professor at Stanford Law School in Stanford, Calif., argued on the defendant’s behalf that when a cotenant consents, there is a “rebuttable presumption” that he or she speaks for all occupants. But when the police know otherwise, that presumption must be reversed.
“When the police full well know that one person doesn’t have a delegated authority to speak for the others, they must respect the objection,” Fisher said. “And a failure to do so violates the Fourth Amendment.”
Justice Stephen Breyer said he was “bothered” by the idea of a battered spouse not being allowed to let police into her home.
“It’s her house, too,” Breyer said. “Can’t she invite people into her house, too, whom she wants, including the policeman? … That’s the example that keeps gnawing on my mind.”
Fisher said that a spouse in that situation “may well be able to invite the police into the dwelling sometimes, but that’s very different than what’s going on here.”
Fisher stressed that Fernandez was present and made a Randolph objection to the search, but was led away involuntarily by police.
“He was in custody for 500-plus days,” Justice Anthony Kennedy pointed out. “For all that time, the wife cannot invite the police? … She can’t get a policeman to assist her for 500 days? This is not Randolph. This is a vast extension of Randolph.”
Fisher tried to give the justices a more limited basis on which to rule in the defendant’s favor.
“I think you can decide the case on a more narrow ground,” he said. “It’s enough to decide this case, and indeed, the vast majority of lower court cases, to say so long as the police make it impossible for somebody to enforce the Randolph objection … voluntary accommodation has to be the solution.” That would allow the objecting tenant to “have a conversation with the cotenant, try to work out the solution to the problem.”
Chief Justice John G. Roberts Jr. wondered how workable that solution was.
“What’s the conversation between the husband and the battered wife, bleeding and holding the four-year-old baby, going to look like?” he asked.
вЂ˜Get a warrant’
California Deputy Attorney General Louis W. Karlin argued that the cotenant had equal rights to allow a police search of the home.
“Everyone knows that when they choose to live together and one person is absent the other person has the authority” to consent to a search, he said.
Breyer said that the court’s precedent stood in the way of that interpretation.
“I don’t see how I could write that without saying I was wrong in Randolph, [when] I still think I was right,” Breyer said.
Justice Elena Kagan agreed.
“I thought that Randolph rejected that analysis. I thought that Randolph said … and I’m quoting here, вЂ˜The cooperative occupant’s invitation adds nothing to the government’s side to counter the force of an objecting individual’s claim to security against the government’s intrusion into his dwelling place.’”
“In this case when the objection was made, the police weren’t searching,” Karlin said. “When the police went to search, there was only one occupant there.”
Joseph R. Palmore, assistant to the U.S. solicitor general arguing as amicus in support of California, said “an individual’s consent to admit visitors into her own home may not be prospectively negated by the earlier objection of an absent tenant.”
“Did they have probable cause to get a warrant?” asked Justice Sonia Sotomayor.
“I think they almost certainly did have probably cause to get a warrant,” Palmore said.
“How about a clear answer: Get a warrant,” Sotomayor said.
A decision is expected later this term.
High Court Struggles Over Consent To Search Issue
WASHINGTON — During a lively Wednesday oral argument, the justices of the U.S. Supreme Court seemed torn over whether police can conduct a warrantless search of a home over the previous objection of a tenant when a co-tenant subsequently consents.
The case of Fernandez v. California, No. 12-7822, involves the warrantless search of the Los Angeles home of defendant Walter Fernandez. Police came to Fernandez’ apartment after witnesses reported seeing a robbery suspect run into the premises.
When police knocked on the door, Roxanne Rojas answered. She was holding a child and showing signs that she had been beaten, including blood on her clothing. Fernandez also appeared at the door, telling police: “You don’t have any right to come in here. I know my rights.”
Suspecting domestic violence, the police took Fernandez into custody. Witnesses to the earlier robbery identified Fernandez as the perpetrator.
About an hour later, police returned to the apartment and Rojas consented to a search, which produced evidence that included clothing matching the description of the robber, a knife and a gun.
The defendant was charged with several crimes, including burglary with enhanced factors for allegedly using a knife while committing the crime. He moved to suppress the evidence from the search of his home, arguing that he had not consented to the warrantless search.
The trial court denied the motion, ruling that Rojas, as a cotenant, had consented to the search.
