More of this story Nov 27, 2008
According to the case s probable cause affidavit, problems began when officers were dispatched to the 500 block of East Tuxedo around 5:05 p.m.. The victim in the case, a relative of Nolan s, reportedly told police that Nolan had returned home from work earlier in the day and began arguing after he discovered that another relative had destroyed his pipes. (Bartlesville Examiner-Enterprise, OK)
Man arrested after high speed chase (701) Nov 27, 2008
According to the case s probable cause affidavit, the chase began around 1:54 a.m. Sunday when police saw Rogers, who officers say was known to have a suspended driver s license, driving at Washington and Green Country Road. When officers attempted to stop him, Rogers reportedly pulled into the Wal-Mart parking lot, exiting at Adams. (Bartlesville Examiner-Enterprise, OK)
Mutilated dog found during drug raid Nov 27, 2008
According to an affidavit of probable cause, Chapman said he then had cut the dog up with a chainsaw and put the remains in the trash bag. He and Bryan Byrd, 19, of Newark, N.J., were arrested Saturday and charged with drug and weapons offenses along with killing and maiming a domestic animal. (Pet-Abuse.com)
3 ARRESTED INSIDE BUSINESS TUESDAY NIGHT Nov 27, 2008
At a court hearing Wednesday, Circuit Judge Berlin Jones ruled prosecutors had probable cause to charge the two men, Cordero Rogers, 20, and Carl Thompson, 18, with commercial burglary and set bond for the two at 2,500 each ... Also Wednesday, the judge set a 5,000 bond for Anthony Mosby, 52, of Pine Bluff, after ruling prosecutors had probable cause to charge Mosby with first-degree sexual assault. (Pine Bluff Commercial, AR)
BOND SET IN PB POLICE-RELATED SHOOTING Nov 27, 2008
Circuit Judge Berlin Jones set the bond for Corey Lambert, 25, after ruling prosecutors had probable cause to charge Lambert with aggravated robbery, criminal attempt capital murder, theft of property, and being a felon in possession of a firearm because of a previous conviction. Deputy Prosecutor Karres Manning said police were sent to Stitch and Clean at 2117 W. 30th Ave., at 8:55 a.m. Monday in response to a reported robbery in progress, and when an officer arrived at the store, was told that... (Pine Bluff Commercial, AR)
State argues for its right to use Limbaugh records Nov 27, 2008
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)
Starks initiation photos emerge Nov 27, 2008
Our goal is to develop probable cause to determine which criminal charges would be appropriate in this case, Roper added. And that could range anywhere from manslaughter to alcohol possession depending on the involvement each individual has. (Logan Herald Journal, UT)
Teen waives right to hearing in slaying Nov 27, 2008
NEW LONDON Bruce Grisafe III, 15, became the third of four defendants to waive his right to a probable cause hearing in the alleged killing of Kyle Sheets of Mystic. Share your thoughts. (Westerly Sun, RI)
Arrest made in arson fire (14) Nov 27, 2008
He was arrested on Nov. 5 for the violations and a probable cause hold was placed on him. Rios has been charged with Arson I, two counts of second-degree burglary, first-degree theft by receiving and hindering prosecution. (Lebanon Express, OR)
Statewide seat belt crackdown in effect Nov 26, 2008
Probable cause doesn't take much if the cop wants to look. He can see a clothing item and say something may be under it so he needs to search. (DeKalb Daily Chronicle, IL)
Federal judge: Ethnicity not grounds for arrest Nov 26, 2008
"Fear cannot be a factor for the evisceration of the bedrock principle of our Constitution that no one can be arrested without probable cause that a crime has been committed," he added. The judge called his ruling "the first post-9/11 case to address whether race may be used to establish criminal propensity under the Fourth Amendment.". (San Francisco Chronicle -- Crime)
Favoritism costs police officer Nov 26, 2008
"Based on the information contained within his offense report, Officer Selander concluded there was probable cause to charge Mr. Vickery with DUI," the report states. Neither Selander nor Vickery could be reached for comment Tuesday. (Daytona Beach News Journal)
Massey cleared of manslaughter charge Nov 26, 2008
