text:
PRESS DIGEST - Wall Street Journal - Dec 7
Dec 7 The following are the top stories in the Wall Street Journal. Reuters has not verified these stories and does not vouch for their accuracy.
* Shares sold at $18 each, below expected range
* Company had planned to sell shares for $22-$24
* Freescale was taken private in 2006
(Adds background about private equity exits)
By Sinead Carew and Megan Davies
NEW YORK, May 25 Freescale Semiconductor Holdings , bought by buyout firms near the peak of the private equity boom in 2006, raised a less-than-expected $783 million in its initial public offering on Wednesday.
The chipmaker sold 43.5 million shares for $18 each, the company said. It had planned to sell the shares for $22 to $24 each.
Freescale was taken private in 2006 in a $17.6 billion buyout by a private-equity consortium led by Blackstone Group LP and including Carlyle Group and TPG Capital LP .
That deal, which is the biggest leveraged buyout of a technology company on record, has been described by some investors as one of the most unsuccessful because it left Freescale with massive debt, hurting its ability to compete in the investment-intensive chip market.
Freescale, whose rivals include Texas Instruments Inc and STMicroelectronics NV , was spun off from Motorola in 2004.
The IPO pricing implies a total equity valuation of about $4.3 billion for Freescale, based on its price and the company's expectation for 240 million shares outstanding after the IPO.
On an enterprise value basis -- which includes debt -- Freescale will have an implied valuation of about $12 billion.
While that is less than the value of the 2006 leveraged buyout deal, the private equity owners will have the opportunity to make more money through secondary share offerings at future dates.
Private equity firms buy companies with the aim of exiting their investments a few years later with a large profit.
There has been a surge of exit activity recently as stock markets have rebounded and cash-rich companies demonstrate they are willing to buy assets owned by private equity firms.
Recent data by London-based research firm Preqin showed that there were 201 private equity-backed exits so far this quarter valued at $85 billion, which beat a record set in the fourth quarter of 2010.
Freescale, whose chips are used in cars, cellphones and consumer products like Amazon.com Inc's Kindle electronic reader, plans to use the IPO proceeds to pay off some of the $7.6 billion in debt it still had on its books in the first quarter, when it posted a net loss of $148 million.
The Austin, Texas company, which plans to list on the New York Stock Exchange under the symbol "FSL", is a major supplier of chips for entertainment systems, brakes and airbags in cars.
Citigroup and Deutsche Bank Securities led the underwriters on the IPO.
On Tuesday, Applied Materials Inc , the world's top supplier of semiconductor manufacturing equipment, orecast net sales in its fiscal third quarter to be down 3 percent to 10 percent sequentially, saying concerns about a tough economy have led chipmakers to delay spending to expand capacity. [ID:nN24194146] (Reporting by Sinead Carew, Megan Davies and Clare Baldwin; Editing by Andre Grenon and Carol Bishopric)
Dec 7 The following are the top stories in the Wall Street Journal. Reuters has not verified these stories and does not vouch for their accuracy.
NEW YORK, Dec 6 Relatives of Malaysian businessman Low Taek Jho plan to take fresh court action in a bid to prevent the U.S. government from seizing assets as part of an investigation into the scandal-tainted 1MDB fund, according to a U.S. court filing.
Dec 6 Relatives of Malaysian businessman Low Taek Jho are seeking fresh court action in a bid to prevent the U.S. government from seizing assets as part of an investigation into the scandal-tainted 1MDB fund, according to a U.S. court filing.


text:
Valeriya (ID: 80267)
Date of birth:November 19, 1995
Height:5' 7" (172 cm)
Weight:138 lb (63 kg)
Hair color:brown-haired
Eyes color:green
Religion:Russian Orthodox
Marital status:single
Education:Medical School ( College )
English language:Using dictionary
Others foreign languages:No
Seeks partner:25 - 45 years old
Total photos:8
Bikini photos:0
Hobbies and interests:
In my spare time I take English classes, like to read, watch movies and cooking some new and rare recipes of Healthy Nutrition. As a sport activities for 10 years i do Belly dance - even won few serious competitions in Ukraine. Besides belly dances i practice gymnastics and stretching - and i think this and my genetics help me to keep my self healthy and fit.
About me:
I'm kind, polite, cheerful and smiley person. Good sense of humor keeps me smiling and positive most of the time. Maybe because i try to look at the world on same with them point. I have dog and cat living with me - and those are my best friends right now and it is so nice to have them around in the rest of the day.
Looking For Men Type:
I'm looking for a person with same active life position as I have, kind, loyal, understanding women and our nature. I love to travel and I expect my partner to be ready for some unexpected trips, romantic holidays or some long drives. Maybe we could do some dancing classes together or readers club - anything what will keep us away from routine and bore. Healthy life style is preferred by me, but it is doesn't mean to be vegan or not going out occasionally. Just be real and be yourself with me.
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Learn Excel Episode 195: Starbucks or the Lottery?
I spend a couple bucks a day on Starbucks, UNLESS the local lottery jackpot is so unbelievably huge that the odds are in my favor. In today's episode, learn how to use a simple function in Excel to figure out the probabilty of your local lottery game. Episode 195 will show you how.