The California Court of Appeal affirmed. The court distinguished the Supreme Court’s ruling in the 2006 case Georgia v. Randolph, No. 04-1067, which held that a cotenant cannot consent to a warrantless police search of a home when the co-occupant is present and objecting. Here, the court reasoned, the objecting tenant was no longer present when the search took place.
After the California Supreme Court denied the defendant’s petition for review, the Supreme Court granted his petition for certiorari.
вЂ˜It’s her house, too’
Jeffrey L. Fisher, a professor at Stanford Law School in Stanford, Calif., argued on the defendant’s behalf that when a cotenant consents, there is a “rebuttable presumption” that he or she speaks for all occupants. But when the police know otherwise, that presumption must be reversed.
“When the police full well know that one person doesn’t have a delegated authority to speak for the others, they must respect the objection,” Fisher said. “And a failure to do so violates the Fourth Amendment.”
Justice Stephen Breyer said he was “bothered” by the idea of a battered spouse not being allowed to let police into her home.
“It’s her house, too,” Breyer said. “Can’t she invite people into her house, too, whom she wants, including the policeman? … That’s the example that keeps gnawing on my mind.”
Fisher said that a spouse in that situation “may well be able to invite the police into the dwelling sometimes, but that’s very different than what’s going on here.”
Fisher stressed that Fernandez was present and made a Randolph objection to the search, but was led away involuntarily by police.
“He was in custody for 500-plus days,” Justice Anthony Kennedy pointed out. “For all that time, the wife cannot invite the police? … She can’t get a policeman to assist her for 500 days? This is not Randolph. This is a vast extension of Randolph.”
Fisher tried to give the justices a more limited basis on which to rule in the defendant’s favor.
“I think you can decide the case on a more narrow ground,” he said. “It’s enough to decide this case, and indeed, the vast majority of lower court cases, to say so long as the police make it impossible for somebody to enforce the Randolph objection … voluntary accommodation has to be the solution.” That would allow the objecting tenant to “have a conversation with the cotenant, try to work out the solution to the problem.”
Chief Justice John G. Roberts Jr. wondered how workable that solution was.
“What’s the conversation between the husband and the battered wife, bleeding and holding the four-year-old baby, going to look like?” he asked.
вЂ˜Get a warrant’
California Deputy Attorney General Louis W. Karlin argued that the cotenant had equal rights to allow a police search of the home.
“Everyone knows that when they choose to live together and one person is absent the other person has the authority” to consent to a search, he said.
Breyer said that the court’s precedent stood in the way of that interpretation.
“I don’t see how I could write that without saying I was wrong in Randolph, [when] I still think I was right,” Breyer said.
Justice Elena Kagan agreed.
“I thought that Randolph rejected that analysis. I thought that Randolph said … and I’m quoting here, вЂ˜The cooperative occupant’s invitation adds nothing to the government’s side to counter the force of an objecting individual’s claim to security against the government’s intrusion into his dwelling place.’”
“In this case when the objection was made, the police weren’t searching,” Karlin said. “When the police went to search, there was only one occupant there.”
Joseph R. Palmore, assistant to the U.S. solicitor general arguing as amicus in support of California, said “an individual’s consent to admit visitors into her own home may not be prospectively negated by the earlier objection of an absent tenant.”
“Did they have probable cause to get a warrant?” asked Justice Sonia Sotomayor.
“I think they almost certainly did have probably cause to get a warrant,” Palmore said.
“How about a clear answer: Get a warrant,” Sotomayor said.
A decision is expected later this term.
Wednesday, January 8, 2014
Help Make Your Taste Buds Tingle With Savory Cooking Tips
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Help Make Your Taste Buds Tingle With Savory Cooking Tips
Would you consider the wonderful meals your family and friends members make and wonder the way they get it done? This short article will help anyone enhance their cooking abilities.
An excellent starting place while looking to grow your cooking repertoire is the local library or bookstore. Search for cookbooks that contain simple and simple recipes so that you can practice enjoy yourself preparing. Be as patient as possible be if you are finding out how to cook.
Slice meat around the bias very thin if you are making stir fry. This really is rather hard to do, and may take considerable time. Consider the meat from the freezer when it's firm to touch, and slice throughout the grain in an angle of 45 degrees.