However, during a preliminary hearing on Monday, Associate Circuit Court Judge James H. Kelly, determined the case should not be bound over for trial in the circuit court because there was not probable cause to believe Massey had committed a felony crime. The judge dismissed the case based on the Castle Doctrine, St. Francois County Prosecuting Attorney Wendy Wexler Horn said. (Park Hills Daily Journal, MO)
Alamo speaks only to KSLA News 12 after hearing deciding fate of children Nov 26, 2008
Along with the hearing on the fate of the girls, a probable cause hearing was held to determine if the State of Arkansas had enough cause to remove 20 more children from the compound during another raid last week. "The hearings went very well. Everybody was in place. CASA was appointed to the cases this morning," said CASA Representative Danita Abernathy. (KSLA.com, LA)
REPORTED ROBBERY SUSPECT WOUNDED BY POLICE OFFICER Nov 26, 2008
After having surgery, Lambert was released from JRMC at about 4 p.m., and immediately arrested on probable cause of criminal attempt capital murder, aggravated robbery and theft of property pending an expected court hearing Wednesday and the filing of formal charges by the Prosecuting Attorney s Office. Rawlinson said the officer, who is assigned to the bicycle patrol and was not identified, was placed on administrative leave with pay pending an investigation into the shooting. (Pine Bluff Commercial, AR)
Group wants DUI rules enforced Nov 26, 2008
"(Honking) gives officers probable cause to pull you over," Bowers said. To comment on this story, call Kathleen Baydala at (601) 961-7262. (The Clarion-Ledger)
3 Portland commissioners support expanded firefighter benefits Nov 26, 2008
OREGON NEWSReal-time news, photos, videos and your comments. POLITICS & ELECTIONS. (OregonLive, OR -- News)
Road tax falls short by mere 390 votes Nov 26, 2008
Doering said if there were probable cause, the county could ask the district attorney's office to petition the Superior Court for a recount. Probable cause would be evidence of misconduct, errors or failure of equipment that would cause doubt about the result, Doering said. (Modesto Bee, CA)
Regional student charged for taking bullets to school Nov 26, 2008
Curtis Nims, 18, of Essex Avenue in Hamilton was charged with illegal possession of ammunition and the case was heard by the clerk magistrate on Monday, who found probable cause for complaint, Hamilton Police Chief Walter Cullen said. The complaint will be held until school is finish in June, he said, and if Nims stays out of trouble, the complaint will be dismissed at that time. (Hamilton Wenham Chronicle, MA)
Ethnic Profiling Faulted in 'Arrest' of Passengers at JFK Airport Nov 25, 2008
In a case of first impression, a Brooklyn federal judge has ruled that the ethnicity of two Arab plane passengers cannot serve as a factor in determining whether the government had probable cause for their "de facto arrests" at John F. Kennedy International Airport ... For the first time since the Sept. 11, 2001, terrorist attacks the court addressed whether Arab ancestry may contribute to probable cause for arrest ... The government moved for summary judgment on numerous grounds, including that... (Law.com)
PAC wants lawmakers to follow-up on 'troopergate' Nov 25, 2008
A subsequent investigation by the Alaska State Personnel Board found there was no probable cause to believe Palin nor any other state official violated the Alaska Executive Ethics Act. Palin maintains that Monegan was ousted over budget disagreements. (Anchorage Daily News)
Electronic Privacy Information Center: Privacy Nov 25, 2008
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)
Faulty stove probably to blame in fire Nov 25, 2008
Fire investigators are eyeing a faulty electrical appliance as the probable cause of a blaze at a Robinson Street home Monday morning. Investigators say the fire that caused an estimated $10,000 in damage to a single-story brick home at 621 Robinson Street may have started inside a stove. (Orangeburg Times and Democrat, SC)
LeRoy High School teacher faces drug charges Nov 25, 2008
A probable cause statement filed in court indicates Aberle asked to go to the bathroom after police arrived to investigate the dispute. When police asked Aberle about potential weapons in the bathroom, she pushed past the officer, according to court documents. (The Pantagraph newspaper)
