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January 25, 1988
518 N.E.2d 1058, 165 Ill. App. 3d 188, 116 Ill. Dec. 237 1988.IL.75
Appeal from the Circuit Court of Winnebago County; the Hon. Richard W. Vidal, Judge, presiding.
APPELLATE Judges:
JUSTICE UNVERZAGT delivered the opinion of the court. NASH and INGLIS, JJ., concur.
Following a jury trial in the circuit court of Winnebago County on September 8 and 9, 1986, the defendant, Gary Kaeding, appearing pro se, was found guilty of speeding and driving with only one headlight. In this pro se appeal, he raises 13 issues.
According to the record, the defendant was issued two uniform traffic citations and complaints on October 17, 1985, at 8:10 p.m. by Trooper Craig Allen of the Illinois State Police. Defendant was traveling 63 miles per hour in a 55 mile-per-hour zone and had only one headlight illuminated. He appeared in court on November 13, 1985, as directed on the citations, and, according to the docket sheet, pleaded "NG." Amongst numerous motions filed thereafter, the defendant demanded that a court reporter be present at all proceedings and that the cause be dismissed for jurisdictional defects.
The next hearing on December 20 was called for the purpose of plea negotiations; however, no negotiations occurred, and defendant's conduct in refusing to step aside and get the notice of the jury trial date caused the court to place him in a holding cell for 40 minutes. Thereafter, the defendant refused to sign the notice of hearing for January 17, 1986. Defendant filed a demand for trial by jury, and more motions to dismiss. The motions to dismiss were heard and denied on January 10. The docket sheet entries do not reflect a court appearance by the defendant on January 17, 1986. Defendant's "Affidavit of Record" contained in the common law record purports to detail the events on that date, and his brief is appended with a report of proceedings for that date under case number 86 -- CM -- 311 and case name "People v. John Doe a/k/a Steve (no last name)." Defendant's affidavit is not properly part of the common law record and may not be considered by this court. (People v. Berkowski (1944), 385 Ill. 392; People v. McGrath (1967), 85 Ill. App. 2d 388.) Similarly, the report of proceedings from the unrelated cause, People v. John Doe, is not properly before this court.
The docket sheet reflects the defendant failed to appear on February 3, but he filed a number of "demands" and motions arising out of the events which purportedly occurred at the January 17 hearing. The two uniform citations were dismissed when the defendant failed to appear, leave was given to file verified complaints, and a warrant for defendant's arrest was issued. He was arrested and released on bond on February 4, and agreed to appear on February 7. The record does not reflect what action, if any, was taken on that date. In July, defendant filed another motion to dismiss the charges for lack of jurisdiction in that the 55 mile-per-hour speed limit was fraudulently enacted under threat of withheld Federal highway funds. The cause proceeded to jury trial on September 8 and 9, 1986. The defendant's motions to dismiss on the basis of lack of jurisdiction and for violation of his right to speedy trial were heard and denied. As noted, the defendant was found guilty as to both counts. On October 14, the court entered judgments of conviction and fined the defendant a total of $300.
Initially we note defendant's brief fails to conform to the requirements of Supreme Court Rule 341 in that it has an improper and inadequate appendix, no meaningful statement of facts, and-save for nondispositive references to sections of the criminal and traffic codes, the constitution and the supreme court rules-cites no pertinent authority in support of his arguments. (107 Ill. 2d Rules 341(e)(6), (e)(7), 342(a).) As frequently stated, this court is entitled to have the issues clearly defined and supported by pertinent authorities (Boeger v. Boeger (1986), 147 Ill. App. 3d 629; In re Estate of Kunz (1972), 7 Ill. App. 3d 760), and a reviewing court will not apply a more lenient procedural standard to pro se litigants than is generally allowed attorneys. (Harvey v. Carponelli (1983), 117 Ill. App. 3d 448.) In addition to the inadequacy of defendant's brief, defendant's post-trial "Motion to Vacate Judgment" specifies as error only one of the issues he now presents. It is clear that in criminal cases tried to a jury, a written motion for a new trial specifying the grounds therefore must be filed by the defendant within 30 days of the jury's verdict. (People v. Caballero (1984), 102 Ill. 2d 23; People v. Miles (1986), 151 Ill. App. 3d 485; Ill. Rev. Stat. 1985, ch. 38, par. 116-1.) Moreover, application of the plain-error doctrine is not warranted in order to save the remaining issues. The doctrine of plain error-that is, an error or defect affecting substantial rights (107 Ill. 2d R. 615(a))-may be applied where an issue not properly preserved for review serves to deprive a criminal defendant of a fair and impartial trial or where the evidence is closely balanced. (People v. Friesland (1985), 109 Ill. 2d 369; People v. Bosworth (1987), 160 Ill. App. 3d 714.) Such is not the case here.
In our own discretion, however, and notwithstanding the fact defendant's argument is unsupported by citation of authority, we proceed to consider the issue defendant has attempted to preserve for review by including it in his post-trial motion: whether the court had jurisdiction of the cause. Defendant argues that it did not, since no plea was ever entered, nor was he either informed of the criminal nature of the offense or rearraigned after the two uniform traffic citations and complaints were dismissed and criminal complaints filed.
Contrary to the defendant's assertion, the common law docket sheet entry for November 13, 1985, shows the defendant pleaded "NG" to both charges. Moreover, his own "Affidavit of Record," which is not properly part of the common law record, shows he appeared in court on that date as directed on the citations and that he did not respond to the court's thrice-asked question: "How do you plead?" Section 113-4 of the Code of Criminal Procedure of 1963 (the Code) provides that, "[if] the defendant stands mute a plea of not guilty shall be entered for him and the trial shall proceed on such plea." (Ill. Rev. Stat. 1985, ch. 38, par. 113-4(b).) Thus, there was no error in the defendant's arraignment.
As to the criminal complaints filed after the uniform traffic citations were dismissed, the complaints which were substituted charged the defendant with violations of the same sections of the Illinois Vehicle Code as did the uniform traffic citations. (Ill. Rev. Stat. 1985, ch. 95 1/2, pars. 11-601(b), 12-211(a).) After the complaints were filed, defendant made no further objection to the court's jurisdiction on the basis he had not been arraigned, and he appeared and proceeded to trial pro se on the date set by the court. Under these circumstances, defendant has waived any claim of error with regard to arraignment. People v. Hahn (1980), 82 Ill. App. 3d 173; see also People v. Jones (1977), 56 Ill. App. 3d 600; Ill. Rev. Stat. 1985, ch. 38, par. 113-6.