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Appeal from the Circuit Court of McDonough County; the Hon.
U.S. Collins, Judge, presiding.
Defendant, Scott Wisslead, was convicted of unlawful restraint, aggravated assault and simple assault (Ill. Rev. Stat. 1981, ch. 38, pars. 10-3, 12-2 and 12-1, respectively) following a jury trial in the circuit court of McDonough County. The court sentenced defendant to concurrent terms of probation of 30 months for unlawful restraint and one year each for aggravated assault and simple assault.
In this appeal, defendant challenges the sufficiency of the information charging him with unlawful restraint; contends that the unlawful restraint statute is unconstitutional; and argues that his convictions for assault and aggravated assault must be vacated as lesser included offenses. The State concedes that assault under section 12-1 of the Criminal Code of 1961 is by definition a lesser included offense of aggravated assault under section 12-2 (see Ill. Rev. Stat. 1981, ch. 38, par. 2-9(a)) and that defendant's conviction for simple assault must, therefore, be vacated under the rule of People v. King (1977), 66 Ill.2d 551, 363 N.E.2d 838. Accordingly, we vacate the assault conviction under section 12-1 and consider the remaining disputed issues before us.
The defendant was charged on April 1, 1981, by a two-count information alleging in count I armed violence predicated on unlawful restraint, and in count II, unlawful restraint. Count I was dismissed by the circuit court on grounds that it was unconstitutional as applied. The dismissal was upheld by the supreme court in People v. Wisslead (1983), 94 Ill.2d 190, 446 N.E.2d 512, and the case was remanded to the circuit court for trial on the remaining count.
In count II, the information alleged that on March 31, 1981, the defendant:
"[K]nowingly without legal authority, detained Nancy Rutledge Wisslead, and did then and there, thereby, commit the offense of UNLAWFUL RESTRAINT, in violation of Chapter 38, Section 10-3(a) of the Illinois Revised Statutes." (Emphasis added.)
The italicized language mirrors the wording of section 10-3 of the Criminal Code of 1961 (Ill. Rev. Stat. 1981, ch. 38, par. 10-3).
The defendant argues that the information is insufficient to sustain his conviction because it fails to set forth "the nature and elements of the offense charged" (Ill. Rev. Stat. 1981, ch. 38, par. 111-3(a)(3)). Where, as here, the statute allegedly violated is framed in generic language, defendant continues, a complaint merely reciting the statutory definition will fail if its language does not apprise the defendant of the precise offense with which he is charged. In support of his position, defendant urges that we consider People v. Hayes (1979), 75 Ill. App.3d 822, 394 N.E.2d 80 (complaint framed in language of reckless-conduct statute (Ill. Rev. Stat. 1977, ch. 38, par. 12-5) held insufficient), and People v. Lyda (1975), 27 Ill. App.3d 906, 327 N.E.2d 494 (indictment framed in words of obstructing-justice statute (Ill. Rev. Stat. 1971, ch. 38, par. 31-4(a)) held insufficient). While the defendant can point to no reported Illinois cases considering the unlawful-restraint statute in this context, he asks that we analogize the generic nature of the statutory definitions of the offenses considered in Hayes and Lyda to the statutory definition set forth in section 10-3.
The State, acknowledging that there are no reported Illinois cases directly on point, contends that the statutory language, "knowingly without legal authority detains another," sufficiently particularizes the offense so as to apprise the defendant of the precise conduct which allegedly was in violation of the unlawful restraint statute. The State asks us to analogize the information in this case to the instrument upheld as sufficient to charge aggravated kidnaping in People v. Bauer (1969), 111 Ill. App.2d 211, 249 N.E.2d 859.
• 1 Having duly considered the issue presented and the precedents cited by both parties, we find the information fatally defective. The defendant challenged the sufficiency of the information in the trial court via a motion in arrest of judgment. Accordingly, our analysis of this issue, as the parties agree, is guided by the "strict adherence" rule of People v. Lutz (1978), 73 Ill.2d 204, 383 N.E.2d 171, rather than the more liberal standard of review applicable to challenges raised for the first time on appeal. (See People v. Pujoue (1975), 61 Ill.2d 335, 335 N.E.2d 437; People v. Deal (1979), 69 Ill. App.3d 74, 387 N.E.2d 21.) Moreover, as observed by Justice Goldenhersh in Lutz, the strict adherence rule requires that a charging instrument provide greater detail to support a conviction for a choate offense, such as unlawful restraint, than for an inchoate offense, such as attempt or conspiracy.
The narrow question before us is whether count II of the information charging unlawful restraint is sufficiently particularized as to strictly conform with the statutory requirement of section 111-3(a)(3) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1981, ch. 38, par. 111-3(a)(3)), which mandates that the instrument set forth the "nature and elements" of the offense. "Significance and effect should * * * be accorded every * * * phrase and word" of a statute, and "[a] statute should be so construed * * * that no word * * * is rendered meaningless or superfluous." (People v. Lutz (1978), 73 Ill.2d 204, 212, 383 N.E.2d 171, 174.) These principles of statutory construction require us to give meaning and effect to both "nature" and "elements" as they are used in section 111-3(a)(3). As we see it, the "elements" of unlawful restraint are adequately set forth in the information since they have been lifted directly from the statutory definition of unlawful restraint. Were we to hold, as the State suggests, that the information therefore meets the statutory requirement of setting forth "nature and elements" of the offense, we would render superfluous or meaningless the words "nature" and "and." The "strict adherence" rule of Lutz (recently reaffirmed in People v. Smith (1984), 99 Ill.2d 467, 459 N.E.2d 1357) precludes such a result. By failing to describe with particularity any specific act or conduct by the defendant which "detained" the victim, the information fails to set forth the "nature" of this defendant's alleged commission of the offense of unlawful restraint. Consequently, the defendant's motion in arrest of judgment should have been granted with respect to that offense.
The defendant has also attacked the unlawful restraint statute on constitutional bases. However, since his conviction of that offense is being reversed, we do not reach the constitutional issues.
• 2, 3 Finally, defendant contends that his conviction of aggravated assault must be reversed because aggravated assault is a lesser included offense of unlawful restraint and the conviction was obtained on the basis of the invalid charge of unlawful restraint. The State, on the other hand, argues: (1) that aggravated assault is not by definition a lesser included offense of unlawful restraint since all of the elements of one offense are not included in the other; (2) that the defendant should not be permitted to introduce error into the trial by tendering a jury instruction on a lesser degree offense — in this case, aggravated assault, a Class A misdemeanor — based upon evidence of an inherently related greater degree offense — in this case, unlawful restraint, a Class 4 felony — and then attacking his conviction of the lesser offense on grounds that the charging instrument was defective for the greater degree offense; and (3) that the defendant, in any event, has waived the issue by failing to provide a verbatim transcript of trial proceedings to support his contention that the State relied upon the same act(s) in proving the two offenses.
For the reasons suggested by the State, defendant's arguments concerning his conviction of aggravated assault fail to persuade. In effect, the defendant is asking us to extend our holding in People v. Dace (1983), 114 Ill. App.3d 908, 449 N.E.2d 1031 (appeal docketed, No. 58643, cons. with 58658), so as to equate the concept of "inherently related" offenses to that of "lesser included" offenses. We decline to do so precisely to avoid the type of mischief that the second prong of defendant's argument exposes.
While we have no quarrel with affording the defendant his right to effectively defend himself at trial by instructing the jury on inherently related lesser degree offenses supported by the evidence (People v. Dace (1983), 114 Ill. App.3d 908, 449 N.E.2d 1031), neither the issue presented in Dace nor our reasoning therein mandate that the "lesser included" doctrine be thereby subsumed by the broader "inherent relationship" analysis applied in Dace. Our holding in Dace finds its constitutional underpinnings in a defendant's right to stand convicted of an offense only if the State produces proof of each element beyond a reasonable doubt. By giving a defense-tendered jury instruction on inherently related, lesser-degree offenses, the defendant stands to derive the full benefit of the reasonable-doubt standard; but, at the same time, he runs the risk inherent in giving the jury a "third option" in addition to the conviction/acquittal decision to be made on the charged offense.
In the instant case, in addition to the State-tendered instruction on unlawful restraint (Illinois Pattern Jury Instructions (IPI), Criminal, Nos. 8.06 through 8.07 (2d ed. 1981)), the defendant tendered jury instructions on aggravated assault, simple assault and battery (IPI Criminal Nos. 11.01 through 11.06 (2d ed. 1981)). The jury found the defendant guilty of unlawful restraint, assault, and aggravated assault. The jury acquitted the defendant of battery. Although the defendant argues that his convictions of aggravated assault and unlawful restraint were both carved from the same act, we cannot agree. The record on appeal consists of the common law record alone. Without a transcript of the trial proceedings, we must presume that the trial court correctly concluded that the defendant's convictions of unlawful restraint and aggravated assault did not violate the rule in King. As the State correctly asserts, one offense is not, by definition, a lesser included offense of the other.
Obviously, the defendant cannot complain of lack of notice of a charge against him which he has introduced into his own trial through jury instructions. Since, as we have earlier determined, the defendant's convictions of simple assault and unlawful restraint are vacated, the defendant cannot claim prejudice for multiple convictions and sentences. Under these circumstances, we find no constitutional infirmity in affirming the defendant's aggravated assault conviction and sentence, even though count II of the information — unlawful restraint — the only count remaining at the time of defendant's trial — was legally insufficient to sustain a conviction for that offense.
For the foregoing reasons, we reverse and vacate the defendant's convictions and sentences for unlawful restraint and assault, and we affirm the defendant's conviction of aggravated assault. A resentencing hearing is not necessary, since there is no indication that the sentencing judge may have been influenced by the vacated convictions in determining the punishment for aggravated assault.
Reversed in part; vacated in part; affirmed in part.
HEIPLE and SCOTT, JJ., concur.
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Morning Poll: Should "Spice" Possession be a Felony?
-year-old Matthew Keller became -- by all accounts -- the first person to be arrested in Arizona for possession of "Spice," a synthetic form of marijuana outlawed in the Grand Canyon State in February. He was charged with a felony.
After getting pulled over by a Yavapai County sheriff's deputy last week, Keller admitted there was "Spice" in his car. He told the deputy he didn't know it was illegal and that he'd recently made the switch from real weed to "Spice" because he was under the impression it was legal.
"Spice," legally speaking, is now considered the same as marijuana, which makes sense considering it causes many of the same impairments.
But a felony? Seems a bit harsh.
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IRS hacked; data stolen from over 100,000 taxpayers
Hackers successfully accessed—stole—personal information, including tax return data, from over 100,000 U.S. taxpayers. In a series of attacks that took place from February to mid-May, the hackers utilized the IRS's "Get Transcript" system to access all of the personal information that would be on a tax return, from birthdays and social security numbers to addresses. The motivation behind the attack is, apparently, an extensive plot to claim fraudulent tax returns using stolen identities. According to the IRS, over $5.8 billion USD in fraudulent refunds were sent out in the year 2013, alone.