4 teens pinched for pot (28) Nov 25, 2008
With plentiful probable cause, Regan searched all 15 students and found four of them, or 26. 6 percent, to be in possession of marijuana. (Sonoma Index-Tribune, CA)
Student’s death probed as hazing Nov 25, 2008
And we will develop probable cause to substantiate the appropriate criminal charge. Starks, 18, was pronounced dead at Logan Regional Hospital Friday morning after friends tried reviving him when he was found unresponsive at the Sigma Nu fraternity home. (Logan Herald Journal, UT)
McKinney: DA dismisses prosecution against accused kidnapper Nov 25, 2008
Attempts were made to obtain a copy of the probable cause warrant filed with the District Court in connection with Harrison s subsequent charges, but they could not be obtained by presstime Monday. Contact Danny Gallagher at. (McKinney Courier-Gazette, TX)
Maine mom was 'mule' for drug traffickers, say police Nov 25, 2008
Kelley is scheduled to return to the court for a Dec. 3 probable cause hearing. Also arrested during the traffic stop was driver Paul Sans, 26, of 359 Gorham Road, Scarborough, Maine, on felony charges of being a fugitive from justice and drug possession with intent to distribute. (Seacoast New Hampshire)
Hearings set for 20 Alamo compound children Nov 24, 2008
The initial probable cause hearings will focus on whether state child welfare officials had enough evidence to seize the children November 18. Circuit Judge Kirk Johnson will hear the cases in courtroom on the second floor of the Miller County courthouse, which will be closed to the public and reporters. (WREG.com, TN)
ESCONDIDO: Police impound 72 vehicles at checkpoint Nov 24, 2008
This is a quote from the article "Critics contend the license checkpoints are unjust and disproportionately affect working-class, immigrant Latinos, many of whom are ineligible under state law to get driver's licenses because of their status as illegal immigrants.Many of them cannot get driver's licenses because of their illegal status? Obviously they are not law abiding people and they have no respect for any laws. In this country we still have some laws. What a concept! gdogncbd wrote on Nov... (North County Times)
Don't Let a DUI Spoil Tailgating Fun ... or Worse Nov 24, 2008
Besides putting your life and others in danger, some states give police the authority to make a DUI arrest on probable cause if you are in your vehicle with your keys and intoxicated, even if the vehicle is not moving. Think twice before refusing sobriety test. (Canton Daily Ledger, IL)
Best to ease into retirement Nov 23, 2008
The authority essentially gave her a blank check when it approved paying her, and she ran up the sum after a probable cause hearing and from visiting the crime scene, interviewing witnesses and "extensive research," according to her bill. The case was resolved Monday without a trial, with Mr. Merry's simple battery charge being dead docketed and Mr. Fennoy's charge dismissed. (The Augusta Chronicle)
LETTERS TO THE EDITOR (Nov. 16) Nov 23, 2008
EH wrote on Nov 19, 2008 2:59 PM:" DD I took the time too put this together and I hope it answers all your questions of the freedoms we have lost.Through the enactment of the USA PATRIOT Act and subsequentexecutive directives and regulations, essential rights and freedomsthat were once guaranteed to all individuals have been substantiallydegraded. Many Americans still do not realize the significance ofwhat we have lost. The resulting expansion of government powers,and the erosion of 1st, 4th,... (Albany Democrat-Herald, OR)
The Mortgage And The Murder Nov 23, 2008
He hangs out for the day, and the next day he's on an airplane going back to Chicago and driving to Wisconsin or something," says Greg's brother Randy. Mike Allen refused 48 Hours' request for an on-camera interview, but told us that he and Bernadette were just friendly co-workers. Police said Allen was interviewed "exhaustively" and never asked for a lawyer. Weeks passed with no arrests. There was nothing - say police - to tie Allen or anyone else to the murders. They said they had no probable... (CBS News -- 60 minutes II)
Drug bustspile up Nov 23, 2008