We comment briefly on the defendant's remaining contentions which, as noted above, have not been preserved for review and are not adequately presented.
Defendant's contentions that he was not informed of the criminal nature of the charges and that the court erred in giving the jury the actual traffic tickets are refuted by the record. Each ticket clearly informed the defendant of the name of the offense and the statute violated, and, according to a docket sheet entry, the court explained the charges to the defendant, as well as his rights. Moreover, the report of proceedings shows the defendant specifically stated that he had no objection to the jury seeing the actual traffic tickets.
Defendant next contends he was deprived of due process when the court incarcerated him at the December 20 hearing after he refused to comply with the court's order to sign a notice of hearing. Defendant further contends the court lacked authority to imprison him because no court reporter was present. The record shows the court remanded the defendant to a holding cell for approximately 40 minutes after he interrupted the court with "all sorts of comments" when the court was trying to dispose of its call. Sixty-plus persons were in the courtroom at the time. Defendant's conduct constituted, in effect, direct criminal contempt, and in such instances, it is clear that the usual safeguards of procedural due process are not required. (People v. L.A.S. (1986), 111 Ill. 2d 539, 543.) Moreover, the court's jurisdiction of the cause was not dependent upon the presence of a court reporter; the source of the court's jurisdiction is the constitution. Ill. Const. 1970, art. 6, § 9; see also Ill. Rev. Stat. 1985, ch. 95 1/2, par. 16-102.
Defendant next contends he was deprived of his right to counsel. He asserts the court refused to allow him to have counsel despite his demand therefor and that the court erred in charging his "counsel" with contempt for sitting in court with the defendant.
According to the docket sheet entry for November 13, 1985, the defendant was advised of his rights, which includes the right to counsel. (Ill. Rev. Stat. 1985, ch. 38, par. 113-3.) No report of proceedings, however, has been submitted for that date. According to defendant's "Affidavit of Record" contained in the common law record, the court denied his request for counsel. As noted previously, defendant's affidavit is not properly part of the record, and the defendant has failed to provide a proper bystander's report. (107 Ill. 2d R. 323(c).) Inasmuch as the responsibility for presenting a sufficiently complete record is the defendant's, any doubts occasioned by the incompleteness of the record are resolved against him. People v. Turner (1984), 127 Ill. App. 3d 784.
The report of proceedings of defendant's next appearance in court on December 20 shows he appeared "without counsel." There is no indication therein that he had attempted to engage counsel or wished to do so, or that he was indigent and desired appointed counsel. The right to counsel of the defendant's own choosing may not be employed as a weapon "to indefinitely thwart the administration of Justice or to otherwise embarrass the effective prosecution of crime." (People v. Vaughn (1983), 116 Ill. App. 3d 193, 197.) It does not appear from this record that defendant was deprived of the right to counsel, but rather that he used that right to further obfuscate the proceedings. Defendant's appearance in court on January 17, 1986, is not reflected in the docket sheet entries. Clearly, however, defendant had no right to be represented at that time by his friend, Steve, a nonlawyer. (People v. Schwarz (1987), 155 Ill. App. 3d 41.) Whether the court erred in finding Steve in contempt is a matter not properly before this court.
The defendant next contends the court erred by not dismissing the cause on the ground his right to a speedy trial was violated. Defendant filed a written demand for jury trial on January 7, 1986. Supreme Court Rule 505 specifically provides that a jury demand triggers the speedy trial requirements of section 103-5 of the Code of Criminal Procedure of 1963 (Code) (Ill. Rev. Stat. 1985, ch. 38, par. 103-5). (107 Ill. 2d R. 505; People v. Lorah (1986), 142 Ill. App. 3d 163.) The defendant here did not actually post bail, however, until his arrest pursuant to warrant on February 4, 1986, after his failure to appear in court on February 3. Until defendant actually was on bond or recognizance, the 160-day speedy trial statute (Ill. Rev. Stat. 1985, ch. 38, par. 103-5(b)) did not apply to him. (People v. Eblin (1983), 114 Ill. App. 3d 891.) Moreover, the record fails to show defendant demanded either a jury or speedy trial after he was released on bail on February 4. Thus, neither the speedy trial provisions of Supreme Court Rule 505 nor of section 103-5(b) of the Code were triggered, and the court did not err in denying his motion to dismiss.
Viewing defendant's next argument in light of his motion to dismiss and attachments thereto, we believe defendant is contending the court should have granted his motion to dismiss the speeding violation of section 11-601(b) of the Illinois Vehicle Code (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-601(b)) because the Federal law which served to modify the stated 65 mile-per-hour maximum speed to 55 miles per hour had expired. As the State points out, this court upheld the validity of the 65 mile-per-hour speed limit in Illinois, stating that congressional placement of terms and conditions on States receiving Federal funds is constitutional, inasmuch as each individual State sets its own limit. (People v. Austin (1982), 111 Ill. App. 3d 213.) Moreover, assuming arguendo the Federal law had expired, defendant was permitted to travel 65 miles per hour "unless some other speed restriction [was] established under this Chapter." (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-601.) It is not clear from the record whether 55 mile-per-hour speed limit signs were posted in the area of defendant's travel. If they were, clearly the defendant was obligated to abide by them.
Defendant's next contention is based on his misunderstanding of the unofficial paragraph title of section 11-610 of the Illinois Vehicle Code, to wit: "Charging violations and rule in civil actions." (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-610.) Based on this reference to "civil actions," defendant believes his speeding violation must have been civil rather than criminal and, consequently, he asserts the court exceeded "constitutional provisions." Defendant's contention is patently without merit. Section 11-610(b) simply provides that the maximum speed provisions of the article do not relieve the plaintiff in any civil action of the burden of proving negligence on the part of the defendant as a proximate cause of an accident.
Defendant's next contentions are also patently without merit. He contends the trooper had no authority to issue him a citation, and that the court had no jurisdiction over him because he did not sign the citations and, thus, he made no promise to comply.
State policemen clearly have statutory authority to enforce the motor vehicle laws (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 16-102; ch. 121, par. 307.16), by issuing a uniform traffic ticket which constitutes a complaint to which a defendant may plead (Ill. Rev. Stat. 1985, ch. 38, par. 111-3(5)(b)). The record shows defendant did not execute a promise to comply. (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 6-306.2(a); 107 Ill. 2d R. 501(g).) We point out that section 6-306.2 of the Illinois Vehicle Code, which provided the option of executing a promise to comply, has now been repealed by Public Act 84-1231, § 2, effective July 28, 1986. Further, the definition of "promise to comply" provided in Supreme Court Rule 501(g) was amended June 26, 1987, effective August 1, 1987, to delete the option as being available to Illinois residents. That aside, Trooper Allen testified at defendant's trial that he issued the defendant a notice to appear (Ill. Rev. Stat. 1985, ch. 38, par. 107-12) and defendant did, in fact, appear on November 13, 1985. Despite his refusal to sign subsequent hearing notices, defendant does not assert he did not have actual notice of the hearing dates. Moreover, the traffic citations were dismissed and verified complaints filed in their stead. Accordingly, we find no deficiency in the court's jurisdiction.
