Police: Man charged in theft Jul 1, 2009
forged his boss' signature on 318 time cards since 2006, according to the affidavit of probable cause. Smeal, 24, faces two counts of theft by deception and one count of forgery after he forged his boss' signatures on his time cards, according to the criminal complaint. (Daily Collegian, PA)
ACLU says NOPD racially profiling against minorities Jul 1, 2009
There must be probable cause or reasonable suspicion. The organization also notes that, if patrolling an all-minority neighborood, chances are the majority of people pulled over or arrested will also be mostly minorities. (WWLTV.com, LA)
States hail ruling on banking laws Jun 30, 2009
"Here, the threatened action was not the bringing of a civil suit, or the obtaining of a judicial search warrant based on probable cause, but rather the attorney general's issuance of subpoena on his own authority," said Justice Antonin Scalia, who wrote the opinion for the court. "That is not the exercise of the power of law enforcement 'vested in the courts of justice,' " which the National Banking Act allows. (Albany Times Union)
Court's ruling correct Jun 30, 2009
Retired Police Chief wrote on Jun 29, 2009 3:05 PM:" I do not think they had enough probable cause to even call the parents and/or law enforcement. I do not know all of the details but the word of another person is not probable cause to do a strip search. ". az wrote on Jun 29, 2009 12:24 PM:" i am glad that the court ruled that this was not lagit search. and to OK Kiddies you have it wrong! if there is cause to search a student they should call the parents and the police not to take it in there... (Sierra Vista Herald, AZ)
State argues for its right to use Limbaugh records Jun 30, 2009
Martz wrote that the subpoena procedure was not applicable because investigators had established probable cause in a criminal case to seize the records. Limbaugh publicly admitted an addiction to prescription painkillers and sought treatment in October, after his former maid told prosecutors and a tabloid newspaper she provided the Palm Beach resident with thousands of illegal pills. (Yahoo News -- Rush Limbaugh)
Graham re-indicted on drug charge Jun 30, 2009
The state had argued that it had probable cause after finding the clear plastic box, however Windahl ruled that reasonable suspicion was unjustified and that the initial search was unlawful. Further, Graham's incriminating statements about the drugs after the illegal search were "tainted by the illegality," Windahl wrote. (Juneau Empire)
Don't toke in Plaza with concealed weapons (26) Jun 30, 2009
"Just so you know," the man told the officer, "there's an Air Soft pistol in there." Having abundant probable cause, the officer inspected the pack and found the pellet pistol, which had been modified in violation of state and federal laws which require the manufacturer's orange muzzle ring to remain on toy guns. Also in the man's pack was a large, approximately 14-inch long hunting knife and a 12-pack of Coors Light beer. (Sonoma Index-Tribune, CA)
TWO ARRESTED ON DRUG CHARGES Jun 30, 2009
Circuit Judge Jodi Dennis ruled prosecutors had probable cause to charge Casteal Buckhanan, 25, with possession of drug paraphernalia, and Willie Laws, 22, with possession of marijuana with intent to deliver, and fleeing. Warrant served. (Pine Bluff Commercial, AR)
TWO ARRESTED WITH SAWED-OFF SHOTGUN Jun 30, 2009
Following a court hearing Monday, Circuit Judge Jodi Dennis ruled prosecutors had probable cause to charge Orlando Walker, 33, and Darryl Williams, 25, with criminal use of a prohibited weapon, based on an affidavit from police Detective Brad Vilches. The judge also ruled Williams could be charged with felon in possession of a firearm because of a prior conviction. (Pine Bluff Commercial, AR)
SECOND SUSPECT CAUGHT IN STOLEN JEEP INCIDENT Jun 30, 2009
Stewart appeared in court last week and Circuit Judge Berlin Jones set a 5,000 bond for him after ruling prosecutors had probable cause to file theft by receiving charges. On Monday, Pugh said Maxwell had no prior convictions. (Pine Bluff Commercial, AR)
Hawaii's DLNR shifts its enforcement focus Jun 30, 2009
As it stands, DOCARE officers can inspect containers only if there's probable cause. Licensed commercial fishers are required to file a monthly catch report, but at least one-third ignore the rule, Thielen said. (Honolulu Advertiser)