The bag of pot on the driver's seat of the 1994 Chevrolet Camaro gave the deputies probable cause to search the vehicle. Four bags of pot were found,One small and three larger bags. (Daily Triplicate)
Charges but Few Answers in D.C. Lawyer's Murder Nov 22, 2008
Investigators say "there exists overwhelming evidence, far in excess of probable cause," that Price, Zaborsky and Ward obstructed justice by "altering and orchestrating the crime scene, planting evidence, delaying the reporting of the murder to the authorities, and lying to the police about the true circumstances of the murder.". For the Wone family and their lawyers, there are still more questions than answers in the two years since the homicide. (Law.com)
Korean Businessman Detained in Bribery Conspiracy Involving $206 Million Contract Nov 22, 2008
In ordering Jeong's detention, Magistrate Judge Paul D. Stickney of the Northern District of Texas found probable cause to support the charges and that Jeong was a flight risk. According to the affidavit in support of the complaint, AAFES provides goods and services worth billions of dollars to U.S. Armed Forces service members and their families around the world, often referred to as "PX services." The affidavit alleges that Jeong paid bribes to AAFES employees, who are considered U.S.... (PR Newswire)
I-Team: The Mysterious Mr. Ye Nov 22, 2008
Agents had probable cause to search the mansion for cash because they had intercepted one of Ye's shipments -- 19 tons of chemicals sent from China, through Long Beach and slated for delivery in Mexico. Ye built a massive pharmaceutical plant in Toluca, near Mexico City, supposedly to manufacture cold medicine. (KLAS-TV.com, NV)
LETTERS: NCT, Nov. 21, 2008 Nov 22, 2008
Do you have probable cause. Newspapers print the checkpoint warnings so the police are already able say they have probable cause. (North County Times)
LETTERS TO THE EDITOR (Nov. 16) Nov 22, 2008
EH wrote on Nov 19, 2008 2:59 PM:" DD I took the time too put this together and I hope it answers all your questions of the freedoms we have lost.Through the enactment of the USA PATRIOT Act and subsequentexecutive directives and regulations, essential rights and freedomsthat were once guaranteed to all individuals have been substantiallydegraded. Many Americans still do not realize the significance ofwhat we have lost. The resulting expansion of government powers,and the erosion of 1st, 4th,... (Albany Democrat-Herald, OR)
STOLEN CAR QUERY LEADS POLICE TO MAKE DRUG ARRESTS Nov 22, 2008
Rodger Spears, 25, and Courtney Tripp, 19, will each have to post 10,000 bonds to be released from the county detention center after Circuit Judge Rob Wyatt Jr., ruled prosecutors had probable cause to charge both with possession of marijuana with intent to deliver ... Also Friday, the judge set a 15,000 bond for Chason Thurman, 19, after ruling prosecutors had probable cause to charge Thurman with residential burglary, theft of property, and being a felon in possession of a firearm. (Pine Bluff Commercial, AR)
DRUGS, GUNS FOUND AFTER WARRANT SERVED AT PB HOUSE Nov 22, 2008
At a court hearing Friday, Circuit Judge Rob Wyatt Jr. set the bond for Corey Brown, 35, after ruling prosecutors had probable cause to charge Brown with three counts of possession of a controlled substance with intent to deliver, possession of drug paraphernalia, and simultaneous possession of drugs and firearms. Reading from an affidavit from Investigator Kevin Freeman of the Tri-County Drug Task Force, Deputy Prosecutor Nicole Pugh said Brown was arrested when task force agents and police... (Pine Bluff Commercial, AR)
Hawaii dam break leads to 7 manslaughter counts Nov 22, 2008
"The grand jury determined that there was probable cause to believe that Mr. Pflueger recklessly caused the deaths of seven people. And now that case will go to trial," state Attorney General Mark Bennett said. Defense attorney William McCorriston said the state is trying to make Pflueger a scapegoat because it had failed to inspect the dam. (San Francisco Chronicle -- Science)
‘Packaged for sale' Nov 22, 2008
This gave Garcia probable cause to detain the Inmans, and upon further discussions with the brothers he found out that they were working for someone out of Medford and heading to Brookings, where one of them said he owned a boat. The total amount of marijuana and hashish that was seized was 6 pounds, 4. (Daily Triplicate)