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Lughnasa - Celebrating the Harvest
The festivities began early in the morning so the participants could 'make a day of it'; they set out on foot, on horseback or in carts, and made sure to bring plenty of food, drink as well as musical instruments. On arrival at the meeting place, festivities began in earnest. There'd be the young men engaged in tests of skill and strength as well as sport and games. There's even historic documentation that if there was a body of water nearby, they'd hold horse swimming races! The young girls picked wild flowers and made them into garlands or nosegays. If there was a sacred standing stone in the area, it would often be decorated with garlands of flowers. And, of course, there were always the wild berries to be picked and savored on the spot or saved for dessert.
In some parts of Ireland, it was customary on the first Sunday in August to drive horses and cattle into a pool or river and "swim them". This was done as a health measure and was considered so important that if the farmer neglected his duty, the animal would not survive the year. This might explain the swimming races mentioned earlier! In addition to the custom of "drenching", country folk would also attempt to ward off evil by throwing a horse's bridle into the water and leaving it there. In the case of cattle, the custom was to throw in a lump of butter so that the cows would produce plenty of milk.
Besides the gatherings of entire communities, there were other Lugnasa customs and traditions. This was a favorite time for "pattern days" which were when a favorite saint or patron saint was honored with a visit to their sacred well or shrine. Festivities began with devotions which consisted of "making the rounds." The faithful would walk around the shrine or well a certain number of times while reciting special prayers. If the pattern was held at a sacred well, part of the ritual included drinking the water or, if one had a sore or other affliction, washing that part of the body in the sacred stream. Many shrines and wells are famous for their cures of various ailments. In general, most pilgrims left a small token of their visit - a coin perhaps, or a piece of cloth hung up. After the devotions, the secular festivities began and these were very similar to the Harvest celebrations already mentioned.
Superstitions, especially about the weather, also played a prominent role during Lughnasa. In Co. Limerick, for example, Knockfeerina Mountain was a weather portent over a wide area. If the peak looked blue and distant, a fine harvest was expected; if it appeared green and close at hand, the worst was feared. Also, it was widely believed that if floods occur in May, flooding could be expected during harvest time. In general, the many beliefs and traditions which heralded the season evolved from its supreme importance to the lives of the people and their survival. Thus, there were offerings of fruits and flowers on Knnockfeerina Mountain as well as the garlanding with flowers of the largest pillar stone - all to ensure plenty in the coming year, and all undoubtedly, remnants of rituals that go back way before Christianity.
One August event, with its attendant rites and rituals has survived to the present day, and that's the Puck Fair in Killorglin, Co. Kerry.
Note: Corn in this context is a term used to describe all four of the main cereal crops grown in Ireland - wheat, oats, barley and rye.
Holly and Ivy hanging up and
something wet in every cup*
Not so long ago, Irish Christmas decorations were much simpler than they are now. The children gathered holly and ivy for adorning, windows, doorways, mantles and pictures, and the father would carve out a turnip in which would be placed a large red candle. This would go in the window to light the way for the Holy Family on Christmas Eve. Only in relatively recent times did an Irish family have a Nativity scene and a decorated tree in the house. As for Mistletoe, it's quite rare in ireland and is generally associated with ancient Celtic and Druidic fertility celebrations; this is most likely where the custom of kissing under the mistletoe comes from.
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Shikara - Fitzrovia
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Address: 65 Great Titchfield Street, Fitzrovia, Greater London, W1W 7PS
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Cuisine Type: Indian
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superb place, try the set lunch for only £6.95, excellent value Matt
I been a regular to Bengal city, but recently it has changed under new management. The food is still the best though lot has changed within the restaurant. The decor, it looks really pretty now. The menu- offering whole new list of dishes. I enjoyed the Malabar monkfish curry, calamari (starter). I love seafood though have never found an Indian Restaurant serving these dishes. I truly think this place will do really well, worth the visit excellent evening. Sarah
I have been a regular to this restaurant. Over the years they have lacked in service. This restaurant has recently gone through refurbishment, and been changed of management. The food is still great but the service has changed dramatically Sharon
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175-177 Great Portland Street, Fitzrovia, Greater London, W1W 5PA
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COMPLETEY REFURBISHED BUNGALOW! Currently undergoing complete refurbishment is this two bedroom semi detached bungalow located close to Brightside school, High Street and station. Available early January.
Three bedroom semi detached Bungalow situated within walking distance of station and high street with off street parking for 2/3 cars.
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NO CHAIN Entwistle Green are absolutely delighted to introduce to the market this one bedroom apartment in the ever popular L15 postcode of Liverpool. Ideal for first time buyers and investors, the apartment is attractively priced for a quick sale. Comprising a communal hallway reached around the back of the private entrance and parking, the flat itself hosts a double bedroom, open plan lounge/kitchen and three piece bathroom. Anyone wishing for an apartment within a highly sought after area needn't look further.
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168 E BERYL AVE South Salt Lake, UT 84115
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Move-in-ready! cottage. Location, location location. East side, close to everything. Remodeled right. New flooring, electrical, plumbing, windows, bathrooms, kitchen, everything is new. Quiet family neighborhood, nice backyard. RV park. Square footage figures are provided as a courtesy estimate only and were obtained from county records. Buyer is advised to obtain an independent measurement.
Interior Features Include:
Kitchen: Updated
Basement None/Crawl Space
Fireplaces 0
Heating: Forced Air, Gas: Central
Floor Type: Carpet, Laminate, Tile
Exterior Features Include:
Porch: Open
Acreage: 0.1500 Acres
Lot: Road: Paved, Sidewalks, Terrain, Flat
Roof: Asphalt Shingles
Exterior: Aluminum/Vinyl
Garage/Parking: Parking: Uncovered, Rv Parking
Other Features Include:
Subdivision: N/A
Inclusions: Range Hood
Water: Culinary
Utilities Gas: Connected, Power: Connected, Sewer: Connected, Water: Connected
Accessibility Single Level Living
Storage Patio, Other, Shed
Taxes 1161
School District: Granite
Information deemed reliable but not guaranteed accurate. Buyer to verify all information.The multiple listing information is provided by Wasatch Front Regional Multiple Listing Service, Inc. from a copyrighted compilation of listings. The compilation of listings and each individual listing are © 2014 Wasatch Front Regional Multiple Listing Service, Inc., All Rights Reserved. The information provided is for consumers, personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.


text: We had a party of seven on a busy Friday night. I had made a reservation and the table was ready when we arrived. Some of the dishes we tried. First off, we shared an appetizer of their award winning Mac n Cheese. It was really good. The sauce was a little grainy but very flavorful. The other meals all... More


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If you are looking for the sweetest girl ever, look no further!!! Miss Molly was living on the streets in Houston with her pups and was lucky to get on the Denver-bound bus! Her pups have their own forever homes now, and Molly is ready to find hers, too! Molly is house trained, crate trained and obedient. Belly rubs are her favorite. She is great with adults and kids of all ages. She loves chewing on her rawhide treats, and hanging out on the couch for loving pats is heaven for her. She loves car rides, walks great on a leash, and has successfully completed her heartworm treatment! She wants to be by your side all the time! Molly's foster parents are working with her on training, and she is learning to be neutral with other dogs. Molly would do well in a home with a forever family willing to work slowly and patiently on introducing her to another dog or one where she's the only pup. Watch Molly's story at https://drive.google.com/file/d/0B46BMorPWpH4empyWVowTVRkTFk/view?usp=sharing If you would like to meet Molly, please apply at www.outpaws.org/adopt
We believe that our pets rescue us as much as we rescue them, no matter if they are homeless or shelter animals that have been deemed "unadoptable." We pride ourselves on being champions of the "underdogs," and we know that with a little patience and love, mixed with proper care and training, these animals can make wonderful, loving companions. Whether placing pets in foster homes or forever homes, our role as "matchmaker" is one we take seriously. We hope to reach those who are lifelong pet owners as well as those who are looking for their first rescue with the goal of creating and nurturing bonds that last a lifetime.
Once we have received your application and determined that you are a good match for the requested animal, we will contact you by email. The foster parent will then contact you to arrange a time for you to meet the animal, at which time you can decide if you would like to complete the adoption.
Once the adoption is approved, you will need to complete our online Adoption Contract and pay the non-refundable adoption fee. This non-tax-deductible fee assists us in continuing to save more homeless pets and may be refunded only if the animal is returned within 14 days due to a health consideration.
All of our animals are spayed/neutered and up-to-date on distemper, parvo, parainfluenza and adenovirus, as well as rabies if they are over 6 months of age.
Adoption Fees
Dogs under 1 year of age: $250
Dogs over 1 year of age: $200
Kittens: $125
Adult cats: $75
Thank You!
Your message has been sent to OutPaws.
You'll receive a copy, too, at to help you keep track of which pets you've inquired about, and which shelters and rescues you've emailed.
NOTE: Some shelters have physical locations you can visit; some of these shelters may only have pets for a limited time, so please do not wait for a reply—just go visit the shelter! Other organizations are rescue groups run by busy volunteers who may take a while to reply. You can find information about the shelter or rescue group caring for this pet, and their adoption procedures, on the pet's details page on Adopt-a-Pet.com.


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Military Honor and Decency Act challenged in federal court again
The Military Honor and Decency Act, the federal law that restricts sale or rental of sexually explicit material at military bases, has been challenged in federal court on First Amendment grounds — again.
Last week, three companies that sell magazines at wholesale prices for resale at military exchanges and four individuals, active or retired military personnel, sued in a California federal district court, contending the law violates First Amendment free-speech rights.
The Military Honor and Decency Act provides that "the Department of Defense may not permit the sale or rental of sexually explicit material on property under the jurisdiction of the Department of Defense." Another provision of the law provides that "a member of the Armed Forces or a civilian officer or employee of the Department of Defense acting in an official capacity may not provide for sale, remuneration or rental of sexually explicit material to another person."
In PMG International Division, L.L.C. v. Cohen, the plaintiffs allege that the act violates the First Amendment in several ways, including:
- Unconstitutionally discriminating against material based on content.
- Unconstitutionally discriminating against material based on viewpoint.
- Restricting more speech than necessary to serve the law's stated goals.
- Imposing an "unconstitutional prior restraint on distribution of material that is protected by the First Amendment."
- Failing to contain "adequate procedural safeguards" to guard against "undue inhibition of protected expression."
The government asserts the law is necessary to protect "the military's image of honor, professionalism and proper decorum."
This latest lawsuit marks the second time that the 1996 law has been challenged on First Amendment grounds.
In November 1997, a three-judge panel of the U.S. Court of Appeals for the 2nd Circuit
rejected, by a vote of 2-1, the First Amendment challenge of Penthouse publisher Bob Guccione. In General Media Comm. v. Cohen, the appeals court ruled 2-1 that the law was constitutional, writing that the law was a "reasonable means of promoting the government's legitimate interest in protecting the military's image and its core values."
The appeals court reversed an earlier January 1997 decision by Federal District Court Judge Shira Scheindlin who ruled the law unconstitutional, writing: "Society is better served by protecting our cherished right to free speech, even at the cost of tolerating speech that is outrageous, offensive and demeaning."
Last June, the U.S. Supreme Court refused to hear Guccione's appeal of the 2nd Circuit majority decision.
That precedent does not dissuade attorneys for the challengers, however. Peter Smalbach, one of the lead attorneys, said: "We think the 2nd Circuit's decision was wrong and, therefore, we are taking another shot at the law facially."
In First Amendment law, litigants may make two different types of challenges to laws: facial challenges, i.e., challenges to the law on its face, and as-applied challenges — challenges not to the explicit language of a law but to how it is being applied.
"We believe that we can successfully bring an as-applied challenge to this law in addition to a facial challenge," Smalbach says. "We are taking quite a different look at this statute."
Smalbach says that the act empowers a Resale Activities and Review Board to determine which publications are to be banned at military exchanges. The plaintiffs refer to this body as the "Censorship Board" in their lawsuit.
The lawsuit alleges that the activities of the "Censorship Board" violate the First Amendment in several ways, noting that:
- "The proceedings of the Censorship Board are secret."
- "The standard applied by the Censorship Board, if there is one, has not been articulated."
- "The burden of instituting judicial proceedings is on the plaintiffs, and no alternative proceedings are provided."
- "The prior restraint of protected expression and material is not for a specified period of time."
- "There are no procedures available for a judicial determination or a viable alternative thereto."
"The Censorship Board is acting in an unfair way by deciding what is and is not going to be made available to military personnel at military exchanges," Smalbach said. "There is no judicial review of what this board does."
A call placed to the Department of Justice was not returned prior to publication.