Air Methods seeks change in crash report Jun 30, 2009
Englewood-based Air Methods (NASDAQ: AIRM) on Monday announced it filed a petition with the NTSB, asking the agency to reconsider or change its probable cause finding in the June 29, 2008, accident ... We are deeply troubled by what we consider to be critical inaccuracies in the NTSB current Probable Cause Report and the inconsistencies between the findings in this case versus previous cases, Aaron Todd, CEO of Air Methods, said in a statement. (Denver Business Journal, CO)
Speeding or fleeing police could bring vehicle forfeiture Jun 29, 2009
Although Jones' fleeing case still is pending in court, a civil court judge in a separate proceeding found there is probable cause for his motorcycle to be forfeited to the government. He has time to respond to that finding, and has been contacted by an attorney for the Department of Highway Safety and Motor Vehicles to make an offer. (Daytona Beach News Journal)
Drug dog Jock ready to hit the streets with LPD Jun 29, 2009
river ranger wrote on Jun 28, 2009 1:05 PM:" Laws are made to follow and abide by, including law enforcement. Someone or a group of people felt there was a need for it. If you don't agree with the reason for it, work toward changing it. Law enforcement must have the right to search (probable cause) your vehicle otherwise they would be called on the carpet by a lawyer in court. I don't like some laws myself but if I break the law and get caught I admit it and get on with life. ". Louie wrote on... (Longview Daily News, WA)
Bush, Obama Separated at Birth on State Secrets: Ann Woolner Jun 29, 2009
Updated: New York, Jun 29 04:19 London, Jun 29 09:19 Tokyo, Jun 29 17:19. Commentary by Ann Woolner. (Bloomberg -- Columnists)
PROTECTING HAWAII WATERS Jun 29, 2009
DOCARE officers are not allowed to check coolers, boat holds, bags or other containers for illegal catches without probable cause. A proposed law that would've required license 00004000 d commercial fishers to open containers for inspection upon request never made it out of committee during this year's Legislature, where fishing interests have a strong voice. (Honolulu Advertiser)
Did toxic chemical in Iraq sicken GIs? Jun 28, 2009
While acknowledging he wasn't 100% certain that's why he has cancer, Gentry who served a second tour in Iraq said his doctor "believes the most probable cause was my exposure to this chemical.". The Indiana, West Virginia and Oregon National Guards have sent hundreds of letters to soldiers notifying them of possible contamination and urging them to seek medical attention. (USA Today -- News)
Police say theft ring cracked Jun 28, 2009
According to the affidavit of probable cause, the first incident occurred May 27, when a MasterCard credit card was taken from a vehicle parked at Valley Forge and used to buy nearly $500 in goods from an Acme grocery store, Shell service station and Target store in Philadelphia. Video surveillance cameras in Target reportedly captured suspect Devin Williams using the stolen card. (King of Prussia Courier, PA)
Father Arrested, Charged In Child's Death Jun 28, 2009
Through interviews of witnesses and family members, as well as the execution of search warrants and consultation with the State Attorney's Office, detectives gathered probable cause and obtained an arrest warrant for the suspect Friday morning. He turned himself in Friday afternoon and remains in jail in lieu of bonds totaling $500,000. (News4Jax.com, FL)
Westport farm family makes way for 12 orphaned ducklings Jun 27, 2009
The clerk magistrate will determine whether there is probable cause to file a criminal complaint, Miliote said. If the clerk [magistrate] finds that this was enough to bring a criminal complaint, then we will absolutely prosecute [him], Miliote said. (Boston Globe)
2 Go To Court In Officer's Death Jun 27, 2009
The probable cause report stated that after money was exchanged, Carillo pulled out a gun and told Canales to hand over the keys to a rental van containing the items. Canales suffered at least one gunshot wound and collapsed at the scene. (Click2Houston, TX)
Our Views: It gets worse Jun 27, 2009