Try adding oil to foods from your sides of the pot or pan in in a position to jump-start the heating process. This can give your meal the greatest degree of flavor.
Listed here is a little trick that will save you your sauce to enable you to utilize it immediately. Mix 1 tablespoon of corn starch and two tablespoons water inside a bowl. While stirring, introduce the liquid in your sauce even though it is simmering. Keep stirring your sauce and add the corn starch slowly and gradually.
In case you are cooking meals for somebody you would like to impress, stay with something you might be already knowledgeable about. Usually do not attempt to battle an expensive new recipe, or use ingredients you might have not previously dealt with. This helps to create cooking more fun and much less stressful.
Ice trays could be a great tool for freezing sauces. Just melt the sauce cubes inside a sauce pan if you are prepared to prepare dinner. No worries, since the sauce continues to be quite edible after being frozen in ice cube trays.
Have you ever had trouble considering precisely how long to grill your meats? A high quality, digital, meat thermometer is a great investment for the kitchen as it can certainly let you know precisely the inner temperature from the meat, which will tell you after it is cooked perfectly. Use a grilling lid to lessen the cooking time on thicker cuts of meat.
Ensure that you heed the details given in this post. In a short time, your family are usually in awe of the cooking ability.
Help Make Your Taste Buds Tingle With Savory Cooking Tips
Would you consider the wonderful meals your family and friends members make and wonder the way they get it done? This short article will help anyone enhance their cooking abilities.
An excellent starting place while looking to grow your cooking repertoire is the local library or bookstore. Search for cookbooks that contain simple and simple recipes so that you can practice enjoy yourself preparing. Be as patient as possible be if you are finding out how to cook.
Slice meat around the bias very thin if you are making stir fry. This really is rather hard to do, and may take considerable time. Consider the meat from the freezer when it's firm to touch, and slice throughout the grain in an angle of 45 degrees.
Try adding oil to foods from your sides of the pot or pan in in a position to jump-start the heating process. This can give your meal the greatest degree of flavor.
Listed here is a little trick that will save you your sauce to enable you to utilize it immediately. Mix 1 tablespoon of corn starch and two tablespoons water inside a bowl. While stirring, introduce the liquid in your sauce even though it is simmering. Keep stirring your sauce and add the corn starch slowly and gradually.
In case you are cooking meals for somebody you would like to impress, stay with something you might be already knowledgeable about. Usually do not attempt to battle an expensive new recipe, or use ingredients you might have not previously dealt with. This helps to create cooking more fun and much less stressful.
Ice trays could be a great tool for freezing sauces. Just melt the sauce cubes inside a sauce pan if you are prepared to prepare dinner. No worries, since the sauce continues to be quite edible after being frozen in ice cube trays.
Have you ever had trouble considering precisely how long to grill your meats? A high quality, digital, meat thermometer is a great investment for the kitchen as it can certainly let you know precisely the inner temperature from the meat, which will tell you after it is cooked perfectly. Use a grilling lid to lessen the cooking time on thicker cuts of meat.
Ensure that you heed the details given in this post. In a short time, your family are usually in awe of the cooking ability.
A Rookie's Quick Guide on How You Can Acquire a Brand New Auto
http://www.carinfo.com/newcarbuying.html
A Rookie's Quick Guide on How You Can Acquire a Brand New Auto
A brand-new auto can be a sizable financial investment as a result of the reality that you will certainly be paying a huge sum of cash on its investment. If you have actually never ever acquired an auto before this and require support in steering via the details of auto dealers and agreements, adhere to these pointers on how you can acquire a brand-new auto.
You need to currently have an excellent understanding pertaining to the sort of auto you intend to have and enjoy. Lots of brand-new auto versions are launched yearly and you possibly have a disposition towards 2 or 3 brand names and versions based upon your very own inclinations, budget plan and necessities. Take into consideration essential attributes such as year, make, colour, ability, gas performance, gas mileage rankings, trim degree and alternatives, to name a few. If you're pliable concerning the specifics, you will certainly have a bigger array of selections.
It would certainly additionally aid if you reviewed different auto versions. You could possibly surf auto journals, web sites or customer records for valuable details, specifically if you're unclear concerning just what to acquire.