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The company who brought you what you need to vape all day, now brings you our All Day Vapes!
Strawberry Stratus beats all of the strawberry milk vapes right into the ground. How you ask? Strawberry Stratus delicately balances a blend of real strawberries and rich vanilla bean ice-cream to make one of the most delectable vapes on the market today. This is NOT your run of the mill strawberries-n-cream vape. Among staff & friends it is touted as preferred to strawberry milk e-liquids from other big name juice companies most of us are familiar with.
Store in a cool dry place. Shelf life is 12 months from date of manufacture
For disposal, contact your local waste management facility for proper protocol.
If spilled on skin, wash immediately. Nicotine is toxic, and may be absorbed though the skin.


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The 2013 class of defensive backs in Southern California was the best it has been in years, and the 2014 class appears to be following up with another crop of terrific talent. While the 2015 class hasn't quite come into focus, there's a good bet that, with Iman Marshall (Long Beach, Calif./Poly) leading the way, it's going to be another good one.
Pac-12 recruiting roundup
999dKevin Gemmell
Cameron Smith slows down process
999dBlair Angulo
Pylon Elite West Coast Regional notebook
999dErik McKinney
Meet No. 4 WR Christian Kirk
1002dErik McKinney
Winning the West means plenty in 2015
1003dErik McKinney
Jaylinn Hawkins working for Trojans offer
1003dBlair Angulo
Early Offer: Texas Tech springs surprise
1004dESPN.com staff
Meet USC QB commit Ricky Town
1004dErik McKinney
Trojans have QB, recruiter in Ricky Town
1004dBlair Angulo
Broadus changes location, not plans
1004dBlair Angulo
Highlights from the L.A. NFTC
1006dCraig Haubert
Notes: USC target Lucier-South zones in
1006dBlair Angulo
Early Offer: The unstoppable Irwin
1006dJeremy Crabtree
Four earn Opening invites at L.A. NFTC
1006dErik McKinney
USC prospects shine at L.A. NFTC
1007dGarry Paskwietz


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Mark Fletcher (a very nice guy by the way) and his Bloglines team are announcing several new enchancements to the Bloglines web-based news aggregator this afternoon and we've got a quick peek. Expect more on the AJ Blog (or is the Ask.com Blog?) shortly.
Keyboard Hotkeys
- New keyboard shortcuts (aka Hotkeys)
Don't like the mouse? Can you navigate more quickly (how about less scrolling?) with the keyboard? Then these might be of use. You'll find a link to what Hotkeys are available at the bottom of each feed. I've also posted a screen cap here.
- Colons Coming: Unread vs. Keep As New Note: When I tested this new feature it appeared not to be live yet. There's a difference between "Unread" articles and those marked "Keep as New" (subtle, but distinct), so you will now see two numbers next to your subscribed feeds in parentheses. The number to the left of the colon represents the articles you have not read/seen before, and the number on the right represents the articles you have manually kept new.
Mobile Bloglines
I've said before (including another mention today) how much I like Bloglines Mobile. So, what's new?
- Embedded Media Access to enclosure links in blog articles, allowing you to view images or listen to your favorite podcasts from your mobile device. I'm assuming you're going to need a mobile MP3 player like Pocket Tunes, Real, MS Player, etc.) to access podcasts. Regardless, great idea and a true time saver.
- You can now use the "Keep as New" option for articles you have previously read, allowing you to scroll through as many articles as you want and come back to them later.
The Universal Inbox Keeps Growing
- The Bloglines Universal Inbox initiative grew today with new types of information becoming available via the service. Today, accecss to horoscopes and winning lottery numbers (they might go well together (-;) were added. Other Universal Inbox data includes package tracking data and local weather info.
Postscript: The AJ Blog has been updated with news of these new features.
Related reading
Five most interesting search news stories of the week
Welcome to our weekly round-up of all the latest news and research from the world of search marketing and beyond.
Inclusive marketing: the need to remove binary data
Last week Metro Bank became the first financial institution to offer a gender neutral option for both its staff and customers.
How marketing will change when 5G and VR collide
5G networks are expected to start rolling out this coming year and will likely be standard in 2018.
Five most important search marketing news stories of the week
This week, both LinkedIn and Facebook are beefing up their paid social offerings in different ways, while Google seeks to cut off Adwords revenues for fake news sites. And might Google be favouring desktop over its own AMP in its upcoming mobile-first index?


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Henderson checked in at 154.4 pounds for his first title defense
against Edgar (154.6) in the UFC
150 headliner on Saturday at the Pepsi Center in Denver.
Guillard (*157.5) failed to make weight at Friday's gathering,
and has been fined 10 percent of his purse by the Colorado State
Boxing Commission. His opponent, Donald
Cerrone, registered a passing weight of 155.
A two-time NAIA All-American wrestler at Dana College in Nebraska,
Henderson will enter the cage on the strength of a four-fight
winning streak. Since entering the UFC as part of the
World Extreme Cagefighting merger, he has beaten Edgar,
Guida, Jim Miller
and Mark
Bocek. Henderson operates out of the
MMA Lab in Glendale, Ariz., where he trains under Royce Gracie
protégé John Crouch. The 28-year-old, who holds the rank of black
belt in tae kwon do and brown belt in Brazilian jiu-jitsu, has
secured more than half (10) of his 16 professional victories by
knockout, technical knockout or submission.
Edgar was a four-time NCAA qualifier at Clarion University of
Pennsylvania -- the same school that produced 1996 Olympic gold
medalist Kurt Angle. A five-time "Fight of the Night" winner, the
30-year-old New Jersey native has seen 11 of his 17 career bouts
reach the judges. Edgar, who trains with onetime middleweight King
of Pancrase
Almeida, remains one of only two men -- Georges St.
Pierre is the other -- to defeat former two-division UFC
champion B.J.
Penn twice.
UFC 150 "Henderson vs. Edgar 2" -- which airs live on pay-per-view
at 10 p.m. ET/7 p.m. PT -- also features a featherweight duel
pitting unbeaten "The Ultimate Fighter 15" alum Justin
Lawrence (145) against Max
Holloway (145) and a pair of middleweight matchups, as former
champion Jake Shields
(185) collides with Ed Herman (185)
and Yushin Okami
(185) squares off with Jackson's
Mixed Martial Arts representative Buddy
Roberts (184).
Two hours prior, the FX network will carry four preliminary bouts:
Bermudez (145) vs. Tommy
Hayden (144), Jared
Hamman (184) vs. Michael
Kuiper (185), Ken Stone
(135) vs. Erik Perez
(135) and Dustin
Pague (136) vs. Chico Camus
(135). The lone remaining matchup on the undercard will stream to
the UFC's Facebook page, as Nik Lentz
(145) downshifts to featherweight to meet Eiji
Mitsuoka (145).
Melvin Guillard failed to make weight at 157.5.
Bellator lightweight champion Michael Chandler was two months into his professional career when Benson Henderson won his first title. Still, he figured their paths would cross eventually anyway.Filed read news >>
On a quest for his third MMA promotional belt, follow Benson Henderson before he meets Michael Chandler for the Bellator lightweight belt. read news >>
As fight week ended and Benson Henderson made his final preparations for his Bellator 165 lightweight title bout with Michael Chandler, he quietly celebrated his 33rd birthday. If it's not an obvious read news >>
Benson Henderson was one of Bellator's biggest signings to date when he inked in early 2016, but his showings inside the cage have not lived up to expectations just yet. Henderson debuted in a welter read news >>
Lightweight champion Michael Chandler rebuffed Benson Henderson's second attempt at a Bellator belt on Saturday at the SAP Center in San Jose, Calif. read news >>
Bellator 165 takes place today, and you can join us for a live video stream and official results beginning at 7 p.m. ET (4 p.m. PT).Filed under: Bellator, Featured, News, Videos read news >>
Did Bellator lightweight champion Michael Chandler deserve the win over challenger Benson Henderson in Saturday's Bellator 165 headliner?Filed under: Bellator, Featured, Featured Videos, News, Videos read news >>
Here's a new promotional strategy for Bellator MMA: Clone Michael Chandler. If the smaller fight company ever means to build itself into anything besides an occasional distraction from the UFC, it co read news >>
Next month's UFC on FOX 22 lineup has its 13th matchup.Filed under: News, UFC read news >>
Thiago Alves' first attempt at fighting as a UFC lightweight didn't just end in a loss. He's now picked up an additional suspension.Filed under: News, UFC read news >>