Attorney Steve Kahn, appointed by House Speaker Larry Cretul to investigate an ethics complaint filed against Sansom, Friday found probable cause his dealings with NFSC have damaged the "faith and integrity" of the Florida House," according to the St. Petersburg Times.That sets in motion a formal legislative review could result in Sansom's dismissal. Prosecutors now say a key document in the case makes it clear Sansom misled the grand jury. The FBI has began an investigation of the suspicious... (Florida Today)
R.I. May End Link To Slavery Past Jun 27, 2009
However, the term is generally used to refer to the Framers' intent when they wrote "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.". by willcad June 26, 2009 2:55 PM PDT. (CBS News)
Woman dies after hit-and-run - Police say investigation still ongoing Jun 27, 2009
If enough probable cause emerges to file criminal offenses, the driver could face a range of charges, according to a deputy county attorney who spoke in general terms. Based on the preliminary details, potential charges could include: leaving the scene of an injury or accident; careless driving resulting in a death; negligent homicide; and, if alcohol played a role, vehicular homicide while under the influence. (Missoulian, MT)
BOND SET IN RAPE ALLEGATION Jun 27, 2009
Circuit Judge Rob Wyatt Jr. set the bond after ruling prosecutors had probable cause to charge Ricky Lenard, 49, with rape, based on an affidavit from police Detective Michael Roberts ... Also Friday, the judge set a 2,500 bond for Jordan Golden, 28, after ruling prosecutors had probable cause to charge Golden with residential burglary, misdemeanor theft of property, and criminal mischief. (Pine Bluff Commercial, AR)
FOUR POUNDS OF MARIJUANA SEIZED THURSDAY Jun 27, 2009
During the court hearing, Circuit Judge Rob Wyatt Jr., ruled prosecutors had probable cause to charge Taylor and Rice with possession of marijuana with intent to deliver, possession of drug paraphernalia, simultaneous possession of drugs and firearms, and told both they could also face an enhanced penalty because a church was located within 1,000 feet of the house where the drugs were seized. The judge set a 10,000 bond for both Taylor and Rice, who told the court they would hire their own... (Pine Bluff Commercial, AR)
Accused Canton driver involved in earlier accident fatality Jun 27, 2009
No date yet has been set for her probable cause hearing. Her record from the Registry of Motor Vehicles includes five previous accidents, since 1982, all of which she was deemed mostly at fault. (Canton Journal, MA)
STAR CITY MAN FACES ARSON CHARGE Jun 27, 2009
Star City Police Chief Steve Young said that Marion Randall Smith, 53, is being held on a 25,000 cash-only bond following a probable cause hearing Friday before Star City District Judge Vic Harper. Young said that police have been called out to the doublewide home on Southwest Drive numerous times in the past few months because of domestic problems. (Pine Bluff Commercial, AR)
ARREST MADE IN JANUARY BURLGARY Jun 27, 2009
During a court hearing Friday, Circuit Judge Rob Wyatt Jr. ruled prosecutors had probable cause to charge Derrick Whitmore with commercial burglary and theft of property, based on an affidavit from Detective Brent Bridges ... This was the second time that Whitmore had appeared in court for a probable cause hearing in a week ... Last Friday, Wyatt ruled prosecutors had probable cause to charge Whitmore with first-degree battery, unlawful discharge of a firearm from a vehicle, and being a felon in... (Pine Bluff Commercial, AR)
NorCal attorneys, interpreters convicted Jun 26, 2009
WASHINGTON A judge on Thursday ruled there was probable cause to charge Ingmar Guandique with the 2001 murder of Chandra Levy, even as Guandique s attorneys denounced the evidence as flimsy. Dressed in an orange jumpsuit, a manacled Guandique stood before Magistrate Judge J. Dennis Doyle while an interpreter translated the proceedings. (Fresno Bee -- State)
Electronic Privacy Information Center: Privacy Jun 26, 2009
EPIC, joined by several scholars and technical experts, filed a "friend of the court" brief in Hiibel v. Sixth Judicial District Court of Nevada, a case in which the Supreme Court determined whether an individual may refuse to identify himself to police when there is no probable cause to arrest. The Homeless Management Information Systems are software applications that records, store and track characteristics and service needs of homeless individuals. (Yahoo News -- Online Privacy)