Defendant next contends the size of the "original process" (the uniform traffic citations) should not have been accepted for filing since they are smaller than 8 1/2 inches by 11 inches as required by Supreme Court Rule 10. (107 Ill. 2d R. 10.) The common law record does not include the original process, however; rather, it includes copies of two uniform citations and complaints on 8 1/2-inch by 11-inch paper as specified in Supreme Court Rule 10. Moreover, as the State points out, no sanctions for failure to abide by this rule have been set forth, and a reasonable sanction clearly would not include reversal of defendant's conviction.
As we understand the thrust of defendant's next argument, he contends that because he filed a written "appearance" on February 3, 1986, the court erred in issuing a warrant for his arrest when he failed to appear personally on that date. Clearly, only a personal appearance would suffice where the cause was continued to that hearing date. Further, the record shows the traffic tickets were dismissed and complaints issued that day. Accordingly, the court had authority to issue a warrant for his arrest. Ill. Rev. Stat. 1985, ch. 38, par. 107-9.
In the next related issue, defendant contends his brief incarceration following execution of the warrant for his arrest violated the provision that the penalty for his traffic offense shall be no greater than a fine. (Ill. Rev. Stat. 1985, ch. 95 1/2, pars. 1-300, 16-104; ch. 38, par. 1005-1-17.) The arrest and brief incarceration occurred after the criminal complaints were filed against him, however, and the incarceration was not in the nature of punishment for the offenses. He was fined $300 for those offenses in accordance with statute.
Defendant's further contention that, upon his failure to appear, the court should have continued the cause for 30 days as provided by Supreme Court Rule 556 (107 Ill. 2d R. 556) is without merit in light of the fact of the filing of the criminal complaints against him thus warranting his arrest. Defendant did appear in court at the initial hearing in November and at subsequent hearings in December and January. Consequently, defendant did not "fail to appear" as contemplated in Supreme Court Rule 556. 107 Ill. 2d R. 556.
Defendant's next contentions are that the court erred by not keeping an accurate record of the proceedings on December 20, 1985, that it erred when it "lost" his affidavit purporting to recount the early events of that date when no court reporter was present, and that it was error for the docket sheet not to reflect the filing of various motions by him.
Defendant fails to show how any of these asserted errors prejudiced him, and we perceive no prejudice. It has been stated that a verbatim transcript is not required of all criminal proceedings (People v. Kline (1974), 16 Ill. App. 3d 1017, aff'd (1975), 60 Ill. 2d 246), particularly where the defendant, upon conviction, is subject only to a fine, not imprisonment. (See Ill. Rev. Stat. 1985, ch. 37, pars. 661, 663.) Moreover, although the cause was up for pretrial, no plea negotiations occurred, and the matter was simply continued to a February date. The error, if any, in the "losing" of defendant's affidavit, which was file-date stamped, but not included in the common law record, was harmless. As noted previously, defendant's affidavit is no substitute for a proper bystander's report and is not properly part of the common law record. (107 Ill. 2d R. 323(c).) Also harmless was the error, if any, in the failure of the hand-written docket sheet to reflect with specificity the filing of several of defendant's numerous motions where all the motions were included in the common law record.
Defendant's final contention is that the court erred in refusing his tendered jury instructions. He argues that without the "legal definitions" of the words "operating," "vehicle," "driving," and "offence [ sic ]," the jury could not determine if he had violated the statutes. Defendant's proposed instructions, in addition to being non-Illinois Pattern Jury Instructions, did not purport to define those terms. The term "vehicle" is the only one of the four which is defined in the statute (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 1-217); the others have commonly understood meanings. The car Trooper Allen testified defendant was driving easily falls within that legal definition of "vehicle," and the defendant has not argued he was not "operating" or "driving" a vehicle. Further, the jury was clearly instructed as to the elements of each offense against the defendant. We conclude the court did not abuse its discretion in refusing defendant's tendered instructions.
The judgment of the circuit court of Winnebago County is affirmed, and the State's request that costs be taxed is granted.
Judgment affirmed.
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Lemon drops
Forum page
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Forums: Index > The Wizengamot archive > Lemon drops
lemon drops
should i start a harry potter wikia page having to do with lemon drops? they have been the password to get into the headmasters office once and Dumbledore seems quite fond of them? and how do you make such a page??? (maybe i should have put this in help) --Meena96 18:26, 29 December 2008 (UTC)
- No, there's no need. The Lemon drop page already exists and redirects to Sherbet lemon. --Cubs Fan2007 (Talk) 18:36, 29 December 2008 (UTC)
thank you. i guess you peoples have thought of everything. --Meena96 18:39, 29 December 2008 (UTC)


text: Well im going to be gettting an iphone 3g within the next 3 weeks and I want to make sure I buy the best case possible. I would like a hard case with no clips or stands or anything. These are the cases I have been looking at -RebelSerpent -incase metellic slider -capsulerebel -capsule neo the two cases that i like the look of the most are the capsulerebel and the capsule neo. which of these do you think I should get?


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2010 Golden Globes: Best Dressed
| January 17, 2010 - 7:45 pm
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Jenna Fischer
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text:
Rice pudding & spiced plum bake
Nutrition and extra info
Nutrition: per serving
- kcal535
- fat14g
- saturates8g
- carbs89g
- sugars51g
- fibre2g
- protein15g
- salt0.46g
- 500g plums, halved and pitted
The juiciest fruit in the stone fruit family, plums come in many different varieties, some sweet…
- 1 cinnamon stick
A fragrant spice which comes from the inner bark of a tropical tree. When dried, it curls into…
- juice and zest 1 orange
One of the best-known citrus fruits, oranges aren't necessarily orange - some varieties are…
- 150ml sweet sherry
- 2 tbsp golden caster sugar, plus extra for sprinkling
For the rice pudding
Heat oven to 190C/170C fan/gas 5. Put plums, cinnamon, orange zest and juice into a medium-sized baking dish. Pour on sherry, sprinkle on sugar, then cover and bake for 30 mins, until plums are tender.