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Minka Kelly Preps for 'Charlie's Angels' in Miami
Barbara DeFranco
| February 22, 2011 - 3:01 pm
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Check in from 14h / Check out prior to 11h
Inglewood Bed & Breakfast: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Inverkeithing, United Kingdom.
Inglewood Bed & Breakfast is set amongst Inverkeithing's well-known attractions and landmarks, just a short stroll from Inverkeithing Railway Station. It also features highchairs, babysitting/child services and a playground.
Hotel description
Rooms at Inglewood Bed & Breakfast are well-equipped and feature a DVD player. Hot drinks can be made with the provided tea and coffee supplies.
Inglewood Bed & Breakfast Inverkeithing provides breakfast each morning, and has a bar where guests can unwind with a drink. Each evening, guests can relax in the lounge bar.
Inglewood Bed & Breakfast is within a 20-minute car ride of Edinburgh Airport and Edinburgh Zoo. It also provides a convenient location to explore Rosyth and Edinburgh.
Hotel features
Restaurant, Bar / Lounge, Non-Smoking Rooms, Coffee / Tea Maker, Hair Dryer, TV, DVD Player, Highchairs
Babysitting / Child Services, Designated Smoking Area
Garden, Playground
Internet Connection (wireless)
Availability and Prices
Booking Site
Room Type
Per room
Per night
Per night
Users who viewed Inglewood Bed & Breakfast also viewed these 3 stars Inverkeithing hotels:
Search hotels
based on
62 reviews
Nearest hotels
- Boreland Lodge Hotel
84 m
- The Roods B&B Inverkeithing
291 m
1.4 km


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Hotels in Czchowice
Hotel reservation
Hotel rooms in Czchowice
There are not so many hotel rooms in Czchowice, just 9, still everyone can find an offer to suit his choice. The most common offers in this city are 3 и 4 stars, they count 2 out of 9, and their prevalent location is central district. According to our practice, it is the most profitable to book a hotel in the east of Czchowice, as it is the location of the hotels with optimal cost and quality offers along with the cheap hotels. Taking into account the small size of the city, there is no need to dwell hotel reservation on the location: the road to the city center would take less then half an hour, so one can book a hotel in any district of Czchowice. The most populated with hotels district of Czchowice is the center, 44% of cheap hotel rooms are concentrated here. However, even those who want to live in the north can choose from 2 variants of hotel rooms. Czchowice is an ideal place for couple and solo, such travellers rate hotels there 8.6 out of 10 on average. Apart from all these, hotels in Czchowice offer their customers pets allowed, restaurant/cafe, 24 hours front desk service and parking. The most appreciated amenities in Czchowice hotels are comfort and location. According to the visitors reviews, hotels in Czchowice has great room, great location and tasty breakfast. Take a look at our selection of the cheap hotel rooms in Czchowice to make a well-informed choice for your reservation!
Czchowice cheap hotels
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All cheap hotels in Czchowice
hotel collections
Czchowice hotels with restaurants
average rating
Do you like to eat? We, too :) So we collected hotels Czchowice with a restaurant in the same place.
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Pets-friendly hotels in Czchowice
average rating
"We are responsible for those who tamed" - said Antoine de Saint-Exupery.
Show hotels
All hotel collections in Czchowice
Best hotels in Czchowice
Hotels in Czchowice are spread around the city within the distance of 4.8 kilometers, while 4 hotels are located directly in the city center. Those who are keen on antique should definitely fall in love with
, the oldest hotel of Czchowice, constructed in 2011. This hotel is located 2.1 km away from the city center. The most popular accommodations in Czchowice is
, 2 stars hotel located in a 2.1 kilometers from the city center.
The best hotels are here and now. Try them!
All cities in Poland


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Special Olympics Torch in Saratoga Springs
According to saratogian.com, the Special Olympics torch passed through Saratoga Springs on Monday.
According to saratogian.com, the Special Olympics torch passed through Saratoga Springs on Monday.
We kick off this week with Danielle Harris having a scream-a-licious good time because there is zero wrong with hot chicks who scream ;-) in movies or on stage, right? See, Danielle, she's been hammering the competition in this little poll we call 'Pump or Dump'.
Don't look down, or perhaps we should say look up! All day Friday 100 participants will be rappelling 18 stories to the ground off Hotel Albany in Downtown Albany to benefit Special Olympics. One of the participates that will be going 'Over The Edge' is one of our very own Q-Tease Stephanie. Help support Stephanie in raising money for Special Olympics.
If you see people repelling down the Crowne Plaza building in downtown Albany it's all for a good cause – "Over The Edge" and it all benefits Special Olympics New York. If heights aren't your thing there are ways you can participate by sponsoring one of the repelling participants. Check out all the information after the jump including some people on our team here at Townsquare Media in Albany who are repelling.


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Rapivab® (peramivir injection)
Rapivab is indicated for the treatment of acute uncomplicated influenza in patients 18 years and older who have been symptomatic for no more than 2 days.
- Efficacy of Rapivab was based on clinical trials in which the predominant influenza virus type was influenza A; a limited number of subjects infected with influenza B virus were enrolled.
- Influenza viruses change over time. Emergence of resistance substitutions could decrease drug effectiveness. Other factors (for example, changes in viral virulence) might also diminish clinical benefit of antiviral drugs. Prescribers should consider available information on influenza drug susceptibility patterns and treatment effects when deciding whether to use Rapivab.
- Efficacy could not be established in patients with serious influenza requiring hospitalization.
Warnings and Precautions
Rare cases of serious skin reactions, including Stevens-Johnson syndrome and erythema multiforme have occurred with Rapivab. Appropriate treatment should be instituted if a serious skin reaction occurs or is suspected.
Patients with influenza may be at an increased risk of hallucinations, delirium and abnormal behavior early in their illness. There have been post-marketing reports (from Japan) of delirium and abnormal behavior leading to injury in patients with influenza who were receiving neuraminidase inhibitors, including Rapivab. Because these events were reported voluntarily during clinical practice, estimates of frequency cannot be made, but they appear to be uncommon. Patients with influenza should be closely monitored for signs of abnormal behavior.
Serious bacterial infections may begin with influenza-like symptoms or may coexist with or occur as complications during the course of influenza. Rapivab has not been shown to prevent such complications.
Adverse Reactions
The most common adverse reaction (incidence >2%) is diarrhea (8% Rapivab vs. 7% placebo).
Lab abnormalities (incidence >2%) occurring more commonly than placebo were elevated ALT 2.5 times the upper limit of normal (3% vs. 2%), elevated serum glucose greater than 160 mg/dL (5% vs 3%), elevated CPK more than 6 times the upper limit of normal (4% vs. 2%) and neutrophils less than 1.0 x 10^9/L (8% vs. 6%).
Concurrent use with Live Attenuated Influenza Vaccine
Antiviral drugs may inhibit viral replication of a live attenuated influenza vaccine (LAIV). The concurrent use of Rapivab with LAIV intranasal has not been evaluated. Because of the potential for interference between these two products, avoid use of LAIV within 2 weeks before or 48 hours after administration of Rapivab unless medically indicated.


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Photo: Hector Sanchez; Styling: Buffy Hargett Miller
We love this bright, minty soup because it adds a pop of spring color to the buffet. Make it up to 48 hours ahead of time.
Makes 1 1/2 qt.
1. Melt butter in a large saucepan over medium-low heat. Add leeks, and cook, stirring occasionally, 6 to 8 minutes or until tender. Stir in chicken broth, and increase heat to high. Bring to a boil. Add peas, and cook, stirring occasionally, 3 minutes or until peas are tender. Remove from heat, and stir in mint, salt, and pepper.
2. Process pea mixture, in batches, in a blender or food processor until smooth. Transfer mixture to a bowl, and whisk in 1/2 cup sour cream. Season with salt and pepper, and pour into 2-oz. glasses. Chill 30 minutes to 1 hour. Whisk together lemon juice and remaining sour cream, and dollop on each serving.