Justices: Strip search of teen was illegal Jun 26, 2009
A 1985 Supreme Court decision that dealt with searching a student's purse had found that school officials need only reasonable suspicions, not probable cause. But that decision also warned against a search that is "excessively intrusive.". (MSNBC -- Politics)
NEWS NOW: AP: MICHAEL JACKSON DEAD Jun 26, 2009
Heart failure cited as probable cause. . (Westerly Sun, RI)
Murder Suspects' Crimes Revealed Jun 26, 2009
He was charged in June 1990 with being under the influence of drugs, and then October 1990 for robbery, a charge that was dismissed for lack of probable cause. He was charged in February 1991 with assault and given 30 months probation, in November 1990 charged with false identity given to police officer, for which he served 10 days in jail and three years probation. (Click2Houston, TX)
Judge rules on side of religious rights in exorcism case Jun 26, 2009
He waived his right to a probable cause hearing June 13 when he was released on bond. His case will not necessarily be affected by the dismissal of Alfred s charges, said Porter. (Atlanta Journal-Constitution -- Metro)
TWO ARRESTED ON DRUG CHARGES AFTER RAID (830) Jun 26, 2009
During a court hearing Wednesday, Circuit Judge Berlin Jones ruled prosecutors had probable cause to charge Charles Long, 23, and Janice Long, 21, with possession of marijuana with intent to deliver, possession of drug paraphernalia, and manufacturing a controlled substance, and set their bonds at 10,000 each. Reading from an affidavit from Detective Brett Talley, Deputy Prosecutor Rik Ramsey said police vice and narcotics detectives and agents from the Tri-County Drug Task Force served the... (Pine Bluff Commercial, AR)
Ethics Board offers rationale for dismissing Nestor complaint Jun 26, 2009
The board also found no probable cause to warrant a hearing on any of the ethics claims, because the complainant never presented anything to show that anyone named in the complaint received any special privileges, favors or anything of value for themselves or others, the board said in its decision. More News. (La Crosse Tribune, WI)
U.S. Supreme Court says strip-search of Safford girl unjustified Jun 26, 2009
Souter said the Fourth Amendment guarantees the right against unreasonable searches or seizures without a law enforcement officer having probable cause. He said, though, courts have a looser standard of reasonable suspicion when it involves schools a standard he said could best be described as a moderate chance of finding evidence of wrongdoing. (Sierra Vista Herald, AZ)
More of this story Jun 26, 2009
We re going to try to prevent them from being given back to him, she said of the forfeiture hearing, where KHS officials will have to show probable cause to keep the animals away from Jacintho. KHS officials don t issue a lot of cruelty citations, because they want people to keep their dogs, she said. (Lihue Garden Island, HA)
•Man pleads guilty to stabbing wife Jun 26, 2009
Comer attacked his estranged wife, then-27-year-old Shannon M. Comer, in June 2007 after the two argued about whether they should get back together, according to a probable cause affidavit. Subscribers, to read full story. (The Daily Journal)
2 indicted in Arizona diversity office bombing Jun 26, 2009
Chong Vang, the son, has not been arrested, but an affidavit supporting the search of his home says there is "probable cause" he committed crimes that have led to the arrests of 11 other men in the alleged plot. In the affidavit, authorities say Chong Vang attended a Feb. 7 lunch meeting at the Amarin Thai Restaurant in Sacramento. (Fresno Bee -- Nation)
BOND SET FOR SHOPLIFTING SUSPECT Jun 25, 2009
Circuit Judge Jodi Dennis set the bond after ruling prosecutors had probable cause to charge James White, 35, with felony theft of property ... Also Monday, a 10,000 bond was set for Fore Norman III, 40, after Judge Dennis ruled prosecutors had probable cause to charge Norman with commercial burglary. (Pine Bluff Commercial, AR)
Woman dies after hit-and-run - Police say investigation still ongoing Jun 25, 2009