Convicted sex offender faces new child porn charges Nov 21, 2008
Morley s next court date is December 16 for probable cause hearing. The defendant s conduct is all the more troubling considering that he was convicted of similar charges only 10 months ago, and we are pursuing having him committed for his probation violation in that case," District Attorney Leone said. "The exploitation of children over the Internet continues to be a troubling concern for us, and we will continue to aggressively investigate and prosecute those crimes. (Malden Observer, MA)
DWI charges against Krusee dropped Nov 21, 2008
In a written statement Duty said, After reviewing all of the evidence in the case it was determined that the officer did have probable cause to arrest, due to his observations on the scene, however the evidence is insufficient to sustain a conviction by jury. Duty said in the statement that jurors tend to rely on video evidence rather than the training and experience of an officer. (Cedar Park Hill Country News Weekender, TX)
FORGED CHECKS RESULT IN ARREST Nov 21, 2008
At a court hearing Wednesday, Circuit Judge Berlin Jones ruled prosecutors had probable cause to charge Grady Walters Jr., 33, with two counts of forgery, and two counts of theft of property, and set a 2,500 court appearance bond for Walters ... Also Wednesday, the court set a 25,000 bond for Steven Stephens, 62, after ruling prosecutors had probable cause to charge Stephens with rape. (Pine Bluff Commercial, AR)
DRUGS FOUND ON WC STUDENT Nov 21, 2008
At a court hearing Wednesday, Circuit Judge Berlin Jones ruled prosecutors had probable cause to charge Kevin Rauls with possession of marijuana with intent to deliver, and distribution near certain facilities, and set a 2,500 bond for Rauls ... Also Wednesday, a 5,000 bond was set for Jerhmain Brown, 27, of Altheimer, after Judge Jones ruled prosecutors had probable cause to charge Brown with possession of ecstasy with intent to deliver, possession of marijuana, and possession of cocaine. (Pine Bluff Commercial, AR)
State argues for its right to use Limbaugh records Nov 21, 2008
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)
Letters: Nov. 20 Nov 21, 2008
However, his street camera surveillance proposal for Brookline, which seeks to search for criminal activity in the absence of probable cause or judicial warrant, violates our constitutional rights. Thomas Jefferson once said: The last hope of human liberty in this world rests on us if we find our government violating our dearest rights or opening on our peace of mind or personal safety the sluices of terrorism then indeed let us withdraw and call the nation to its tents while our functionaries... (Brookline TAB, MA)
Residents gather at Lakeside to form a neighborhood watch Nov 21, 2008
This policy dictates that if there is probable cause for an arrest, the deputy will make the arrest rather than trying to mediate or informally resolve the problem. Zero tolerance was put into place in October after an incident at Dodge Road where 20 teens were caught drinking illegally in the woods. (Pawling News Chronicle, NY)
Alleged robber of Marshfield bank turns himself in Nov 21, 2008
He is to return to court Dec. 19 for a probable cause hearing. Sydney Schwartz may be reached at. (Marshfield Mariner, MA)
3rd Circuit Issues One Win for Prosecutors, One for Defense Nov 20, 2008
An informant had provided probable cause for the search by conducting a "controlled buy" of crack cocaine from Morena and testified at trial that he had twice seen Morena with the shotgun, according to the opinion. Morena's defense to the charge was to claim that George Mushinsky, the registered owner of the shotgun, had lived in Morena's house and concealed the shotgun there while Morena was in jail on a probation violation, according to the opinion. (Law.com)
EHarmony Settles Dispute Over Gay Matches Nov 20, 2008
In 2007, the attorney general found probable cause that eHarmony had violated the state's Law Against Discrimination. As part. (Wall Street Journal)
Reiser Seeks Appeal, Says Lawyer 'Hates Me' Nov 20, 2008
On Thursday, Judge Larry Goodman, who frequently grew exasperated with Reiser's behavior in court, denied his request for what is known as a certificate of probable cause, which is required for an appeal to move forward. Goodman noted that he specifically asked Reiser if he had been provided effective assistance by his attorneys. (San Francisco Chronicle -- Crime)