Meanwhile, bring milk and sugar to the boil. add rice and cook until soft, about 30 mins, stirring often. Add most of the nutmeg and stir in evaporated milk.
Remove cinnamon from the spiced plums, then spoon over the rice in an even layer, grate over remaining nutmeg and sprinkle over extra caster sugar. Dot butter on top, return to the oven and cook for 20 mins or until the top is golden.
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Comments, questions and tips
Comments (4)
@Cilla: Wikipedia recommends risotto rice as a replacement for pudding rice. As for the golden caster sugar, it can be replaced with any kind of sugar because the nutmeg, cinnamon, orange and sherry would anyway overcome its flavor.
I used ordinary round-grain rice as that's what I had and it turned out very good, apart from the rice not remaining white as pictured (the plum juice bubbled over it).
Had it for breakfast and the serving size was just right for that purpose, but as an after-meal dessert I'd halve the serving size.
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US buyout house Bain Capital has reportedly raised about $69m selling some of its stake in Hong Kong-listed packaging company Greatview Aseptic Packaging.
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- Description
A modern design fit for the transitioning home, this sofa set is a gorgeous choice. Offered in two fabric color options, each piece comes paired with decorative accent pillows and tapering arms, drawing attention to the fitted back and seat cushions. Wood block legs provide sturdy support for the overall structures while finishing the contemporary look.Includes
1 ChairDimensions
Chair(CM6287-CH), 30 7/8"L X 31 1/4"W X 34 3/4"H (SEAT HT: 13 1/8", SEAT DP: 22 1/2")
More from this collection: Saffron
- Additional Information
Additional Information
SKU 13793720 MPN CM6287-CH GTIN UPC 841403105813 Brand Furniture of America Collection Saffron Assemble Length No Assemble Width No Assemble Height No Assembly Required Yes Material Fabric Color No Styles Transitional Shipping Time 1-2 Weeks Free Shipping No
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text:
Williams Rhapsody 2 88-Key Console Digital Piano
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Magic Shot Gameplay Tips and Strategies
- App name: Magic Shot
- Developer: Francois Alliot
- Genre: Music
- Release: Apr 8, 2015
Let's play Magic Shot on iOS. In this part of the walkthrough, you will learn more tips and tricks while playing the Magic Shot game on the iPhone.
Gameplay Walkthrough
This page contains Magic Shot video walkthroughs for iOS (iPhone/iPad) called "magic shot gameplay" and has been uploaded on Admin official channel at Apr 9, 2015.
Still need help with this level? Here you can ask questions and discuss with other Magic Shot users.
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Stuck on some levels in Magic Shot? This walkthrough can help you finish the game.


text:
Wednesday, May 14, 2014
Tea Party members to restore America
Are you fed up with thousands of new, smothering government regulations, ever-increasing taxes and fees, out-of-control government spending and the assault on our constitutional rights and liberties by our own government?
Join your friends at Spokane Tea Party Patriots. Step up and help us fight ever-increasing government suppression of our God given freedoms.
Help us demand answers to unconscionable scandals including IRS targeting, Department of Justice Mexican gun running, Benghazi terrorist murders, NSA spying and now the Russian/Ukraine land grab taunting an ineffective Obama regime.
Our mission is clear: Roll back the cancerous growth of the "nanny state" by insisting on responsible spending, constitutionally limited government, free and open markets. We also believe in "peace through strength."
Since the disappointing 2012 elections, the Tea Party has helped implement 98 percent of the Bush tax cuts, defend our precious Second Amendment rights from repeated vicious attacks and exposed fatal flaws in ObamaCare.
Make no mistake — America is in decline here at home and around the world largely because of the socialist, leftist agenda driving Washington, D.C.
Patriotic Americans, help us restore the promise of a prosperous, noble America. Our cherished Constitution is in serious jeopardy. Stand up for freedom.
Charles Rowe, Spokane
Local businesses support scouts
I am writing to let you know about the wonderful businesses in our area that supported Troop 60 of the Boy Scouts of America and their annual pancake feed.
Gene's Harvest Foods supplied numerous hams. Caso's Country Foods offered six large bags of pancake mix; Safeway donated dozens of eggs, cheese, milk, and butter. Omak Food Mart donated another five dozen eggs and Rite Aid supplied cups and plates.
Weinstein Beverage provided informational signs and the Masonic Lodge of Okanogan offered the use of its wonderful facility.
Without these entities and hungry supporters, the boys would have a tougher time raising money for their summer and international camps this year. Troop 60 is successful due to the great contributions of the community to which we belong.
Steven Streeter, Okanogan
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United States District Court, Third Circuit
January 29, 2014
UNIVERSAL UNDERWRITERS INSURANCE COMPANY, Plaintiff,v.J MURRAY CO., INC., MURRAY LEASING, INC., and MURRAY MOTORS AUTO EXCHANGE LLC Defendants.
MATTHEW W. BRANN, District Judge.
The undersigned has given full and independent consideration to the detailed October 28, 2013 report and recommendation of Magistrate Judge William I. Arbuckle, III. ECF No. 82. Plaintiff and Defendant filed responses to the report and recommendation. ECF Nos. 84, 85, 86. Consequently, the matter is ripe for disposition.
Because this Court agrees with Magistrate Judge Arbuckle's analysis and because the parties did not raise substantially novel contentions in their responses, the Court will not rehash the sound reasoning of the magistrate judge and will adopt the report and recommendation in its entirety. Material facts remain at issue such that the matter is not amenable to summary judgment.
1. United States Magistrate Judge William I. Arbuckle III's Report and Recommendation is ADOPTED in full. October 28, 2013, ECF No. 82.
2. Plaintiff's Motion to for Partial Summary Judgment is DENIED. November 6, 2012, ECF No. 71.
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The Meaning of GOW
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The most popular meaning of GOW is: Gears of War
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Having undesirable fat in different areas of your body can have a substantial effect on your health and self-confidence. While conventional weight-loss through workout and diet plan is a great method to lose weight in general, even the very best workouts can't target problem areas like the tummy, inner thighs, arms, and buttocks. Liposuction is a time tested treatment that is utilized to get rid of excess fat from particular areas of the body, permitting a specific to shape and contour their body to their liking. Is liposuction right for you? Learn now.
Pros of Liposuction
There are lots of advantages to this cosmetic procedure, including:
• Instantly noticeable modifications. Unlike traditional weight-loss, liposuction produces changes that are right away noticeable in the body. Some difference is visible right away, and the preferred outcomes are normally attained in just a couple of days.