If enough probable cause emerges to file criminal offenses, the driver could face a range of charges, according to a deputy county attorney who spoke in general terms. Based on the preliminary details, potential charges could include: leaving the scene of an injury or accident; careless driving resulting in a death; negligent homicide; and, if alcohol played a role, vehicular homicide while under the influence. (Missoulian, MT)
Evidence detailed in Craigslist killing Jun 25, 2009
Assistant District Attorney Edmond Zabin told Gaziano that given the large amount of evidence police have against Markoff it is quite a stretch to say that the grand jury s determination of probable cause was tainted by media coverage of the case. Copyright 2009 Globe Newspaper Company. (Boston Globe)
Driver in close call was unaware Logan runway was closed Jun 25, 2009
He said a report by his agency, determining the probable cause of the incident and any factors that may have played into it, will be finished in six to 12 months. The NTSB report also said there was a 500-foot separation between the airplane and the vehicle. (Boston Globe)
DNA Evidence Helps Crack Case Of Actress' Slaying Jun 25, 2009
Kanger said it was a return to the evidence that gave investigators enough probable cause to keep Bauldwin locked up without bail. According to court records, a pair of jeans found in Prince's home after the slaying provided the biggest clue. (7 KETV Omaha)
Clear message Jun 24, 2009
In their quest for the killers, police are relying on probable cause, evidence, and the approval of the Mercer County Prosecutor's Office. More arrests are expected, and that could mean a weakening of the stranglehold exerted by these cowards. (NJ.com -- Times)
House votes to ease plate-frame fines Jun 24, 2009
In addition, it allows officers to pull over drivers and to search cars without probable cause. The current law alsoleaves the definition of "touching" to the discretion of individual police officers, according to the bill's sponsor, Rep. (AZCentral -- News)
State argues for its right to use Limbaugh records Jun 24, 2009
Martz wrote that the subpoena procedure was not applicable because investigators had established probable cause in a criminal case to seize the records. Limbaugh publicly admitted an addiction to prescription painkillers and sought treatment in October, after his former maid told prosecutors and a tabloid newspaper she provided the Palm Beach resident with thousands of illegal pills. (Yahoo News -- Rush Limbaugh)
•Report: Man exposed himself to boy at urinal Jun 24, 2009
On Dec. 30, while using the urinals at a restaurant in Greenwood, Goodman turned toward the boy while touching himself, according to a probable cause affidavit. Goodman also looked at the boy's genitalia and said, "Looking pretty good.". (The Daily Journal)
•Man sentenced to about 20 years Jun 24, 2009
Richards sneaked into the bedroom of two girls, 7 and 6, in August 2006, according to a probable cause affidavit. Subscribers, to read full story. (The Daily Journal)
Rapper Lil Wayne appears in Yuma, Ariz., court, hopes to get investigation records Jun 24, 2009
"If the dog is not reliable, then that puts the entire probable cause for the stop into question," he said. Tilson also plans to renew a request for any video recorded by border cameras the day the rapper was stopped. (FOX61, CT)
70-year-old critical after hit-and-run Jun 24, 2009
We do not have enough probable cause to charge anyone at this point, Missoula Police Sgt. Travis Welsh said. Investigators will continue interviewing witnesses to the crash, which occurred shortly before 2 p.m. Preliminary interviews suggest that the woman was walking her bike along the marked crosswalk when the driver made a right-hand turn, struck Felton and continued driving. (Missoulian, MT)
KEITH:What ex-union boss Marvin Miller thinks about Don Fehr Jun 24, 2009
You need probable cause for believing this person may be guilty and therefore want permission from the court to test. I would have stood my ground on that. (SportsIllustrated.CNN -- MLB)
Rapper Lil Wayne appears in court Jun 24, 2009
Mr Tilson said: "If the dog is not reliable, then that puts the entire probable cause for the stop into question.". He said he would also be pushing to view any video recorded by border cameras on the day Mr Carter was stopped. (BBC News -- Entertainment)
Illegal aliens arrested on drug charges Jun 23, 2009