Man charged for molestation (2233) Nov 20, 2008
According to a probable cause statement filed by Jefferson City police, the victim said she was at a sleepover at Courtney's home, and she discovered her pants were down when she woke up at two different times during the night, and that she was awake when he tried to touch her a third time. The girl also told police Courtney had told her the pills were for the flu. (Jefferson City News Tribune, MO)
Teen faces statutory rape, sodomy charges (2807) Nov 20, 2008
According to a Cole County Sheriff's Department probable cause statement, the victim was interviewed last weekend and said the incidents occurred at Dulle's residence located in the 7000 block of Route Y.. State law creates the statutory crimes of first-degree rape and sodomy if the victim is less than 14 years old. (Jefferson City News Tribune, MO)
Ex-leader's sex case is dismissed Nov 20, 2008
"It's clear there was probable cause to arrest, but it's also clear that given the problems with DSS and the credibility of the victim and the crucial (corroborating) witness no longer can be found, the state can no longer pursue prosecution at this time.". Attempts by The Augusta Chronicle to find a phone listing for Mr. Ferrara were unsuccessful. (The Augusta Chronicle)
LETTERS TO THE EDITOR (Nov. 16) Nov 20, 2008
EH wrote on Nov 19, 2008 2:59 PM:" DD I took the time too put this together and I hope it answers all your questions of the freedoms we have lost.Through the enactment of the USA PATRIOT Act and subsequentexecutive directives and regulations, essential rights and freedomsthat were once guaranteed to all individuals have been substantiallydegraded. Many Americans still do not realize the significance ofwhat we have lost. The resulting expansion of government powers,and the erosion of 1st, 4th,... (Albany Democrat-Herald, OR)
Michael McCannSPORTS LAW Nov 19, 2008
An indictment would require a grand jury to conclude that there is probable cause (or "more likely than not") that Cuban committed insider trading. A criminal conviction of Cuban would require the government to meet the high burden of "beyond a reasonable doubt.". (SportsIllustrated.CNN -- NBA)
Girl, 16, faces adult court in shooting case Nov 19, 2008
In the five-page ruling and order, Sokolovske wrote there is "probable cause" to believe that Kapaun committed the alleged acts, had possession of a firearm on Aug. 11, pointed the firearm at Blanchard and pulled the trigger. In the eyes of Becky Seitzinger, Kapaun became an adult the instant she allegedly pulled the trigger. (Sioux City Journal, IO)
Bogus Hostage Report Leads Police to Meth Lab Nov 19, 2008
According to the probable cause statement filed in court by Union Assistant Police Chief Kyle Kitcher, authorities found precursors to a methamphetamine lab, including a jar containing lithium strips in a solvent solution, Coleman fuel in quart-sized mason jars, muratic acid in a 20-ounce soda bottle and two tanks that had been "altered" to contain anhydrous ammonia. One tank was half-full of anhydrous ammonia. (Missourian Publishing, MO)
CHASE ENDS WHEN CAR HITS HOUSE Nov 19, 2008
At a court hearing Monday, Circuit Judge Jodi Dennis set the bond after ruling prosecutors had probable cause to charge Brian Avants, 33, with felony fleeing and felony criminal mischief. Reading from an affidavit from sheriff s investigator Jennifer Carr, Deputy Prosecutor Jill Reed said Deputy Harley Herron was on patrol Sunday on U.S. 79 South at Pinewood Drive when he saw a vehicle driven by Avants commit two traffic violations. (Pine Bluff Commercial, AR)
Merry, Fennoy brawl is resolved Nov 18, 2008
Both men were arrested on misdemeanor charges June 27 after a probable cause hearing. Civil and Magistrate Judge Scott Allen urged them to make up, but Mr. Fennoy's attorney, Evita Paschall, said he wished to proceed. (The Augusta Chronicle)
Dad Remains In Jail For Daughter's Fatal Shooting Nov 18, 2008
Probable cause documents obtained by KIRO 7 said the husband and wife were cleaning guns together Sunday night when the wife went upstairs to get her husbands. 45 caliber handgun. (KIRO TV, WA)