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Description: The newly released enzyme has turned the cowards and weaklings of society into warriors to be feared. The robot invasion is coming and without the help from these new heroes, all would be lost!
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Federal funds flowed to town while Palin mayor
ST. PAUL, Minn. – Alaska Gov. Sarah Palin employed a lobbying firm to secure almost $27 million in federal earmarks for a town of 6,700 residents while she was its mayor, according to an analysis by an independent government watchdog.
There was $500,000 for a youth shelter, another $1.9 million for a transportation hub, $900,000 for sewer repairs, and $15 million for a rail project – all intended to benefit Palin's town, Wasilla, about 45 miles north of Anchorage.
In introducing Palin as his running mate on Friday, Sen. John McCain cast her as a compatriot in his battle against wasteful federal spending. McCain, the presumptive Republican nominee, hailed Palin as a politician "with an outstanding reputation for standing up to special interests and entrenched bureaucracies – someone who has fought against corruption and the failed policies of the past, someone who's stopped government from wasting taxpayers' money."
McCain's crusade against earmarks – federal spending sought by members of Congress to benefit specific projects – has been a hallmark of his campaign. He has said earmarks are wasteful and are often inserted into bills with little oversight, sometimes by a single powerful member of Congress.
Palin has also railed against earmarks, touting her opposition to a $223 million bridge in a remote corner of the state as a prime credential for the vice presidential nomination.
In her years as mayor of Wasilla, however, Palin oversaw the hiring of Robertson, Monagle & Eastaugh, an Anchorage-based law firm with close ties to Alaska's most senior Republicans: Rep. Don Young and Sen. Ted Stevens. The Wasilla account was handled by the former chief of staff to Stevens, Steven Silver, who is a partner in the firm.
Palin was elected mayor of Wasilla in 1996 on a campaign theme of "A time for change." According to a review of congressional spending by Taxpayers for Common Sense, a nonpartisan watchdog group in Washington, Wasilla did not get any federal earmarks in the first few years of Palin's tenure.
U.S. Senate records show Silver's firm began working for Palin in early 2000. Federal funds began flowing shortly thereafter.
In fiscal year 2000, Wasilla received a $1 million earmark, tucked into a transportation appropriations bill, for a rail-and-bus project in the town. And in the winter of 2000, Palin traveled to Capitol Hill to appear before the House and Senate appropriations committees to seek earmarks, according to a report in the Anchorage Daily News.
Palin and the Wasilla City Council increased Silver's fee from $24,000 to $36,000 a year by 2001, according to Senate records.
Soon after, the city benefited from additional earmarks: $500,000 for a mental health center, $500,000 for the purchase of federal lands and $450,000 to rehabilitate an agricultural processing facility. Then there was the $15 million rail project, intended to connect Wasilla with town of Girdwood, where Stevens has a home.
The Washington trip is now an annual affair for Wasilla officials.
In fiscal year 2002, Wasilla took in $6.1 million in earmarks – about $1,000 in federal funds for every resident. By contrast, Boise – which has more than 190,000 residents – received $6.9 million in earmarks in fiscal year 2008.
All told, Wasilla benefited from $26.9 million in earmarks in Palin's final four years in office.


