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761 F. 2d 292 - United States v. Savoca
761 F2d 292 United States v. Savoca
UNITED STATES of America, Plaintiff-Appellee,
Thomas James SAVOCA, Defendant-Appellant.
Argued May 1, 1984.
Submitted Nov. 29, 1984.
Decided May 3, 1985.
Carl H. Miller, argued, Painesville, Ohio, for defendant-appellant.
J. Matthew Cain, argued, Asst. U.S. Atty., Randolph Baxter, Cleveland, Ohio, for plaintiff-appellee.
Before JONES and CONTIE, Circuit Judges, and PECK, Senior Circuit Judge.
CONTIE, Circuit Judge.
We have granted the government's petition for rehearing in this case. Our previous opinion, reported at 739 F.2d 220 (6th Cir.1984), reversed the conviction of Thomas Savoca because evidence introduced against him was obtained by means of a search warrant not supported by probable cause. The government's petition for rehearing raises three issues. The first is whether this evidence should be suppressed in light of United States v. Leon, --- U.S. ----, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), and its companion case, Massachusetts v. Sheppard, --- U.S. ----, 104 S.Ct. 3424, 82 L.Ed.2d 737 (1984). We conclude that this case falls within the good faith exception to the exclusionary rule1 established in Leon. Insofar as our prior opinion ruled that the district court erred in not suppressing the evidence and ordered the reversal of Savoca's conviction, it is vacated by this opinion.2 Since we find merit in the first ground advanced in the petition for rehearing, we do not address the government's other arguments.
The underlying facts in this case may be found in our previous opinion. See 739 F.2d at 222-23. We summarized the affidavit in support of the search warrant as follows:
The affidavit, when read in a common sense and realistic fashion, indicated that (1) FBI agents in Phoenix had just arrested Thomas Savoca and James Carey pursuant to federal arrest warrants for a bank robbery which took place in Austinburg, Ohio at an unspecified prior date, (2) the two suspects had been seen in Room 135 on two prior occasions, and (3) the two suspects were allegedly responsible for several other bank robberies in northeast Ohio and northwest Pennsylvania.
See id. at 225.3 Thus, the affidavit "established only that two persons known to have been involved in several bank robberies were observed on the same premises." Id. We held that United States v. Hatcher, 473 F.2d 321 (6th Cir.1973), a case involving a similarly terse affidavit, "controls the outcome of this case." See 739 F.2d at 225. The generally permissible inference that bank robbers tend to conceal evidence of their crimes in "places both accessible and private," see id. at 226, could not be used to support a determination of probable cause in this case for two reasons. First, the affidavit revealed that the crimes occurred "over 2,000 miles from the motel room." Id. Second, and "[m]ore importantly, the affidavit did not specify the amount of time that had passed" since the crimes. Id. The state court judge who issued the warrant could not know from what was presented to him in the affidavit whether the crimes occurred "several months ago or several years ago." Id. For these reasons we held that probable cause did not support the warrant.
Leon held that suppressing evidence is not the inevitable consequence of an illegal search and set forth the circumstances in which the fruits of an illegal search may be admitted into evidence. Since the exclusionary rule is not constitutionally required,4 courts may limit its scope in order to restrict the rule "to those areas where its remedial objectives are thought most efficaciously served." United States v. Calandra, 414 U.S. 338, 348, 94 S.Ct. 613, 620, 38 L.Ed.2d 561 (1974), quoted in Leon, 104 S.Ct. at 3413. See also Illinois v. Gates, 462 U.S. 213, 257-58, 103 S.Ct. 2317, 2342-43, 76 L.Ed.2d 527 (1983) (White, J., concurring); Stone v. Powell, 428 U.S. 465, 539-40, 96 S.Ct. 3037, 3073-74, 49 L.Ed.2d 1067 (1976) (White, J., dissenting). The methodology used to determine the proper scope of the rule was suggested to the Leon majority by its prior cases. See Leon, 104 S.Ct. at 3413-16; Gates, 462 U.S. at 254-61, 103 S.Ct. at 2340-44 (White, J., concurring). A balancing test is employed to weigh the "costs and benefits" of the rule as it operates in a particular category of cases. See Leon, 104 S.Ct. at 3412.
The Court in Leon found this balancing to reveal that "the marginal or nonexistent benefits produced by suppressing evidence obtained in objectively reasonable reliance on a subsequently invalidated search warrant cannot justify the substantial costs of exclusion." Leon, 104 S.Ct. at 3421. The Court took pains to "emphasize" that the "standard of reasonableness we adopt is an objective one." Id. 104 S.Ct. at 3420 n. 20. Subjective beliefs are not to be considered. Id. 104 S.Ct. at 3421 n. 23. Rather, the "good-faith inquiry is confined to the objectively ascertainable question whether a reasonably well-trained officer would have known that the search was illegal despite the magistrate's authorization." Id.
By imposing an objective standard, Leon indicated that courts evaluating an officer's conduct must charge the officer with a certain minimum level of knowledge of the law's requirements.
If the purpose of the exclusionary rule is to deter unlawful police conduct, then evidence obtained from a search should be suppressed only if it can be said that the law enforcement officer had knowledge, or may properly be charged with knowledge, that the search was unconstitutional under the Fourth Amendment.