When acquiring a brand-new auto, prepare to bargain. And you could just do this properly if you understand the maximum amount you could manage to pay. Do some study concerning the autos you intend to acquire, their rates and various other attributes prior to making your final choice.
Prior to you acquire a brand-new auto, it's an excellent suggestion to review quotes from different dealerships. In this way you could undergo an estimation of the complete price and figure out which supplies the most effective bargain. Don't forget that there is even more to acquiring an auto compared to merely the price of the auto; there are additionally numerous costs and taxes you'll need to manage.
Window shopping additionally supplies the ease of a loosened up setting where you could surf the newer versions without experiencing pressure from a fast-talking agent. Via study, you could possibly additionally conserve a substantial quantity of cash if you understand before you start concerning motivations and discounts that will certainly additionally reduce the cost you'll wind up paying.
When acquiring all new, be prepped to anticipate the lowest purchase price. Dealerships are very used to this negotiating, so do not assume you're the a single which will certainly be doing it. Equipped with the details pertaining to the auto you desired, you will certainly be in a much better position to bargain for a purchase price that's reasonable to the dealership and cost effective for you.
There are benefits and drawbacks of investing in your aged auto. Although the majority of trade-ins will certainly acquire you a reduced rate compared to if you marketed the auto by yourself, it does have some benefits. If you have an auto you would certainly desire to trade for a brand-new auto, ask your dealership concerning his highest deal and afterwards go with the best option. Yet do this just after you have finally bargained your way to an excellent acquisition cost for the auto that you wished for.
A Rookie's Quick Guide on How You Can Acquire a Brand New Auto
A brand-new auto can be a sizable financial investment as a result of the reality that you will certainly be paying a huge sum of cash on its investment. If you have actually never ever acquired an auto before this and require support in steering via the details of auto dealers and agreements, adhere to these pointers on how you can acquire a brand-new auto.
You need to currently have an excellent understanding pertaining to the sort of auto you intend to have and enjoy. Lots of brand-new auto versions are launched yearly and you possibly have a disposition towards 2 or 3 brand names and versions based upon your very own inclinations, budget plan and necessities. Take into consideration essential attributes such as year, make, colour, ability, gas performance, gas mileage rankings, trim degree and alternatives, to name a few. If you're pliable concerning the specifics, you will certainly have a bigger array of selections.
It would certainly additionally aid if you reviewed different auto versions. You could possibly surf auto journals, web sites or customer records for valuable details, specifically if you're unclear concerning just what to acquire.
When acquiring a brand-new auto, prepare to bargain. And you could just do this properly if you understand the maximum amount you could manage to pay. Do some study concerning the autos you intend to acquire, their rates and various other attributes prior to making your final choice.
Prior to you acquire a brand-new auto, it's an excellent suggestion to review quotes from different dealerships. In this way you could undergo an estimation of the complete price and figure out which supplies the most effective bargain. Don't forget that there is even more to acquiring an auto compared to merely the price of the auto; there are additionally numerous costs and taxes you'll need to manage.
Window shopping additionally supplies the ease of a loosened up setting where you could surf the newer versions without experiencing pressure from a fast-talking agent. Via study, you could possibly additionally conserve a substantial quantity of cash if you understand before you start concerning motivations and discounts that will certainly additionally reduce the cost you'll wind up paying.
When acquiring all new, be prepped to anticipate the lowest purchase price. Dealerships are very used to this negotiating, so do not assume you're the a single which will certainly be doing it. Equipped with the details pertaining to the auto you desired, you will certainly be in a much better position to bargain for a purchase price that's reasonable to the dealership and cost effective for you.
There are benefits and drawbacks of investing in your aged auto. Although the majority of trade-ins will certainly acquire you a reduced rate compared to if you marketed the auto by yourself, it does have some benefits. If you have an auto you would certainly desire to trade for a brand-new auto, ask your dealership concerning his highest deal and afterwards go with the best option. Yet do this just after you have finally bargained your way to an excellent acquisition cost for the auto that you wished for.
Jump Off Those Unwanted Pounds By Using This Excellent Advice!
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Jump Off Those Unwanted Pounds By Using This Excellent Advice!