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June 29, 2009
UNITED STATES OF AMERICAv.IRWIN CRUTCHFIELD
Presently before the Court is Defendant Irwin Crutchfield's Motion to Suppress Physical Evidence. (Doc. No. 8.) For the following reasons, the Motion will be denied.
On December 16, 2008, the grand jury returned a three-count indictment charging Irwin Crutchfield ("Defendant") with various drug and firearm offenses. (See Doc. No. 1.) The indictment charged Defendant with possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1);possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(c); and possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1).
On December 12, 2006, Defendant was released on parole from a Pennsylvania state prison. (Suppression Hr'g Tr. 9, June 24, 2009.) Conditions of Defendant's parole included that Defendant continue to reside at 319 Harding Boulevard in Norristown, Pennsylvania, and that Defendant obtain prior written permission from the Pennsylvania Board of Probation & Parole before moving from that address. (Id. at 10; see also id., Gov't Ex. G-1.) Defendant agreed that parole agents could conduct warrantless searches of his residence:
I hereby agree that . . . I expressly consent to the search of my person, property and residence, without a warrant by agents of the Pennsylvania Board of Probation and Parole. (Suppression Hr'g Tr., June 24, 2009, Gov't Ex. G-1.) Defendant did not limit his express consent to search of his "approved residence" at 319 Harding Boulevard. Rather, Defendant agreed that parole agents could conduct a warrantless search of his "residence," without limitation.
In mid-June of 2007, parole agents received information from two anonymous female sources that Defendant was living with his girlfriend, Terri Lee Jackson ("Jackson"), at 524 E. Basin Street in Norristown rather than at Defendant's approved address, 319 Harding Boulevard. (Suppression Hr'g Tr. 12, June 24, 2009.) The women also reported that Defendant was selling narcotics from the Clubhouse bar in Norristown and from the residence at 524 E. Basin Street. (Id.) The women told the parole agents that Defendant was driving a black SUV, a Kawasaki or a Suzuki motorcycle, and a maroon Buick with chrome rims. (Id. at 13.)
Parole agents followed up on the anonymous report. (Id.) On June 28, 2007, parole agent Harry Gaab ("Agent Gaab") and another agent drove by the Clubhouse bar in a government vehicle and saw Defendant outside leaning against a railing. (Id. at 15.) Agent Gaab made eye contact with Defendant, who "appeared startled and almost scared" and who continued to watch the parole agents in the vehicle. (Id. at 15-16.) In July 2007, Agent Gaab learned that Defendant had been involved in a motorcycle accident. (Id. at 16.) Defendant's involvement in the motorcycle accident was consistent with the information from the anonymous sources that Defendant had a motorcycle.
In August 2007, Defendant was incarcerated on charges that were later withdrawn. (Id. at 19.) Terri Jackson called Agent Gaab to inquire about when Defendant was to be released from prison. (Id.) Jackson, who lives at 524 E. Basin Street, asked Agent Gaab when Defendant "was going to come home." (Id.) Defendant was released from prison on or around September 5, 2007. (Id.) At the end of September 2007, Agent Gaab saw Defendant driving a black Ford Expedition SUV, consistent with the description given by the anonymous sources. (Id. at 20.)
On November 2, 2007, Agent Gaab went to the Clubhouse bar with other parole agents intending to search Defendant for contraband, believing that he had corroborated the information from the anonymous sources. (Id. at 20-22.) When Defendant saw the parole agents, he ran. (Id. at 22.) When parole agents ultimately located Defendant that night he had $1,562 in cash on his person. An operational cell phone, which Defendant was prohibited from having under the terms of his parole, was ten feet away. (Id. at 23.) Agent Gaab also searched Defendant's car and found a love letter from Jackson describing an intimate encounter that had occurred at 4:00 in the morning and stating that she would see Defendant when he got home.*fn1 (Id. at 24-25.) The letter supported the fact that Defendant was residing with Jackson at 524 E. Basin Street, as the sources had reported. (Id. at 25.)
On January 24, 2008, Defendant went to Agent Gaab's office and delivered parole paperwork. (Id. at 26.) Agent Gaab followed Defendant after he left. (Id.) Defendant was driving the black Ford Expedition SUV. (Id.) Agent Gaab saw Defendant drive the SUV to 524 E. Basin Street, back the SUV into the driveway to park, retrieve keys from his pocket, and enter the front door of the residence at 524 E. Basin Street using the keys. (Id.) Agent Gaab knew from his training and experience that "it's common from people who don't want their vehicles to be identified to hide the license tag, which Pennsylvania tags are always in the rear. So all they have to do is back up to a wall, back up to a garage so you can't see the license tag from the street." (Id. at 26-27.) The next morning, Agent Gaab drove by 524 E. Basin Street and saw that Defendant's SUV was parked in the same spot. (Id. at 27.) Agent Gaab also drove by Defendant's place of employment and saw that Defendant's maroon Buick had been replaced with a gold Buick Park Avenue with expensive tires and chrome rims. (Id.) Defendant did not notify the parole officers about the change in vehicle, which the terms of parole required. (Id.)
In February, 2008, Agent Gaab confirmed with an official at the United States Postal Inspection Service that Defendant was receiving mail at 524 E. Basin Street. (Id. at 28.) On March 10, 2008, Agent Gaab made an unscheduled visit to 319 Harding Boulevard, Defendant's approved address. The individual who answered the door told Agent Gaab that Defendant did not live there. (Id. at 29-30.) The individual told Agent Gaab that Defendant lived on Basin Street. (Id. at 30.) Agent Gaab was familiar with the location of Defendant's bedroom at the Harding Street address and he entered the residence and went to Defendant's bedroom. Agent Gaab saw no male clothing, shoes, mail, alarm clock, keys, personal hygiene items, or dirty clothes in Defendant's bedroom. (Id. at 31-32.) Agent Gaab spoke to Defendant after returning to the office, and Defendant told him that he was living at 319 Harding Boulevard. (Id. at 32.)
On March 19, 2008, Agent Gaab saw Defendant enter 524 E. Basin Street using keys from his pocket. (Id. at 33.) On April 7, 2008, Agent Gaab saw Defendant's black Ford Expedition SUV parked in a backed-in position at 524 E. Basin Street between 7:00 or 7:30 in the morning. (Id. at 34.) Agent Gaab returned to 524 E. Basin Street that evening and saw Defendant again take keys from his pocket and enter the residence. (Id. at 35.) Two days later, on April 9, 2008, Agent Gaab again saw Defendant entering the residence at 524 E. Basin Street. (Id. at 37.) At this point, Agent Gaab decided that it was time to conduct a search of the residence where he suspected Defendant was living. (Id. at 38.)
On April 11, 2008, Defendant reported to the parole office at Agent Gaab's request. (Id. at 40.) Defendant was taken into custody. Defendant was found with keys and $889 in cash on his person and three operational cell phones in his vehicle. (Id. at 40-41.) Defendant's job paid $15 per hour. (Id. at 41.) Agent Gaab then traveled to 524 E. Basin Street to execute a search warrant that he had obtained from a District Justice. (Id.) Agent Gaab knocked on the front door for approximately two minutes and announced, "State Parole, is anybody home?"*fn2 (Id. at 41-42.) Agent Gaab used the keys taken from Defendant to open the door of 524 E. Basin Street. (Id. at 42.) Agent Gaab again announced, after partially opening the door, "State Parole, is anyone home?" (Id.) The agents entered the house and encountered Jackson inside with an infant. (Id. at 42-43.)
During the search of 524 E. Basin Street, parole agents found male clothing in Defendant's size in a closet half of which was devoted to male clothing. (Id. at 43.) Agent Gaab recognized some of the clothing as belonging to Defendant. (Id.) In addition, Agents found mail with Defendant's name on it, Defendant's driver's license and commercial driver's license, a motorcycle, and a box of paperwork listing Defendant's name. (Id. at 43-44.) Parole agents also found suspected contraband at 524 E. Basin Street. (Id.) Inside the box containing Defendant's paperwork, parole agents found "apple baggies" that Agent Gaab recognized from his experience as a trademark bag for distributing cocaine and marijuana. (Id. at 44.) Inside a nylon bag used to store motorcycle helmets, parole agents found what appeared to be powder cocaine. (Id. at 45.) Parole agents found additional cocaine-like substances in a motorcycle jacket. (Id. at 46.) Finally, parole agents found a handgun, a box of ammunition, and a digital scale inside of a locked toolbox that parole agents used Defendants keys to open. (Id. at 48-49.) Upon discovery of the suspected contraband, Agent Gaab contacted the Norristown Police Department and the Montgomery County Detective Bureau, who later obtained a second search warrant for 524 Basin Street which they executed. (Id. at 47-49.)
Defendant seeks suppression of the physical evidence that the parol officers found during the April 11, 2008 search of the residence at 524 Basin Street. Defendant also seeks suppression of physical evidence found later in the day as a result of the execution of the second search warrant. Defendant argues that the searches violated the Fourth Amendment of the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution and the Pennsylvania Rules of Criminal Procedure. (Doc. No. 8 ¶ 9.) Defendant contends that (1) the parole agents lacked legal authority to obtain the initial search warrant; (2) the initial search warrant lacked probable cause; and (3) the parole agents violated the knock-and-announce rule. (Doc. No. 8 ¶ 9.) Defendant argues that items seized as a result of the second search warrant should be suppressed as fruit of the poisonous tree. The Government maintains that the parole agents did not need the search warrant to search 524 E. Basin Street. (See Suppression Hr'g Tr. 103, June 24, 2009.) According to the Government, parole agents had the right to search 524 E. Basin Street since they had reasonable suspicion to believe that Defendant was living there and in violation of his parole. (Id. at 104.)
Courts have consistently held that parole is a privilege -- not a right -- and that the government must maintain a supervisory role over the parolees or other similarly-situated individuals to ensure the safety of the community. See Griffin v. Wisconsin, 483 U.S. 868, 874-75 (1987); Morrissey v. Brewer, 408 U.S. 471, 480 (1972). Conditions are imposed on the parolee to ensure not only that the parolee is in fact engaged in a fruitful rehabilitative process but also to protect the safety of the community. See Morrissey, 408 U.S. at 483 ("Release of the parolee before the end of his prison sentence is made with the recognition that with many prisoners there is a risk that they will not be able to live in society without committing additional antisocial acts."). "[I]t must be remembered that the very assumption of the institution of [parole] is that the [parolee] is more likely than the ordinary citizen to violate the law." United States v. Knights, 534 U.S. 112, 120 (2001) (quoting Griffin, 483 U.S. at 880). Thus, the parole agency is permitted to act based upon a lesser degree of certainty than the Fourth Amendment would otherwise require in order to intervene before a parolee does damage to himself or society. The agency "must be able to proceed on the basis of its entire experience with the [parolee] and to assess probabilities in the light of its knowledge of his life, character, and circumstances." Griffin, 483 U.S. at 879.
Given the unique needs of the parole system, "the Fourth Amendment neither requires a warrant nor probable cause before a parole agent may search a parolee, his property, or his residence." United States v. Miller, No. 04-0636, 2005 WL 758246, at *2 (E.D. Pa. Apr. 1, 2005), aff'd, 267 Fed. App'x 152 (3d Cir. 2008). Indeed, parole officers may conduct warrantless searches of parolees and their residences based on "no more than reasonable suspicion" of parole violations. United States v. Baker, 221 F.3d 438, 444 (3d Cir. 2000); see also id. at 443-44 ("Under normal circumstances, the Fourth Amendment requires government officials to have both probable cause and a warrant to conduct a search. In the case of parolees, however, the requisite level of suspicion is reduced and a warrant is not required."). When parole officers have reason to believe that a parolee may have violated parole, they are "duty-bound to investigate," including searching the parolee's residence when there is reasonable suspicion that such a search may turn up evidence of noncompliance with the conditions of parole. United States v. Hill, 967 F.2d 902, 910 (3d Cir. 1992).