Leon, 104 S.Ct. at 3419-20 (quoting United States v. Peltier, 422 U.S. 531, 542, 95 S.Ct. 2313, 2320, 45 L.Ed.2d 374 (1975)).5 See also Leon, 104 S.Ct. at 3420 n. 20 ("The objective standard we adopt, moreover, requires officers to have a reasonable knowledge of what the law prohibits.").
In analyzing the good faith exception, the Court identified three paradigmatic situations in which a search pursuant to a warrant may be held to be illegal. First, if a warrant is based on a knowing or reckless falsehood contained in the supporting affidavit, the warrant is invalid under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). See Leon, 104 S.Ct. at 3417. In this situation, there is necessarily police misconduct which can and ought to be deterred and "[s]uppression ... remains an appropriate remedy." Id. 104 S.Ct. at 3421-22. Second, a warrant issued by a magistrate who acts as a mere "rubber stamp for the police," see Aguilar v. Texas, 378 U.S. 108, 111, 84 S.Ct. 1509, 1512, 12 L.Ed.2d 723 (1964), or as an "adjunct law enforcement officer," and who thus fails to "manifest that neutrality and detachment demanded of a judicial officer," see Lo-Ji Sales, Inc. v. New York, 442 U.S. 319, 326-27, 99 S.Ct. 2319, 2324-25, 60 L.Ed.2d 920 (1979), will be declared invalid. See Leon, 104 S.Ct. at 3417. In such a case, "no reasonably well-trained officer should rely on the warrant" and the good faith exception "will ... not apply." See Leon, 104 S.Ct. at 3422. Third, if the information contained in the affidavit simply does not add up to probable cause, even after according the proper deference to the magistrate's determination, see Gates, 462 U.S. at 236, 103 S.Ct. at 2331, the warrant will be held invalid. See Leon, 104 S.Ct. at 3417-18. Where a warrant is held to be invalid due to a simple error in the determination of probable cause, the evidence should be suppressed only if the supporting affidavit was "so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable." Id. 104 S.Ct. at 3422 (quoting Brown v. Illinois, 422 U.S. 590, 610-11, 95 S.Ct. 2254, 2265-66, 45 L.Ed.2d 416 (1975) (Powell, J., concurring in part)). Similarly, a warrant may have a technical deficiency so that, even though probable cause exists to conduct a search, the particular search authorized by the warrant is illegal because, for example, the place to be searched or the objects to be seized are not particularly described. See, e.g., Stanford v. Texas, 379 U.S. 476, 85 S.Ct. 506, 13 L.Ed.2d 431 (1965). Suppression is an appropriate response to such a defect only when the warrant is "so facially deficient ... that the executing officers cannot reasonably presume it to be valid." See Leon, 104 S.Ct. at 3422.
In our prior opinion, we found a defect of the third type, involving a simple miscalculation in the probable cause equation. There is neither a proper allegation that the officers lied or recklessly misstated the truth in the warrant application,6 nor any indication that the issuing judge abandoned his judicial role. The question we must address,7 therefore, is whether the affidavit was "so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable," see 104 S.Ct. at 3422, or, stated differently, whether a "reasonably well-trained officer would have known that the search was illegal despite the magistrate's authorization," see id. 104 S.Ct. at 3421 n. 23.
As noted above, the defect in the affidavit was that it only tenuously connected the place to be searched with two persons for whom arrest warrants were outstanding. It failed to describe the relationship of the persons to the premises8 and it did not state how recently the bank robberies had occurred. On these facts, our Hatcher decision is controlling on the question of probable cause. Whether a reasonably well-trained officer could believe that this affidavit stated probable cause for the search thus depends in part on whether such an officer would be aware of Hatcher and related decisions and the principle for which those cases stand. We conclude that a reasonably well-trained officer would be aware of the principle which Hatcher exemplifies; we also conclude, however, that such an officer could conclude that Hatcher and related decisions are distinguishable and that the warrant was not, therefore, invalid.
The legal principle recognized in Hatcher is that the "existence of probable cause to arrest will not necessarily establish probable cause to search." See Savoca, 739 F.2d at 225. We regard this legal principle as well established. In Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969), the Supreme Court held that a search incident to an arrest must be limited to those areas within the immediate control of the person arrested. All reasonably well-trained officers must be acquainted with this principle. Implicit, if not explicit, in Chimel is the rule that "it cannot follow ... simply from the existence of probable cause to believe a suspect guilty, that there is also probable cause to search his residence." See United States v. Lucarz, 430 F.2d 1051, 1055 (9th Cir.1970). Stated differently, "a suspect's mere presence or arrest at a residence is too insignificant a connection with that residence to establish that relationship" necessary to a finding of probable cause. See United States v. Flores, 679 F.2d 173, 175 (9th Cir.1982), cert. denied, 459 U.S. 1148, 103 S.Ct. 791, 74 L.Ed.2d 996 (1983). "The critical element in a reasonable search is not that the owner of the property is suspected of crime but that there is reasonable cause to believe that the specific 'things' to be searched for and seized are located on the property to which entry is sought." Zurcher v. Stanford Daily, 436 U.S. 547, 556, 98 S.Ct. 1970, 1976, 56 L.Ed.2d 525 (1978). See also id. at 556 n. 6, 98 S.Ct. at 1976 n. 6. Numerous cases, in addition to Hatcher, have applied this principle and found affidavits wanting. See, e.g., United States v. Lockett, 674 F.2d 843, 845-47 (11th Cir.1982); United States v. Green, 634 F.2d 222, 225-26 (5th Cir.1981); United States v. Charest, 602 F.2d 1015, 1017-18 (1st Cir.1979); United States v. Gramlich, 551 F.2d 1359, 1361-62 (5th Cir.), cert. denied, 434 U.S. 866, 98 S.Ct. 201, 54 L.Ed.2d 141 (1977); United States v. Bailey, 458 F.2d 408, 409-13 (9th Cir.1972).