• Proven and safe. This cosmetic treatment has actually been performed by knowledgeable surgeons all over the world for years and the technique has been refined over and again to be safe and reliable.
• Recovery time is usually quick. The downtime needed after having this type of treatment is usually much less than exactly what is required for other types of cosmetic procedures, including tummy tucks, breast reduction, and more. Individuals who have had the treatment can frequently return to work much more quickly than they anticipated and can return to living a healthy, active way of life.
• Weight loss can be irreversible. With the right maintenance techniques, the fat that was gotten rid of throughout the liposuction treatment will not return.
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Prior to having liposuction done, it is necessary to examine the possible downsides of the treatment and determine if the advantages outweigh the risks in your certain case. Your specialist can help you learn more about the risks related to the treatment and can help you choose if progressing is the ideal thing for you.
• Issues with basic anesthesia. Due to the fact that liposuction is carried out under general anesthesia, the treatment carries the very same risks as any other type of surgical treatment where basic anesthesia is utilized. Underlying medical conditions might enhance these dangers.
• Adverse reactions. Bruising, bleeding, and discomfort are all to be expected, however, in rare cases can trigger more considerable complications.
• The prospective to acquire the weight back. After having liposuction done, it is crucial to keep a healthy diet and exercise appropriately as suggested by your physician. Failure to do so might result in acquiring back the weight that was lost or potentially even more.
Although there are threats connected with liposuction, for lots of people, the advantages far surpass them. Inform yourself about the procedure by having in-depth conversations with your specialist and think about how liposuction has the possible to impact you as a distinct individual. Just you and your surgeon can determine if liposuction will provide you with the results you are trying to find within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Hoisington KS
Laser liposuction is a newer, minimally invasive procedure that involves heating the fat cells to melting point and getting rid of the melted fat through a little cannula. The procedure is generally done right in your physician's workplace and is an outstanding alternative for people who have less than 500 ml of fat to remove from any one location. Laser liposuction can be a safe, complementary treatment to weight-loss in order to sculpt the body you've constantly wanted.
Contact a Specialist in your Hoisington KS today.
If you're considering liposuction as a weight reduction solution, it is very important that you discuss your desires with a certified cosmetic surgeon in your location. Your surgeon will perform a total examination and health history questionnaire to determine if liposuction can benefit you and assist you reach your physical and psychological objectives. Call today for an examination and learn more about how liposuction can help you accomplish the body of your dreams.


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Our class is AMAZING!!! You will dance, shake, wiggle, giggle~~> you will burn calories without even realizing it! You MAY even lose weight, fit into "the" wedding dress, get to go off of your BP meds, get a slimmer and more toned body, get better sleep, smile more...and bust a move in public when you hear one of our class songs played!
We have classes 4 nights a week (inside) on the River in this cute little (air conditioned, handicapped accessible) building located right on Route 1. Each class is only $5 and there is no contract required!
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Hotels in Newtownmountkennedy, Ireland
Search & Compare Newtownmountkennedy Hotels
Get Secret Prices on select hotels
These prices aren't available to everyone.
Trending now in Newtownmountkennedy
Hotels in Newtownmountkennedy
- Most bookedDruids Glen Hotel & Golf Resort
590 people looked at this hotel in the last hour
Most recent review
"Amazing hotel super facilitys and really nice staff very welcoming 😊"
A Traveller, Oct 2016, IE
17 people looked at this hotel in the last hour
Most recent review
"Chose this hotel as it was close to a construction site I was working on. 30 minutes from junction 16/Cherrywood at 6pm rush hour traffic. A nice 16 minutes back in the morning. Staff were very friendly in a genuine and nice way. Room as spotless, shower was powerful and lacked no heat. The f..."
A Traveller, Nov 2016, IE
Hotels within 5 miles of Newtownmountkennedy
148 people looked at this hotel in the last hour
Most recent review
"The Glenview is an excellent place to get established just south of Dublin if you are intending to drive around. Access to internal places of interest and the coast is very handy. The hotel fitness centre complete with pools, spas steam room and gymnasium is world class."
A Traveller, Dec 2016, AU
Hotels within 10 miles of Newtownmountkennedy
- Powerscourt Hotel, Autograph CollectionTop-rated for location
274 people looked at this hotel in the last hour
Most recent review
"Most comfortable bed I've ever slept in! Room very spacious and views were awesome. Room service top class. Staff were so friendly & went above and beyond to ensure our stay was enjoyable. Their genuine friendliness and eagerness to please was very admirable! We will definitely return. "
C, Nov 2016, US
186 people looked at this hotel in the last hour
Most recent review
"Our room had been refurbished and was very comfortable and clean family room. The hotel in general was great, the food served in McGettigans was excellent. The breakfast served in the Hotel was very good with plenty of choice. On our first night there was a large wedding taking place, which ke..."
A Traveller, Nov 2016, GB
110 people looked at this hotel in the last hour
Most recent review
"Beautiful property, great friendly helpful staff, central location, great breakfast. Can't wait to go back. "
R, Nov 2016, GB
- The Martello HotelTop-rated for families
107 people looked at this hotel in the last hour
Most recent review
"We booked an apartment. It was large, spacious, clean and comfortable. It was half the price of a hotel room in Dublin. 45 minutes by train to the centre of Dublin so it was easy to go into town for the day. The hotel had a great atmosphere, lively, decent bar food and great staff with wonderful ..."
A Traveller, Jun 2016, GB
91 people looked at this hotel in the last hour
Most recent review
"Breakfast was very nice. Good hotel. Quiet time of year in hotel, end of November."
A Traveller, Nov 2016, CA
9 people looked at this hotel in the last hour
Most recent review
"The owner was very friendly and encouraged us to make ourselves at home and enjoy the lovely gardens. He only took it on five weeks ago so is still working some things out. However myself , my boyfriend and two fellow visitors we befriended really enjoyed our stay and all agreed we would stay aga..."
A Traveller, Apr 2015, IE
7 people looked at this hotel in the last hour
Most recent review
"A comfortable spot to base yourself when exploring the Wicklow area. Fiona was welcoming and provided a good array at breakfast. Our room ( no 1 ) was a very good size with an extra large ensuite that included a bath."
A Traveller, Sep 2016, GB
Best hotels in Newtownmountkennedy
You can compare all of our Newtownmountkennedy hotel rooms including the major Newtownmountkennedy hotel chains using our genuine Hotels.com guest reviews as well as TripAdvisor Newtownmountkennedy hotel reviews to help find the perfect hotel room when booking your accommodation in Newtownmountkennedy. We also feature Expedia Newtownmountkennedy hotels and reviews.