Fitness means a lot more than exercising in a gym. It requires a lot of knowledge, body strength, persistence, and patience to completely have the ability to see results and also to achieve your individual fitness and health goals. Follow these suggestions to help make your routine more efficient.
Take time to discover exercises which you find enjoyable and sustainable. Pick something you like, so that you can actually anticipate exercising.
Registering for a multi-month gym membership is a terrific way to ensure that you stay with your fitness plan By doing this, you'll be more prone to make use of the gym due to how you'd feel in the event you don't use something you might have already purchased. In the event you don't follow-through together with your workouts, paying your fees upfront can wind up wasting lots of money, so use only this course if you've tried anything else.
A simple weight lifting routine of high weight and minimize repetitions is perfect for building muscles. First, choose a muscles, such as your pectoral muscles. Consider using a little warmup first you may not wish to strain the muscles. Do about 20 reps to heat up: use lighter weights if you fail to do 20 reps. The following set ought to include about 6 to 8 repetitions having a heavier weight. Prior to the third set, add five more pounds and repeat.
Using a hard, defined six-pack is definitely not achieved by exercising alone. Abdominal exercises do strengthen the muscles however, they don't burn abdominal fat. If you want to have washboard abs, you have to enhance your diet as well as engage in cardio exercise and weight training.
Never try to move from the bed and workout if you are underneath the weather. Your system needs the entire usage of most of its practical information on the recovery process when you're ill. A sick body will not be prepared to increase muscular mass or endurance. So you need to have an escape from exercising before you feel much better. When you are healing, look after the body with a great diet and a lot of sleep.
The density of the workouts should increase to be able to quickly shed weight. This means that you ought to include more activities inside a smaller period of time to be able to see better results. This could be accomplished if you take shorter breaks between intervals, or dispensing with breaks completely. This will help you to see good results with just how much weight you lose.
Fitness is a thing which can be enjoyed by everyone, only those serious about this, will endeavour to perfect their fitness routine every chance they get. Using this additional fitness knowledge, now you can fine-tune your personal routine or produce a healthy fitness routine completely from scratch to assist you achieve your workout goals.
Jump Off Those Unwanted Pounds By Using This Excellent Advice!
Fitness means a lot more than exercising in a gym. It requires a lot of knowledge, body strength, persistence, and patience to completely have the ability to see results and also to achieve your individual fitness and health goals. Follow these suggestions to help make your routine more efficient.
Take time to discover exercises which you find enjoyable and sustainable. Pick something you like, so that you can actually anticipate exercising.
Registering for a multi-month gym membership is a terrific way to ensure that you stay with your fitness plan By doing this, you'll be more prone to make use of the gym due to how you'd feel in the event you don't use something you might have already purchased. In the event you don't follow-through together with your workouts, paying your fees upfront can wind up wasting lots of money, so use only this course if you've tried anything else.
A simple weight lifting routine of high weight and minimize repetitions is perfect for building muscles. First, choose a muscles, such as your pectoral muscles. Consider using a little warmup first you may not wish to strain the muscles. Do about 20 reps to heat up: use lighter weights if you fail to do 20 reps. The following set ought to include about 6 to 8 repetitions having a heavier weight. Prior to the third set, add five more pounds and repeat.
Using a hard, defined six-pack is definitely not achieved by exercising alone. Abdominal exercises do strengthen the muscles however, they don't burn abdominal fat. If you want to have washboard abs, you have to enhance your diet as well as engage in cardio exercise and weight training.
Never try to move from the bed and workout if you are underneath the weather. Your system needs the entire usage of most of its practical information on the recovery process when you're ill. A sick body will not be prepared to increase muscular mass or endurance. So you need to have an escape from exercising before you feel much better. When you are healing, look after the body with a great diet and a lot of sleep.
The density of the workouts should increase to be able to quickly shed weight. This means that you ought to include more activities inside a smaller period of time to be able to see better results. This could be accomplished if you take shorter breaks between intervals, or dispensing with breaks completely. This will help you to see good results with just how much weight you lose.
Fitness is a thing which can be enjoyed by everyone, only those serious about this, will endeavour to perfect their fitness routine every chance they get. Using this additional fitness knowledge, now you can fine-tune your personal routine or produce a healthy fitness routine completely from scratch to assist you achieve your workout goals.
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