The existence of this well-established rule does not, however, preclude a finding of objective good faith in this case. Legal principles do not operate in a vacuum but instead only with reference to particular facts; a reasonably well-trained officer could conclude on the particular facts presented here that the affidavit stated enough information to create probable cause and to remove this case from the operation of precedents such as Hatcher.
It is important to bear in mind that "[t]here are so many variables in the probable-cause equation that one determination will seldom be a useful 'precedent' for another." See Gates, 462 U.S. at 238 n. 11, 103 S.Ct. at 2332 n. 11. Thus, with only a little effort one may locate cases upholding searches in which the supporting affidavit's connection of the person suspected of a crime with the evidence sought and the place to be searched is skeletal. There is little to distinguish these cases from Hatcher and the other cases which have ruled such a search illegal. See, e.g., United States v. Rambis, 686 F.2d 620, 623-24 (7th Cir.1982); Flores, 679 F.2d at 175-76; United States v. Maestas, 546 F.2d 1177, 1180 (5th Cir.1977); United States v. Samson, 533 F.2d 721, 723 (1st Cir.), cert. denied, 429 U.S. 845, 97 S.Ct. 126, 50 L.Ed.2d 116 (1976); United States v. Spearman, 532 F.2d 132, 133 (9th Cir.1976); Lucarz, 430 F.2d at 1055.
The difference between these two lines of cases can be explained by the rule that whether a sufficient nexus has been shown to a particular location turns in part on the type of crime being investigated, the nature of the things to be seized, the extent of an opportunity to conceal the evidence elsewhere and the normal inferences that may be drawn as to likely hiding places. See Rambis, 686 F.2d at 624. Although we continue to believe that these inferences are not available to support probable cause in this case--because the motel room was not connected to Savoca other than his having been "seen" there, because the affidavit did not state when the robberies occurred and because the robberies occurred over halfway across the country--we conclude that a reasonably well-trained officer could have reached the opposite conclusion.9 The factual gradations in this type of case are often difficult to discern even after a studied examination of the various judicial opinions. Thus, although a reasonably well-trained officer must recognize the general rule which controls the probable cause determination in this case, we cannot conclude under the particular facts of this case that the affidavit was "so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable," see Leon, 104 S.Ct. at 3422, or that "a reasonably well-trained officer would have known that the search was illegal despite the magistrate's authorization," see id. 104 S.Ct. at 3421 n. 23.10
Because of our disposition of the issue discussed above we must now address two arguments raised by Savoca which we did not have occasion to discuss in our prior opinion.
First, Savoca argues that the search was illegal because the warrant did not describe the things to be seized with sufficient particularity--an independent fourth amendment violation. We conclude that the warrant's description of the things to be seized, "weapons," "disguises," "U.S. currency" and "fictitious identification," does not present a problem of a "general warrant." General warrants, by failing to describe particularly the things to be seized, create a danger of unlimited discretion in the executing officer's determination of what is subject to seizure and a danger that items will be seized when the warrant refers to other items. See Andresen v. Maryland, 427 U.S. 463, 480, 96 S.Ct. 2737, 2748, 49 L.Ed.2d 627 (1976). Because the warrant in this case was inclusive, it did not leave room for such discretion; any and all "weapons," "disguises," "U.S. currency" and "fictitious identification" were to be seized. Accordingly, the actual issue is whether there was probable cause to support a search of this breadth, not whether the warrant was "general." See Worthington v. United States, 726 F.2d 1089, 1094-95 (6th Cir.), cert. denied, --- U.S. ----, 105 S.Ct. 109, 83 L.Ed.2d 53 (1984) (Contie, J., concurring); United States v. Christine, 687 F.2d 749, 752-53 (3d Cir.1982); In re Lafayette Academy, Inc., 610 F.2d 1, 5-6 (1st Cir.1979). Compare United States v. Cook, 657 F.2d 730 (5th Cir.1981) (search warrant authorizing seizure of "illegally obtained films" was an illegal general warrant because it left discretion to the executing officers to determine what films were "illegally obtained").
We have already determined that probable cause did not exist to believe that any evidence would be found at the motel room but that a reasonably well-trained officer could have believed otherwise. The slightly different questions presented here are whether probable cause existed to believe that certain particular types of evidence would be found in the room and, if not, whether a reasonably well-trained officer could have believed otherwise.