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Find Private & Affordable Kindergarten - 8th Grade Tutoring in the Peotone Area!
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Gallery Folders
Amazing work mate, cheers!
Have admired your work for a while. Really appreciate your skills and admire your style. Best wishes!
Amazing works! you are very talented!
you are really a kind of inspiration to all of us! , speechless of your works specially the rainbow mermaid is still my favorite!!
you have some great work. do you use many models to help create the look your wanting?


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Focaccia Buns
Total Time
Prep 48 hrs
Cook 25 mins
Yes another recipe for focaccia, can make the dough by hand or by your bread machine on dough cycle. These rolls are formed then placed in the refrigerator for 16 to 24 hours, with the refrigeration it gives them a lacy texture and a more chewier crust, so that step is important. When I make them I also so thinly slice yellow and red tomatoes on top before baking along with the spice oil, the tomato dries slightly and makes them oh so yummy. Give them a try today for baking up tomorrows lunch.
Ingredients Nutrition
- 1 1⁄4 cups warm water
- 1 tablespoon active dry yeast
- 1⁄4 cup olive oil (divided)
- 2 teaspoons salt
- 1 teaspoon basil (divided)
- 1 teaspoon thyme (divided)
- 1 teaspoon rosemary (divided)
- 3 1⁄2 cups all-purpose flour (approx.) or 3 1⁄2 cups bread flour (approx.)
- Pour warm water into a large bowl, sprinkle yeast over top, and let stand until frothy at least ten minutes.
- Whisk in 2 tablespoons of the olive oil, along with the salt, and 1/2 teaspoon each of the herbs.
- The remaining oil, and herbs get mixed together in a bowl for the final brushing later after formed, but just before going into the oven.
- Add in 3 cups of the flour and make a soft dough. Place onto a floured bread board and knead for 10 to 15 minutes, adding just enough flour as needed only.
- Place in a oiled large bowl, turning to coat, and cover with plastic wrap.
- Set into a draft free warm area and let double about 2 hours.
- Grease baking sheet and set aside.
- After doubled punch down the dough and divide into twelve portions, to make 12 buns. Roll, pinch and form by tucking under.
- Place onto prepared baking sheet, cover loosely with plastic wrap and place in the refrigerator of up to 24 hours. But not less than 12 hours.
- When ready to bake remove and place on counter and let come to room temperature, which will take about an hour or so.
- Preheat your oven to 400 degrees.
- Mix the remaining oil and herbs if you haven't already done so, and brush tops of each roll.
- Bake at 400 degrees for 25 minutes until golden or tapping bottoms sound hollow.
- I also have sliced red or yellow tomatoes or grape tomatoes and placed on top before baking. Also caramelize a thinly sliced onion and you can also place that on top of each and they become crispy while baking also.
- Hope you enjoy this recipe as much as I do.
Most Helpful
These Focaccia Buns were a real hit. Easy to put together. Great that they can be prepared one day and baked the following day. Next time I will top with tomato or onion. In my keepers file this recipe will go.
Delicious rolls! I made them smaller, so got a couple of dozen out of this recipe. Ended up having to use a bit more flour as I was kneading. Other than that, I stuck to the recipe - it was fairly easy for me, and I'm something of a novice when it comes to breads. Thanks for a great recipe!
These were WONDERFUL! I added sliced tomato on top as suggested and was very pleased with the result. I made them to go along with soup, but the rolls were gone within just 1/2 hour of baking. Tastes better than what you get in the bakery. These are worth the wait in prep. Thanks so much!


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Maine gov criticized for '47 percent' remark
AUGUSTA, Maine — Gov. Paul LePage's opponents are attacking him for saying about 47 percent of able-bodied Mainers don't work.
Eliot Culter, an Independent seeking to unseat LePage in 2014, called the remark "patently false and insulting."
Democratic Rep. Mike Michaud, also running in 2014, says Maine needs a governor to lift the state up, "not put it down with misinformation and attacks."
|The article you requested is no longer available on BostonHerald.com.


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Mamanista! » Entries tagged with "Learning"
Learning and Attention Issues Need Our Focus
It is really quite astonishing to know that with all of the technology and knowledge that we have gained over the years, that one in five children struggles with issues related to reading, math, writing, focus, and organization, and yet many children with learning and attention issues STILL do not have a diagnosis. This is simply baffling to hear. To know that kids and parents are out there struggling, thinking they are alone when there … Read entire article »
Filed under: Special Needs Children
Parent's Read: Helping Boys Learn
* I was sent this book to read and review. All thoughts and opinions are my own.* As the mom of two boys, I totally get that boys learn differently from girls. But the extent to just how differently they learn was a bit foreign to me until I started to read "Helping Boys Learn: 6 Secrets for Your Son's Success in School". My oldest is very bright (scary smart in that he sometimes outsmarts ME, ugh!) … Read entire article »
Filed under: Advice, Books, Books (Advice), Educational, Kindergartners, Learning, Parenting, Pre-schoolers, School Aged Children
LeapReader "Ready, Set, Read, Write" Party!
I recently had the opportunity to work with Leap Frog on their new LeapReader Reading and Writing System. While I am not a teacher, I work really hard with my son on his homework, reading and math skills and try to engage his interests (whether its plants and gardening or race cars!). The LeapReader "Ready, Set, Read, Write" Party! seemed like a great way to get to know some of my son's school friends and … Read entire article »
Filed under: Arts, Counting, Developmental Toys, Educational, Geography, Gift Ideas, Imagination/Creativity, Kids Gifts, Kindergartners, Language, Learning, Play, Pre-schoolers, Reading, Science
Letter Learning Fun
Is your child entering kindergarten or pre-school in the fall? Teach letter recognition over the summer using two fun, educational resources: How to Build an A and the LeapFrog – Letter Factory. How to Build an A is an ideal book for tactile (or kinesthetic) learners. Tactile learners learn best by doing. This hands-on book teaches the alphabet through fun illustrations of each letter and by encouraging kids to build each letter using the 11 foam shapes. The foam shapes … Read entire article »
Filed under: Books, Books (Pre-School), Books (School Aged), DVD, Educational, Featured, Learning, Pre-schoolers, Reading, School Aged Children, Uncategorized


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Featured Post
We Love Leonard Nimoy: Our Favorite Spock-centric "Star Trek" Episodes
Please accept our apologies for delaying so long in bringing you another Leonard Nimoy tribute. The loss of him has really sunk in du...