"Reasonable suspicion" is determined from the totality of circumstances. United States v. Arvizu, 534 U.S. 266, 273 (2002). "This process allows officers to draw on their own experience and specialized training to make inferences from and deductions about the cumulative information available to them that 'might well elude an untrained person.'" Id. (quoting United States v. Cortez, 449 U.S. 411, 418 (1981)). "[T]he likelihood of criminal activity need not rise to the level required for probable cause, and it falls considerably short of satisfying a preponderance of the evidence standard." Arvizu, 534 U.S. at 274 (citing United States v. Sokolow, 490 U.S. 1, 7 (1989)). In addition, "[t]he fundamental task of any Fourth Amendment analysis is assessing the reasonableness of the government search." United States v. Sczubelek, 402 F.3d 175, 182 (3d Cir. 2005) (quoting Knights, 534 U.S. at 118). If a search is reasonable, no constitutional problem exists because the Fourth Amendment only protects individuals from unreasonable searches and seizures. Skinner v. Railway Labor Executives' Ass'n, 489 U.S. 602, 619 (1989). In determining whether a search was reasonable, the Court must weigh all of the circumstances surrounding the search or seizure and the nature of the search or seizure itself. See id. The Court must balance "on the one hand, the degree to which [the search] intrudes upon an individual's privacy and, on the other hand, the degree to which [the search] is needed for the promotion of legitimate governmental interests." Knights, 534 U.S. at 119.
This case turns on the legality of Agent Gaab's search of Defendant's "unapproved residence" at 524 E. Basin Street. We conclude that the search was lawful since Agent Gaab had reasonable suspicion (1) that Defendant was violating the terms of his parole by living at an unapproved residence; and (2) that Defendant was living at 524 E. Basin Street. The evidence that Defendant was living at 524 E. Basin Street is overwhelming. On at least three occasions, Agent Gaab saw Defendant take keys from his pocket and enter the house at 524 E. Basin Street. The U.S. Postal Inspector told Agent Gaab that Defendant was receiving mail there. The individual who answered the door at 319 Harding Boulevard -- Defendant's approved residence -- told Agent Gaab that Defendant lived on Basin Street. The anonymous sources who provided corroborated information told Agent Gaab that Defendant lived on Basin Street. The love letter that Agent Gaab discovered from Jackson referenced Defendant's presence at "home" and an intimate encounter that took place there at 4:00 in the morning. Agent Gaab searched Defendant's bedroom at the approved residence at 319 Harding Boulevard and found no male clothing, no hygiene items of any kind, no alarm clock, and no sign of Defendant. Agent Gaab repeatedly observed Defendant's SUV parked at 524 Basin Street over the course of many months, including at 7:00 in the morning. (See Doc. No. 10 at 2-3.) The SUV was often backed-in the driveway, concealing the license plate. Defendant recognizes the overwhelming nature of evidence of reasonable suspicion. At the suppression hearing, Defendant conceded that a reasonable fact-finder could conclude that the evidence amounted to reasonable suspicion:
THE COURT: [A]re you conceding that your client was living on Basin Street in violation of the terms and conditions of his parole?
DEFENSE COUNSEL: No, I'm not, but I'm conceding that there is sufficient evidence that a fact finder can conclude that possibly reasonable suspicion exists to make that conclusion. I don't want to bind myself for any trial argument I might make, but for purposes of the hearing, I understand where the Court can conclude that it's more likely than not he was living on Basin Street than -- as opposed to Harding. I understand that with regard to what could happen. (Suppression Hr'g Tr. 98.) Moreover, in his Memorandum of Law in Support of Defendant's Motion to Suppress Evidence, Defendant stated "Clearly, the agent possessed a reasonable suspicion that Defendant was residing on East Basin Street with Terri Jackson." (Def.'s Mem. of Law at 5.) Since Agent Gaab had reasonable suspicion that Defendant was residing at 524 E. Basin Street and since 524 E. Basin Street was not an approved residence under the conditions of Defendant's parole, Defendant would be in violation of his parole by residing there.
Agent Gaab did not violate any of Defendant's rights by conducting a warrantless search of 524 E. Basin Street. Parole officers may conduct warrantless searches of parolees and their residences based on "no more than reasonable suspicion" of parole violations. Baker, 221 F.3d at 444. The warrantless search of 524 E. Basin Street was not illegal and did not violate Defendant's Fourth Amendment rights.
Defendant relies on Pennsylvania v. Edwards, 874 A.2d 1192 (Pa. Super. Ct. 2005), for the proposition that "a parole agent is forbidden from entering an 'unapproved' residence based upon the reasonable suspicion standard unless consent is obtained orally or in writing from a person authorized to consent to search of the 'unapproved' residence." (Def.'s Mem. of Law at 8.) In Edwards, police received an unverified tip that the defendant, a parolee, was residing at an unapproved address and selling drugs from that location. See Edwards, 874 A.2d at 1196. When the agents drove by the unapproved address, they saw the defendant in front of the residence and they also noticed a contractor working on the front door. Id. at 1194. The defendant told the agents that the house was owned by a friend who had given him a key and that he was there only to let the contractor inside. Id. The contractor corroborated that the defendant had indeed unlocked the door for him that day. Id. The agents then noticed a pager sitting inside the front door. Id. Because possession of a pager was a violation of the defendant's parole conditions, the agents entered the house and observed mail addressed to the defendant on a coffee table. Id. The agents searched the house without a warrant or consent and found contraband and several personal items tying the defendant to the residence. Id. As a result, the defendant was charged with various drug offenses. Id. The Pennsylvania Superior Court affirmed the trial court's suppression of the evidence seized during the search, reasoning that the parole agent's belief that the defendant was residing at the unapproved residence "was not supported . . . by reasonable suspicion but instead was merely speculation." Id. at 1197. The court noted that the tip the agents had received was unverified; there was a "vouched-for explanation" for the defendant's presence at the residence; and the pager could not be linked to the defendant (and might have belonged to the contractor). Id. at 1196-97.
The evidence in this case is nothing like the speculative evidence in Edwards. Agent Gaab had extensive corroborated evidence, including first-hand observations, that Defendant made 524 E. Basin Street his residence as outlined above. Agent Gaab's belief that Defendant resided there was not speculation. Simply put, this is not a case where the parole agents lacked reasonable suspicion of a parole violation before conducting a warrantless search. See, e.g., United States v. Tirado, 133 Fed. App'x 13, 18 (3d Cir. 2005) (unpublished opinion) (affirming denial of suppression motion since probation officer had reasonable suspicion to search the defendant's residence; informant was reliable and had first-hand knowledge); Manuel, 2007 WL 2601079, at *4 (denying motion to suppress evidence seized at the defendant's "unapproved" address since probation officer had reasonable suspicion that the defendant was residing there).
This Motion can therefore be decided without reaching the question of whether Agent Gaab executed a valid search warrant.*fn3 Nevertheless, we note that Defendant and Jackson each had a reasonable expectation of privacy in 524 E. Basin Street by virtue of living there together. At the very least, Defendant was a frequent overnight guest who had keys to the house. See Minnesota v. Olson, 495 U.S. 91, 96-97 (1990) (concluding that respondent's "status as an overnight guest is alone enough to show that he had an expectation of privacy in the home that society is prepared to recognize as reasonable"); Minnesota v. Carter, 525 U.S. 83, 90 (1998) (finding that respondents who were not overnight guests but were "present for a business transaction and were only in the home a matter of hours" had no legitimate expectation of privacy in the dwelling). Unlike Defendant, however, Jackson was not a parolee whose residence could be searched based on "reasonable suspicion." Parole agents appropriately obtained a warrant to search the house to protect Jackson's Fourth Amendment rights. See Welsh v. Wisconsin, 466 U.S. 740, 748 (1984) ("It is axiomatic that the 'physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed.'"). Whether this search warrant was valid could certainly affect Jackson's ability to suppress evidence that was seized from the house, but Jackson is not on trial. She is not charged with any crimes. Only Defendant faces the criminal charges. Since a search warrant was not required to search Defendant's residence, Defendant cannot challenge the fruits of the search on grounds that the search warrant was defective. See United States v. Baker, 221 F.3d 438, 441 (3d Cir. 2000) ("Fourth Amendment rights are personal rights, which, like some other constitutional rights, may not be vicariously asserted." (quoting Rakas v. Illinois, 439 U.S. 128, 143 (1978)).
Defendant argues that the search warrant was a ruse to "get in there to see whether [Defendant] had drugs or guns." (Suppression Hr'g Tr. 102, June 24, 2009.) We interpret Defendant's argument to mean that the evidence seized at 524 E. Basin Street should be suppressed under a "stalking-horse" theory. A probation officer "acts as a stalking horse if he conducts a probation search on prior request of and in concert with law enforcement officers." United States v. Williams, 417 F.3d 373, 377 (3d Cir. 2005). Under this theory, such a parole search would be invalid because it is "nothing more than a ruse for a police investigation." Id. (internal quotation omitted). However, the Supreme Court has held that "ordinary Fourth Amendment analysis dictates the propriety of a search," Williams, 417 F.3d at 378, and "there is no basis for examining official purpose," United States v. Knights, 534 U.S. 112, 122 (2001)); see also United States v. Barnard, No. 06-0073, 2008 WL 331424, at *4 n.5 (D. Del. Feb. 6, 2008) (noting that the Third Circuit has "squarely rejected" the argument that an administrative search was a "ruse" to enable agents to end-run the Fourth Amendment); United States v. Little, No. 06-0644, 2007 WL 1853975, at *5 (E.D. Pa. June 26, 2007) (noting that the Third Circuit "has never accepted the stalking horse theory and has questioned whether it remains valid in light of [Knights]") (citations omitted). We will not examine the actual purpose of Agent Gaab in conducting the search of Defendant's residence at 524 E. Basin Street. The search was supported by reasonable suspicion of a parole violation. Agent Gaab initiated the search in the performance of his duties as a parole officer. There is no evidence of any agreement between the parole officers and police. The search was therefore legal. See, e.g., Lowery v. United States, No. 08-3571, 2009 WL 883312, at *3 (E.D. Pa. Mar. 25, 2009) (finding no Fourth Amendment violation where "the search of the residence and subsequent seizure of the firearm occurred pursuant to reasonable suspicion, as required by the parole consent agreement, and the presence of the police officers in addition to the parole officers was lawful").
Finally, we note that there is no basis in law or fact for Defendant's argument that there was a knock-and-announce violation. Agent Gaab testified credibly that he knocked and announced his presence for two or three minutes before entering the house. Agent Gaab's testimony is not controverted by the neighbor who observed the entry from her car across the street. The neighbor testified that the agents waited outside the door for two or three minutes, consistent with Agent Gaab's recollection. The neighbor further testified that, "I didn't hear any yelling, . . . and I cannot say that they were knocking." (Suppression Hr'g Tr. 93, June 24, 2009.) The neighbor's testimony is somewhat equivocal: she was across the street twenty-five feet away inside of her vehicle where she heard no noise and "cannot say" that the parole agents were knocking. Of course, even if there were a basis in fact for a knock-and-announce violation, it would not trigger the exclusionary remedy that Defendant now seeks. See Hudson v. Michigan, 547 U.S. 586 (2006) (holding that violation of knock-and-announce rule did not require the suppression of all evidence found in the search); United States v. Briggs, No. 06-0715, 2008 WL 1745661, at *11 (E.D. Pa. Apr. 14, 2008) (noting that post-Hudson, "even if there was a violation of the knock-and-announce rule, suppression of the physical evidence seized from defendant's apartment still would not be warranted").
Accordingly, Defendant's Motion will be denied.
An appropriate Order will follow.
R. Barclay Surrick, J.
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Hughes Will 'Nail' Squad If They Step Out Of Line
By Francesca Markey
Updated Thursday, 5th August 2010
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Mark Hughes could be mistaken for a shrinking violet off the pitch due to his quiet nature, however he has warned his new squad that he'll 'nail' them if they they step out of line.
Hughes said, 'It's a case of when I am irritated, people understand I am not happy with things. I can get that across. You don't stay as a manager for 10 years unless you have the ability to nail people if you want to.'
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