BLOOMINGTON - The seizure and search of a computer taken from the home of a Bloomington man allegedly killed by his son violated the son's constitutional rights, a defense lawyer argued Friday. Liam McCauley, 21, is charged with the Aug. 21 murder of his father, Joseph McCauley, at the family's home in the 300 block of North Clayton Street. The 57-year-old victim died of multiple stab wounds and head trauma, said autopsy findings.
WASHINGTON - White House counsel Bob Bauer, President Obama's point man in the search for a new Supreme Court justice, manages to get credit both for an even temperament and his finesse with a sledge hammer. The combination is evident in one of Bauer's favorite memories from the 2008 presidential primaries, when Obama campaign aides worried that opposing forces were trying to depress voter turnout. Bauer, the campaign's top lawyer, confidently reassured staffers that he'd have anyone engaged in such conduct arrested.
Under the new policy, Jamaica Defence Force (JDF) soldiers will no longer be used to frisk the visiting attorneys who had objected to being searched in recent times. The news release also said attorneys will now interface only with trained personnel attached to the Correctional Services Department. The department is to provide a new designated area for attorneys to consult with their clients. JDF soldiers were then asked to search and process all attorneys visiting the institution. This was met with resentment by the lawyers, followed by mass protest from the legal fraternity.
By Juan A. Lozano and Thomas Watkins The Associated Press
Kanawha County commissioners discussed a possible insurance claim against them and the sheriff's department by a Sissonville woman who claims authorities damaged her property while searching for evidence in the so-called Kanawha Sniper case. Former Kanawha County Prosecuting Attorney Mike Clifford submitted a letter to the commission declaring his intent to file a claim on behalf of Sandra Shaffer. Shaffer alleges that police damaged her home, fruit trees and other items when they used heavy machinery to excavate her 53-acre plot on Hughart Drive, which is just off Legg Fork in Sissonville.
An Alfred man who is charged with making pipe bombs and growing 100 marijuana plants in his basement is challenging the legality of the search of his home. Robert Infante claims the search violated his constitutional rights and the evidence gathered by investigators should be ruled inadmissible at his upcoming trial. Infante also wants a federal judge to toss out the statements he made while he was in a hospital being treated for wounds caused by an explosion.
SAN ANGELO, Texas (AP) - Lawyers for a polygamist sect that is the subject of a massive child-abuse investigation argued in court Wednesday that although its members'multiple marriages and cloistered ways might be unusual, they have a right to their faith and privacy. Gerry Goldstein, a San Antonio lawyer representing the Fundamentalist Church of Jesus Christ of Latter Day Saints, also told a judge that the search of the temple in the sect's West Texas compound is analagous to a law enforcement search of the Vatican or other holy places.
Harper addresses four cases in search and seizure as well as several cases from the Court of Appeals for the Armed Forces, and from the various service courts. The cases are important to note and to understand, but none is revolutionary nor even fundamental; instead, they are restatements of existing law, which should make future application of the rules clearer.
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