Tuesday, July 13, 2010
So Long Captain Phil
In reality TV, a lost character can't be re-cast. No one would even dare try with Captain Phil. He was a true American original, and you could do far worse on a Tuesday night than to tune in to Discovery to say farewell.
2 comments:
- Lisa said...
I've never watched the show, though I've always heard great things about it. I seem to have a really low tolerance for reality programming, but TDC is clearly one of the best!
- Thursday, July 15, 2010 8:19:00 AM
- Jane said...
I was actually very saddened and conflicted by this episode. It seemed a terrible invasion of privacy to show Captain Phil in the hospital bed begging for ice chips when for 6 years all we'd seen of him was high seas heroics. The end days of a macho guy are nearly unwatchable. Would rather remember people in all their glory. I too have a low tolerance for reality TV, but Deadliest Catch is probably the best of the bunch. Very gritty. You can practically smell the snow crabs.
- Thursday, July 15, 2010 11:02:00 AM


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April 16, 1963
COMMONWEALTH, APPELLANT,v.COCKFIELD.
Appeal, No. 379, Jan. T., 1962, from order of Court of Oyer and Terminer and Quarter Sessions of the Peace of Philadelphia County, May T., 1960, Nos. 688 to 694, inclusive, in case of Commonwealth of Pennsylvania v. Charles Cockfield. Order reversed; reargument refused June 3, 1963.
Arlen Specter, Assistant District Attorney, with him Louis F. McCabe, Assistant District Attorney, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellant.
Cecil B. Moore, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.
[ 411 Pa. Page 72]
The basic question raised upon this appeal is whether the search of an automobile and the seizure of some of the contents of the trunk of that automobile were incidental to a concededly valid arrest.
In the early morning of April 7, 1960, a dwelling house, located on North Frazier Street, Philadelphia and occupied by a Mrs. Quattlebaum (the deceased) and her two small children, was destroyed by fire and its occupants burned to death. While the fire was still burning, Detective Raifer went to the scene of the fire where he learned that "the fire had probably been caused by an accelerant."
While at the scene of the fire, Detective Raifer, having learned that the deceased had recently been having difficulties with a "boy friend", known as
[ 411 Pa. Page 73]
"Bill", interrogated a Miss Planet, the deceased's next door neighbor. Miss Planet identified "Bill" as Charles Cockfield, a resident of the "200 block" of South Alden Street. She told the police officer that Cockfield had exhibited "a pattern and action of violence" and, on one occasion, had put a knife to the deceased's throat; that the deceased had received threatening letters from Cockfield which Miss Planet had seen; that deceased's dwelling house had previously had a fire of unknown origin.
Acting upon this information, Detective Raifer went to Cockfield's home on South Alden Street but was unable to secure admission. Leaving other officers to maintain a surveillance of Cockfield's home, Detective Raifer, through his superior officer, ascertained that Cockfield was the registered owner of a 1953 Dodge automobile and, about 5:30 a.m., April 7th, this automobile, its motor still warm, was located about three-quarters of a block from Cockfield's home. Detective Raifer examined the automobile and its glove compartment and kept the automobile under surveillance until about 8:15 a.m. on that date, at which time the car trunk was examined and, in addition to tools, a fruit basket and construction paraphernalia, there was found a "two gallon Gulf, blue and orange ... gasoline can that was lying on its side" and under it "... a wet spot on top of the fruit basket ... which smelled like gasoline" together with "a roll of sort of pale, green toilet paper, and, on the edge of the roll, itself, there were charred marks, charred as if from fire." The trunk was then closed and its contents left undisturbed.
Thereafter, the Cockfield automobile was removed by the police and placed in front of a nearby police precinct station where its distributor cap was removed and certain wires disconnected. All police districts were notified to report any inquiry concerning the whereabouts of this automobile. The automobile disappeared
[ 411 Pa. Page 74]
from in front of the precinct station that afternoon.*fn1
In the early morning of April 8th, Cockfield was taken into custody at his home and in the early morning of April 9th made a statement to the police wherein he admitted that he had thrown gasoline from the can on the porch of the deceased's house in order to frighten her and show her what might happen, but he denied having ignited the gasoline or having anything to do with the fire. Thereafter, Cockfield was taken to his home for a change of clothing and then arraigned on charges of murder, manslaughter and arson.
The next day - April 10th - Detective Raifer searched Cockfield's car and seized the gasoline can and toilet tissue from the trunk. Neither in connection with the arrest of Cockfield nor with the search of his automobile and the seizure of some of its contents did the police officers have any warrant.
On May 5th, 1962,*fn2 Cockfield's counsel moved to suppress as evidence the gasoline can and toilet tissue on the ground they had been obtained through an illegal search and seizure. After a hearing in the Court of Quarter Sessions of Philadelphia County before the Honorable GERALD GLEESON, that court directed the
[ 411 Pa. Page 75]
suppression of the evidence. From that order, the Commonwealth has appealed to this Court.*fn3
Two questions are raised: (a) does Mapp v. Ohio, supra, require state courts to conform to federal tests as to the "reasonableness" of a search and seizure?; (b) was the search of Cockfield's automobile and the seizure therefrom of the gasoline can and toilet tissue a reasonable search and seizure within the Constitution purview?
The first question raised has been considered and determined in Commonwealth v. Bosurgi, 411 Pa. 56, 190 A.2d 304 (1963). In Bosurgi, we have held that state courts are still free, in passing upon the "reasonableness" of a search and seizure, to apply their own, rather than federal, standards as to what constitutes "reasonableness".
As to the second question raised, since the validity and the legality of the arrest of Cockfield is not questioned, the "reasonableness" of the search and the seizure depends basically upon whether such search and seizure were incidental to the arrest.
It is well established that, if an arrest is valid, a search and seizure which are incidental to that arrest are valid: Commonwealth v. Bosurgi, supra (p. 56) and cases therein cited.
In passing upon the validity of the search and the seizure in the case at bar certain facts have been established or assumed: (a) the search and seizure to which objection is made is that which took place on April 10, subsequent to the arrest, and not the alleged search which took place on April 7th, prior to the arrest; (b) the search and seizure took place 57 hours after Cockfield was taken in custody and 25 1/2 hours after Cockfield's formal arraignment; (c) prior to
[ 411 Pa. Page 76]
Cockfield's arrest his automobile had been in the custody of the police for approximately 7 to 8 hours before it was repossessed by Cockfield and, during this period of time, no seizure of evidence took place although the evidence had been seen; (d) in Cockfield's written statement to the police, given approximately 23 hours prior to the search of the automobile, reference is made to both the gasoline can and the toilet tissue in the trunk.