Police served a search warrant during Friday's effort and found cocaine and a small amount of marijuana, as well as a marijuana pipe and two scales, at the house where the men were, according to a state police statement of probable cause for the men's arrests. The statement also says police found $330 in cash. (Raton Range, AL)
Pilot error cited in fatal Lompoc air crash Jun 23, 2009
The report concluded that the probable cause of the accident was: The pilot s failure to maintain clearance from the power line. Contributing to the accident was the pilot s lack of recent experience. (Santa Maria Times)
CASH-ONLY BOND FOR STAND-OFF SUSPECT Jun 23, 2009
Circuit Judge Jodi Dennis set the bond after ruling prosecutors had probable cause to charge Gray with criminal attempt capital murder, criminal mischief, committing a terroristic act, felony fleeing, and being a felon in possession of a firearm because of a prior conviction. Gray was arrested after he rammed his truck through the gate at T ing and Storage at 310 N. Hutchinson St., then held a pistol to his head and threatened to kill himself before sheriff s Lt. Steve McFatridge, police Lt. Bob... (Pine Bluff Commercial, AR)
Secretary accused of embezzlement had 4 prior theft convictions Jun 23, 2009
Judge Sawako Gardner continued bail as previously set and ordered McLoughlin to return to the court for a July 7 probable cause hearing. Police allege McLoughlins victim, a city attorney who employed her as his secretary, discovered she had embezzled tens of thousands of dollars when he was notified by the state Attorney Discipline office that he was the subject of a complaint as well as a lawsuit. (Seacoast New Hampshire)
Senate votes in favor of concealed weapons Jun 22, 2009
But if this law is approved, the lieutenant said if she finds no outstanding warrants or probable cause to make an arrest, "after I'm done with the stop I go back and I have to now deliver the weapon back to this person.''But Sen. Russell Pearce, R-Mesa, chided police for coming to the Capitol now to say that the safest thing is to allow only those with background checks, training and proficiency testing to have a gun that isn't visible.He said police opposed the 1994 law that created the first... (Douglas Daily Dispatch, AZ)
Rich Square native calls for end to animal abuse Jun 22, 2009
She wants me to be Superman and pull evidence out of my hat, but I can t prosecute without probable cause ... luvmy6catz wrote on Jun 16, 2009 1:45 AM:" I believe the problem concerning the killing of the cats will not stop until someone cares enough to stop it.Each division is passing it on. I refuse to believe a dog can burn circular holes in a cats fur unless it has been taught to smoke and light a cigarette. I also refuse to believe a dog can splay a cat on a plastic bag with it's mouth open... (Roanoke Rapids Daily Herald, NC)
Immigration enforcement in Ariz. could toughen Jun 22, 2009
Supporters say the measure wouldn't encourage racial profiling, because officers would still need probable cause to believe that people violated the law before they could arrest them. But opponents say such a law would detract from officers' traditional roles in combating crimes in their communities. (MSNBC -- Crime)
On The Beat: Probable cause Jun 21, 2009
A: I think what you mean is probable cause or in law enforcement vernacular PC. Our statutes do not allow law enforcement officers to stop anyone without reasonable suspicion and/or PC.. Hawai i Revised Statutes section 803-5 (b) states, a police officer has probable cause to make an arrest when the facts and circumstances within the officer s knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the... (Lihue Garden Island, HA)
Tahoe Wildfire Arrest Lingers Jun 21, 2009
But Dillard said they don't have probable cause to make an arrest because of a lack of evidence linking the person to the scene. He said probable cause is hard to establish in wildfires because evidence is destroyed and witnesses are scarce. (KCRA 3, CA)
House fire claims Fairbanks woman Jun 21, 2009
Investigators say the most probable cause of the blaze was a discarded cigarette. Fire officials say the fire originated in a magazine rack next to a chair in the living room and smoldered for a while before the blaze was sparked. (Anchorage Daily News)