Necessarily, if there was no probable cause to search for any evidence of whatever kind in the motel room, there was no probable cause to search for a particular type of evidence. We conclude, however, that a reasonably well-trained officer could have believed that the warrant supported a search of this breadth. Given the affidavit's statement that "subject CAREY wouldn't be taken alive" and the shooting incident, a reasonably well-trained officer could believe that, if any search were justified, a broad search for "weapons" was justified. Similarly, given the affidavit's statement that a string of four Ohio and Pennsylvania bank robberies was suspected and that an arrest warrant had been issued, a reasonably well-trained officer could conclude that if there were probable cause to believe that anything would be found in the motel room, probable cause would exist to search for instrumentalities ("weapons" and "disguises"), fruits ("U.S. currency") and materials used in eluding detection while traveling across the country ("fictitious identification"). Accordingly, the breadth of the search authorized by the warrant does not require suppression.
Finally, Savoca argues that the trial court erred in determining that certain out-of-court statements were admissible pursuant to the co-conspirator's exception to the hearsay rule. See Fed.R.Evid. 801(d)(2)(E). In order to bring hearsay statements within the operation of this rule, the government must prove by a preponderance of the evidence that a conspiracy existed, that the defendant against whom the evidence is offered was a member of that conspiracy and that the hearsay statement was made in the course and in furtherance of the conspiracy. See United States v. Holloway, 740 F.2d 1373, 1375 (6th Cir.), cert. denied, --- U.S. ----, 105 S.Ct. 440, 83 L.Ed.2d 366 (1984). We have examined the record and the trial court's findings on these questions and we find no error.
In conclusion, we adhere to the view expressed in our prior opinion that probable cause did not support the search of the motel room but we now conclude that, in light of Leon, suppression is not warranted. In light of this holding and our conclusion that Savoca's other claims of error are without merit, the conviction of Thomas Savoca is AFFIRMED.
NATHANIEL R. JONES, Circuit Judge, dissenting.
I agree with the majority that this case involves an incorrect probable cause determination. I disagree, however, with the majority's characterization of United States v. Leon, --- U.S. ----, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). I also disagree that Leon's good faith exception may be applied to cure the defect here because the warrant was based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.
Leon established a good faith exception to the exclusionary rule that applies only when an officer's reliance on a subsequently invalidated warrant is in good faith and is objectively reasonable. Our "good faith inquiry is confined to the objectively ascertainable question whether a well-trained officer would have known that the search was illegal despite the magistrate's authorization." Id. 104 S.Ct. at 3421 & n. 23. The Court stated, however, that in four circumstances a well-trained officer will not have reasonable grounds to believe that the warrant was properly issued. Under the following four exceptions suppression continues to be an appropriate remedy: first, when the affiant provides information that he knows, or should know to be false, id. 104 S.Ct. at 3421 (citing Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978)); second, when "the issuing magistrate wholly abandon[s] his judicial role in the manner condemned in Lo-Ji Sales, Inc. v. New York, 442 U.S. 319 [99 S.Ct. 2319, 60 L.Ed.2d 920] (1979)", id. 104 S.Ct. at 3422; third, when the warrant is "based on an affidavit 'so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable,' " id. (Brown v. Illinois, 422 U.S. 590, 610-11, 95 S.Ct. 2254, 2265-66, 45 L.Ed.2d 416 (Powell, J., concurring in part)); fourth, when a warrant is "so facially deficient ... that the executing officers cannot reasonably presume it to be valid." Id. The majority's discussion of Leon fails to set forth clearly all four exceptions.
In applying their reading of Leon, the majority finds that a well-trained officer might reasonably have relied on the warrant in this case; therefore, good faith cures the miscalculation of the probable cause determination and exclusion is inappropriate. (Supra at 297). The majority relies upon the statement in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 2332 n. 11, 76 L.Ed.2d 527 (1983), that one probable cause determination "will seldom be a useful 'precedent' for another." Id. The majority concludes that because there is some ambiguity legally as to the nexus required to establish probable cause to search a suspect's residence, a reasonably well-trained officer could have believed that the warrant was issued properly in this case. There are two problems with this reasoning. First, taken to its limit, this analysis implies that there are no general probable cause principles that well-trained officers should know. Second, the majority assumes that police officers have the responsibility to distinguish properly among fine gradations of legal precedent in particular factual settings.
Supreme Court authority establishes that a well-trained officer should know general principles of Fourth Amendment law. See, e.g., Leon, 104 S.Ct. at 3420 n. 20; United States v. Peltier, 422 U.S. 531, 542, 95 S.Ct. 2313, 2320, 45 L.Ed.2d 374 (1975) (officers should be charged with knowledge that certain searches are unconstitutional). The majority cites Gates to support the proposition that precedent is not helpful in determining subsequent probable cause. The Court in Gates abandoned the "two-pronged test" for probable cause established by Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). The passage of Gates upon which the majority relies stated that the Court would not apply Gates to reconsider the specific probable cause determination in Spinelli. Gates, 103 S.Ct. at 2332 n. 11. Put in context, this passage conveys that specific probable cause determinations may not be helpful in subsequent cases; the Court does not intend to undermine the precedential value of general principles. More recently, the Court in Leon noted that the objective standard "requires officers to have a reasonable knowledge of what the law prohibits." Leon, 104 S.Ct. at 3420 n. 20 (citing United States v. Peltier, 422 U.S. 531, 542, 95 S.Ct. 2313, 2320, 45 L.Ed.2d 374 (1975)). Consequently, inquiry in this case should focus on whether the legal principle that establishes that there was not probable cause to support the warrant in this case was sufficiently clear that a reasonable well-trained officer would apply the general principle and know that probable cause was absent. If the principle is clear, then an officer's apparent belief in the validity of a warrant that violates that principle is unreasonable. This remains true even if a court subsequently refines the general principle to address complex factual distinctions.