The court below, as clearly appears from an examination of its opinion, took the position that "ample opportunity was presented to obtain a search warrant and there was no compelling sense of urgency which would justify the search of the car without a warrant" and that "the search and seizure conducted two days later cannot be seen as being incident to the earlier initial arrest". On both grounds the court erred.
The absence of a search warrant cannot per se be equated with "unreasonableness" of a search. The United States Supreme Court in U.S. v. Rabinowitz, 339 U.S. 56, 65, 66, 70 S.Ct. 430, stated: "The relevant test is not whether it is reasonable to procure a search warrant, but whether the search was reasonable. That criterion in turn depends upon the facts and circumstances - the total atmosphere of the case."*fn4 In Commonwealth v. Czajkowski, 198 Pa. Superior Ct. 511, 516, 182 A.2d 298, the Superior Court said: "We think that the search of the car at the police station turned
[ 411 Pa. Page 77]
upon its reasonableness and propriety under the circumstances rather than upon the practicability of procuring a search warrant." The fact that the police officers might have had the opportunity to secure a search warrant does not detract from the "reasonableness" of the instant search if the "totality of the facts" surrounding the search and seizure were reasonable and, particularly, if the search and seizure were incidental to the valid arrest.
"Incidental", in its pertinent meaning, refers to that which follows as an "incident", i.e., "an event of accessory or subordinate character" (The Oxford English Dictionary, Vol. V, p. 152).*fn5 In our view, the search and seizure of the contents of Cockfield's automobile were clearly "incidental" to the arrest and the one logically followed the other. The time which elapsed between the time of the arrest and the time of the search does not destroy the character of the search as incidental to the arrest. The search and seizure flowed naturally from and were part and parcel of the normal and logical consequences of the arrest. Had the police officers not searched this automobile and seized this gasoline can and tissue they would have been derelict in their duties. Their actions did not constitute an unlawful or unconstitutional invasion of the right of privacy of Cockfield and, viewed under all the circumstances presented on the instant record, the search and seizure were clearly "reasonable" in nature and "incidental" to the valid arrest.
The court below in suppressing the evidence secured by this lawful search and seizure was clearly in error.
Order reversed.
[ 411 Pa. Page 78]
In attempting to justify the searches and seizures in Commonwealth v. Bosurgi and Commonwealth v. Cockfield, the Commonwealth presents alternative arguments: (1) either the searches were valid under federal standards, or (2) Mapp v. Ohio does not require state courts to follow federal standards and the seizures involved do not violate the due process clause of the fourteenth amendment since they resulted from reasonable police activity. In holding that the evidence need not be suppressed, the majority first declares that Mapp v. Ohio does not require state courts to follow federal standards. It then proceeds, however, to uphold the searches under federal standards, a decision which renders its statements about the impact of Mapp v. Ohio as obiter dictum.
I dissent from the decisions in Bosurgi and Cockfield for two reasons. First, I disagree with the majority's view that these seizures can be upheld under federal standards. Secondly, even assuming that Mapp v. Ohio permits state courts to adopt less strict standards for judging the reasonableness of a search and seizure,*fn1 the police activity in these cases violates the fourteenth amendment's guarantee against invasions of privacy.*fn2
In Bosurgi, the majority holds that an uncorroborated tip from an anonymous informant constitutes
[ 411 Pa. Page 79]
"probable cause" to arrest, thereby validating a search without a warrant incident to the arrest. Such holding is directly contrary to the federal cases on this point. The federal law is summarized as follows: "All the cases in which a 'tip' has been heavily relied upon to establish probable cause have stressed the need for 'a substantial basis for crediting the hearsay,' (citing a case), or a record of 'accurate and reliable information,' (citing a case); in short, 'a previously reliable informant,' (citing a case). Prudent and cautious men would not act in so decisive a fashion in reliance on an uncorroborated anonymous caller. ..." (Costello v. United States, 298 F.2d 99, 101 (9th Cir. 1962).*fn3 Therefore, the search and seizure in Bosurgi cannot be upheld under federal standards.
The majority's conclusion that there was "probable cause" under the federal cases for the arrest of defendant-Bosurgi is all the more surprising in view of the fact that the Commonwealth places little emphasis in its brief upon justifying the seizure under federal standards. The Commonwealth's main argument is that we should break away from the rigid federal formulas for judging the legality of searches and seizures, and instead establish a test of whether the police activity in question was reasonable under the circumstances.*fn4
[ 411 Pa. Page 80]
Without deciding whether we are free to adopt the standard proposed by the Commonwealth, I cannot agree that the police acted in a reasonable manner in Bosurgi. No explanation is offered why the police did not first observe defendant's activities in the taproom and attempt to corroborate the anonymous tip, instead of immediately arresting and searching him. Therefore, even under the test suggested by the Commonwealth, I would hold that the evidence seized in Bosurgi must be suppressed.
Turning next to the Cockfield decision, the majority holds that the search of the automobile without a warrant was justified under the federal rule of "search incident to arrest," although at the time of the search defendant-Cockfield had been safely behind bars for 24 hours and the automobile was parked across the street from the police station. The meaning and rationale behind the search incident to arrest doctrine - the only occasion under federal law where a search can be conducted without a warrant - is not to be sought in the Oxford English Dictionary, as the majority does, but rather in the considerable body of federal law dealing with that concept. The two purposes of the rule are to protect the arresting officer from bodily harm, and to prevent the defendant from destroying evidence which is "within his control." See United States v. Rabinowitz, 339 U.S. 56 (1950). Where, as here, the defendant has been in custody for 24 hours the rule is obviously inapplicable. Agnello v. United States, 269 U.S. 20 (1925).
In addition, no explanation is offered why a search warrant was not secured. Although Rabinowitz holds that it is not necessary for the prosecution to justify in each case the failure to obtain a search warrant, the failure to secure a warrant where, as in the instant case, one could easily be obtained without danger of a disappearance of the evidence, is a factor in determining
[ 411 Pa. Page 81]
the validity of the search and seizure. See Chapman v. United States, 365 U.S. 610 (1961).
The failure to obtain a warrant under the circumstances presented in Cockfield would also lead me to hold, under the test suggested by the Commonwealth, that the police activity was not reasonable or proper. Therefore, I would hold that the evidence must be suppressed under either alternative presented by the Commonwealth.
For the above reasons, I dissent in Commonwealth v. Bosurgi and Commonwealth v. Cockfield.
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