The governing principle in the present case is that a suspect's mere presence or arrest at a location, without any additional connection to the location that would form an independent reason for a search, will not constitute probable cause to support a warrant to search that location for evidence of a suspected crime. See Zurcher v. Stanford Daily, 436 U.S. 547, 556, 98 S.Ct. 1970, 1976, 56 L.Ed.2d 525 (1978); United States v. Lockett, 674 F.2d 843, 845-46 (11th Cir.1982); United States v. Green, 634 F.2d 222, 225-26 (5th Cir.1981); United States v. Charest, 602 F.2d 1015, 1017-18 (1st Cir.1979); United States v. Gramlich, 551 F.2d 1359, 1361-62 (5th Cir.), cert. denied, 434 U.S. 866, 98 S.Ct. 201, 54 L.Ed.2d 141 (1977); United States v. Bailey, 458 F.2d 408, 409-12 (9th Cir.1972); United States v. Hatcher, 473 F.2d 321 (6th Cir.1973). The majority notes that these decisions support this well-known rule. (Supra at 297). We initially held that Hatcher was dispositive. Savoca, 739 F.2d 220, 225 (6th Cir.1984). The majority also notes, however, that warrants have been upheld in several instances where the information connecting evidence to the location to be searched was skeletal. A reasonably well-trained officer, the majority finds, might have considered the warrant in this case valid under these precedents. (Supra at 297 - 298). None of the decisions that the majority cites creates ambiguity; all are in accord with the general principle that the mere presence of an accused at a location is not sufficient to form probable cause for a search warrant of that place. The cases all involved information directly linking evidence sought to the location to be searched.
The first case involving reliable information directly linking evidence of the alleged crime to the location to be searched was United States v. Maestas, 546 F.2d 1177 (5th Cir.1977), which involved a suspect who was charged with passing bad checks. The facts that supported the search warrant for the suspect's home included information that a Chicago print shop had mailed counterfeit checks and materials to her residence. There was a reasonable inference that the materials were kept at the residence. Id. at 1180.
The majority cited United States v. Flores, 679 F.2d 173 (9th Cir.), cert. denied, 459 U.S. 1148, 103 S.Ct. 791, 74 L.Ed.2d 996 (1983), which involved a suspect charged with possession of firearms by a convicted felon. The suspect's roommate had been arrested at their apartment. A workman had called police to inform them that he had seen a number of firearms in a storeroom in the apartment complex. The superintendent said he had allowed the suspect and the roommate to use that storeroom. The court found probable cause to support a search warrant of the storeroom independent of the fact that the suspect's roommate had been arrested in the apartment two weeks earlier on a charge of possession of firearms. Id. at 175.
A third case that the majority found ambiguous was United States v. Rambis, 686 F.2d 620 (7th Cir.1982). An informant told agents that several suspects were going to blow up a warehouse. During surveillance, the agents watched the suspects purchase what invoices revealed to be gun powder and detonative devices, trailed them to a house, and finally arrested several suspects at the warehouse. The surveillance lasted forty-eight hours. There was reasonable cause to infer that some items not found with the suspects who were at the scene of the crime might be located at the house. The court stated that the surveillance agents had kept a close watch on the suspects and had seen nothing to indicate that the men stored the materials elsewhere. Id. at 624. These inferences were independent of the fact that an additional suspect was arrested at the house. Id. at 624-25.
The majority also relied upon United States v. Samson, 533 F.2d 721 (1st Cir.), cert. denied, 429 U.S. 845, 97 S.Ct. 126, 50 L.Ed.2d 116 (1976). A convicted felon was suspected of receiving firearms in interstate commerce. The court noted that an informant had reason to believe that, after the suspect exhibited the guns for sale, he was returning with them to his apartment. Id. at 723. The search warrant was obtained shortly thereafter, and the First Circuit upheld the warrant, stating that these circumstances supported a reasonable inference that the guns were located in the apartment. Id.
Finally, the majority found ambiguous United States v. Spearman, 532 F.2d 132 (9th Cir.1976). A suspect was charged with possessing stolen mail after the mail and some heroin were found concealed in the bumper of the suspect's automobile. The Ninth Circuit upheld the search, noting that there were extensive observations of the suspect, and that there were circumstances that supported the independent inference that the automobile contained the illegal goods. Id. at 133.
A review of the cases which the majority cites confirms that the general principle requiring a nexus between the evidence sought and the place to be searched, in addition to the mere presence of a suspect, is sufficiently clear that a reasonably well-trained police officer should have known that the mere presence of Savoca at the hotel room could not constitute probable cause for a search warrant of the hotel room. First, there was no informant involved who could connect the stolen goods to the room. Second, there was no close time frame that would support an inference that the stolen goods were hidden in the hotel room. Third, the robbery occurred a number of months before Savoca and his alleged accomplice went to the hotel and over 2000 miles from the place where they were arrested. Fourth, the agents only watched the two men enter the room once, without continuing the surveillance to observe whether there was a possibility that they were hiding stolen goods there. Therefore, there was no independent basis of probable cause to search the hotel room other than the fact that the two suspects had entered the room. Because there was no independent basis of probable cause to search the hotel room, and because this requirement is a clear principle that reasonably well-trained officers would know, the warrant was so lacking in indicia of probable cause as to render official belief in its existence unreasonable. This is the third exception to Leon, 104 S.Ct. at 3422; therefore, the good faith exception does not apply. The evidence should have been suppressed. On this ground, I dissent.
The term "good faith" exception was typically used to describe the proposed rule before it was recognized in Leon. See, e.g., Illinois v. Gates, 462 U.S. 213, 251, 103 S.Ct. 2317, 2339, 76 L.Ed.2d 527 (1983) (White, J., concurring); Taylor v. Alabama, 457 U.S. 687, 693, 102 S.Ct. 2664, 2669, 73 L.Ed.2d 314 (1982); Stone v. Powell, 428 U.S. 465, 538, 540, 96 S.Ct. 3037, 3072, 3073, 49 L.Ed.2d 1067 (1976) (White, J., dissenting). For the sake of convenience, we will refer to the rule in Leon as the "good faith" exception notwithstanding the fact that the Court in Leon itself used slightly different terminology, presumably in order to stress the objective nature of the new rule. The Leon majority refers to the exception in terms of "reasonable reliance," see 104 S.Ct. at 3409, "objective good faith," see id. 104 S.Ct. at 3413, 3420, "objectively reasonable" conduct, see id. 104 S.Ct. at 3419, 3420, 3421, as well as using the traditional term, "good faith exception," see id. 104 S.Ct. at 3416
Thus, although the term "good faith" does not fully capture the objective nature of the inquiry which we must undertake, we will use that term as a "short-hand description." See United States v. Sager, 743 F.2d 1261, 1265 (8th Cir.1984), cert. denied, ---- U.S. ----, 105 S.Ct. 1196, 84 L.Ed.2d 341 (1985).
We adhere to our prior holding that the search was not supported by probable cause. In addition, our prior ruling that rejected Savoca's Speedy Trial Act claim, see 18 U.S.C. Sec. 3161 et seq., remains valid. See Savoca, 739 F.2d at 223-24
For the full text of the affidavit, see 739 F.2d at 222-23
There was some doubt about this proposition prior to Leon. See, e.g., Mapp v. Ohio, 367 U.S. 643, 655-56, 81 S.Ct. 1684, 1691-92, 6 L.Ed.2d 1081 (1961) (the exclusionary rule was said to be "logically and constitutionally necessary"); Olmstead v. United States, 277 U.S. 438, 462, 48 S.Ct. 564, 567, 72 L.Ed. 944 (1928). Leon has now made it clear, however, that the exclusionary rule merely "operates as 'a judicially created remedy designed to safeguard Fourth Amendment rights generally through its deterrent effect, rather than a personal constitutional right of the person aggrieved.' " Leon, 104 S.Ct. at 3412 (quoting United States v. Calandra, 414 U.S. 338, 348, 94 S.Ct. 613, 620, 38 L.Ed.2d 561 (1974))
Since there is no allegation of subjective bad faith in this case, we need not attempt to reconcile the reference in Leon's quotation of Peltier to subjective beliefs ("a search should be suppressed only if it can be said that the law enforcement officer had knowledge ... that the search was unconstitutional") with the stress that the Court otherwise placed on the objective nature of the inquiry
It was suggested in Savoca's brief to this court that the affidavit's statement that Carey was going for a gun at the time of the arrest was "patently false" and that this falsity "should have been known since the warrant was drawn up after Carey had been shot, and no gun was found on him." This contention is without substance. That no gun was found on Carey's person after he had been wounded did not necessarily mean that no gun was in the motel room. Similarly, Savoca was successful in establishing in the suppression hearing below that the affidavit's statement that both Carey and Savoca had been seen in the motel room on April 19 and 20 was factually incorrect, since the two had been seen in the motel room only on April 20. Savoca has not argued to this court, however, that this misstatement invalidates the warrant and requires a reversal of his conviction
We perceive no need to remand this case to the district court. See United States v. Sager, 743 F.2d 1261, 1265-66 (8th Cir.1984), cert. denied, --- U.S. ----, 105 S.Ct. 1196, 84 L.Ed.2d --- (1985); United States v. Hendricks, 743 F.2d 653, 656 (9th Cir.1984), cert. denied, --- U.S. ----, 105 S.Ct. 1362, 84 L.Ed.2d 382 (1985)
The affidavit did not state, for example, whether the location to be searched was a permanent residence, a transient lodging, or a third party's residence which the two named persons were merely visiting. Rather, the affidavit merely stated that both suspects "were seen" in the motel room on two occasions
That is, a reasonably well-trained officer could have concluded that one could infer from the type of evidence sought (especially the money) that it would be retained within the close control of Savoca for a reasonably long period of time. Similarly, from the type of crime alleged and from the series of crimes that were asserted in the affidavit, one might infer in a proper case that Savoca and Carey intended to continue robbing banks and would thus have the instrumentalities of such crimes within their control
Our approach to this case--considering not only how well-established is the general legal principle involved but also how precisely the facts coincide with the cases applying that principle--is suggested by Leon. The court of appeals in Leon determined that probable cause was lacking due to deficiencies in the affidavit under the Aguilar-Spinelli test, see Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964); Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969), overruled, Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), and the Supreme Court did not disturb this ruling. We do not read the Court's opinion in Leon as concluding that a reasonably well-trained officer would not be aware of the dictates of cases so well known as Aguilar and Spinelli. Rather, the Court found that a reasonably well-trained officer could conclude that the Aguilar-Spinelli test did not invalidate the warrant in question. Similarly, we do not hold that a reasonably well-trained officer need not know that the mere presence of a suspect at a particular location does not automatically provide probable cause to search that location; rather, we hold that a reasonably well-trained officer could conclude that the present affidavit was not within the operation of that rule


You are readingMadden NFL 11 Entered As The Next Edition After Madden's Retirement.
Madden NFL 11 Entered As The Next Edition After Madden's Retirement.
Electronic Arts are one developer whose game can be trusted with closed eyes. For me, their precision with what the gamers want regarding the graphics, plot and game play always hits the bull's eye. Even this time they have proved their worth with the 11th installment of the famous Pro Football gaming series, Madden NFL. This "Madden NFL 11" is going to continue the age old tradition of being the best seller, even this year. I am not being overconfident about the game but as the previous games have constantly been a best seller and has even spawned TV shows where player competed, I just can't help it.
The game has been named after the Pro Football Star John Madden and as they had announced that the series will go on even after Madden's retirement in 2009, they have kept their word and are going to release the 11th installment on 10th August 2010. In the last year's Madden NFL cover, we saw two athletes sharing the spotlight and so EA has decided to let the public decide the deserving players of the cover and have fit in three choices for them. New Orleans Saints quarterback Drew Brees, Indianapolis Colts Wide receiver Reggie Wayne and Minnesota Vikings defensive end Jared Allen. Now going to the game play and stuff, a lot hasn't been revealed but Madden's executive producer Jermy Strauser hinted a couple of new features which have been included in this version of the football powerhouse. This game provides over 300 different plays like the previous edition and the players can revamp the playbook's user interface to give them new ways to mine the playbook.
With extensive game plays, flawless graphics and killers teams' provision by this game, the player will be glued to their consoles. This game is worth $59.95 and is for all the consoles starting from PS3 to Xbox 360, PSP, PS2 and Nintendo Wii. You can see a glimpse of what the pros want in the game here.
The Games like 2010 Fifa World Cup South Africa and Final Fantasy 14, some upcoming games in PS3, you must like as so interesting.
definitely appreciate your web-site nevertheless, you have to take the punctuation for a lot of your posts. A lot of possibilities filled having punctuational difficulties so i realize its quite worrisome to be honest nevertheless I'm going to certainly appear all over again yet again.


While more than 1.1 million homes have been delivered since 2010 [Optional - Local Statistics (attached here):, including X in our local authority of Y,] more must be done to meet the target of 300,000 homes a year by the mid-2020s. That is why I welcomed the recent publication of a draft revised version of the National Planning Policy Framework, providing a comprehensive approach for planners, developers, and councils to build more homes, more quickly, in the places people want to live.
This major overhaul to the Framework, the first in six years, includes a new housing delivery test, greater freedom for building on brownfield land, and a standardised method for assessing local housing needs. A consultation on the proposals has been launched to give everyone the opportunity to feed in views on proposals for the future of planning, which will run until 10 May.
These proposals will build on other steps taken to reform planning, including a £25 million Planning Delivery Fund to help speed up planning decisions, and encouraging local authorities to publish brownfield registers which have so far revealed 26,000 hectares of developable land across 16,000 sites.
I am confident that the reforms announced in the draft Framework, on top of the other measures the Government is taking to speed up the delivery of new homes, will help fix the broken housing market and restore the dream of home ownership for a new generation.


Custom top will be created by customer (client) for the custom development and customization. At least one custom top is required for every client. We can have multiple custom tops also as per the requirement.
We should not apply the patches (scripts) against the application. If we apply, that script may over ride both development and customization whatever we have done previous. That is the reason, we will create and use custom top. Oracle will not provide any type of support, if we done any patches against the application .
This folder is language specific and by default, it is American English language has been implemented. If we want to have multiple languages, we can implement by specifying different folders. This US folder is only applicable for Forms and Reports because both are GUI objects.
This oracle application release name is based on the release what we are using.


All requests must be submitted by a Registrar Membership Account holder unless the domain name request is being submitted by an organisation that is currently connected to the Janet network. Requests from organisations connected to the Janet network should be submitted by a Jisc registered contact within their organisation.
Please note: All requests for new domain names must contain descriptive information of how the domain name/name owner fit the eligibility policy. This will greatly speed up the process of obtaining a new domain name for applicants.
If the organisation requesting the new domain name fits the eligibility criteria, then requests may be submitted to the Domain Registry Service Portal.
The accepted method of payment is by Approved Registrar Membership Account, unless the domain name request is coming from an organisation that is currently connected to the Janet network.
Usually there will be no charge for a request that produces a REJECTED outcome. However, Jisc reserves the right to make a suitable charge for frivolous, time-wasting or other requests which impose an undue use of resources to deal with. an example of such instances are listed below.
The target turnaround time for requests is five working days from receipt of the application by Jisc. All new requests for domain names will be acknowledged and allocated a ticket reference number upon input into our System. Within approximately five working days a response message will be sent to the submitter of the application advising as to whether the domain name has been ACCEPTED or REJECTED by the Naming Committee.
Once payment has been made, in the case of Jisc Customers, or the account of the Approved Registrar has been charged, ACCEPTED domain names will be put forward for delegation in the DNS. Our charges are listed here. Designated nameservers must be correctly configured to take the new name, preferably at the point when the initial submission of the template requesting the new domain name is effected. Failure to correctly configure the designated nameservers will not prevent delegation in the DNS from a Jisc point of view.
In the case of a REJECTED outcome any subsequent domain name requests for the same end user will be treated as a new request. Therefore a further five working days should be allowed for a response from the Naming Committee. A new template should be completed and submitted to the appropriate mailing list, containing any corrected details or extra information, as necessary, in order for the Naming Committee to review.
Each registration lasts for a period of two years from the initial date of the domain name's acceptance by the Naming Committee. From this date the designated Approved Registrar will be invoiced for the domain name's maintenance charge.


One of the largest and most important areas of business is information technology. Now that ninety percent of businesses rely on the internet, it is essential that you can respond to any IT mishaps. If you don't, you will lose a lot of money while you are trying to fix the problem. The answer is to improve your tech support so that no issue can take you offline. To do that, you need to read the following. Here are five ways to make it happen.
If you are going to keep your tech support in-house, you need to hire wisely. One wrong employee can completely ruin the effectiveness of your IT department. Every candidate should have a very good resume with experience in handling advanced problems. To make sure these people aren't lying, you can incorporate a test into the interview process. If they pass the test, they are worth considering. If they don't, better luck next time.
The other option is to admit that you don't know what you are doing and ask for help. There is nothing wrong with asking for help, especially when you are dealing with an unknown quantity. With the help of web pages like https://www.cmitsolutions.com/services/help-desk-software, you can find a great partner. Your partner will then take care of all of your IT needs so that you don't have to worry. All you have to do is analyze your partnership and pay them their fee.
IT isn't usually a job that requires 24-hour assistance. For the most part, the problem occurs and the assistant fixes it as and when they can. But, that isn't a good way of dealing with a problem. A good way of dealing with the problem is to solve it straight away. Then, you limit the amount of damage it can cause. You can do just that with a 24/7 IT team. Regardless of when the problem occurs, they will be on hand to fix it and remedy the problem. It will cost you more as you will need to hire more people. But, your tech support won't be as efficient or effective if they don't work around the clock.
Whether they are the best of the best, they can always improve. That is the same for everyone, which is something you might want to consider later. As such, you need to offer them the tools to make themselves better at their job. Even if you are a novice, you can help them grow. All you have to do is send them on training courses. Training courses have experts and professionals on hand to troubleshoot any issues and offer advice. When they come back to work, they will know more about their job than ever before. And, they can use that knowledge to your benefit.
Your IT support is a major part of your business, so treat it with respect. If you don't, you will find your life in the business sector gets much harder.


A Dividend Exchange-Traded Fund (ETF) is an investment vehicle holding assets in high dividend paying stocks or REITs. ETFs are built like conventional mutual funds, but priced and traded throughout the day like individual stocks. ETFs are passively managed around an index. That index may be the result of certain screens, such as companies with high dividends. Key ETF benefits include instant portfolio diversification, tax efficiency and transparency of cost and holdings. ETFs may be part of the core portfolio of an income-seeking or risk-averse stock investor.
A Dividend Exchange-Traded Note (ETN) is a senior, unsecured, unsubordinated debt security issued by an underwriting bank. ETNs are not index funds, but they do share being linked to the return of a benchmark index. As debt securities, ETNs don't actually own anything they are tracking. Thus ETNs have an additional risk compared to ETFs: if the underwriting bank goes bankrupt, the investment might lose value, the same way a senior debt would. Most ETNs do not pay periodic dividends. ETNs have long maturity and symmetric return. They can be leveraged (often called BULL) and/or they can be inverse (often called BEAR).


In the small town of Alvin, Texas, there is a small crepes café in a strip center that does not attract much attention. However, when this breakfast and brunch café, Ooh La La Crepes, got it's logo made into a large 3D sign for the front of the building, it definitely was noticed by drivers who passed by. Smash Design's talented hands created the 2D logo and 3D sign for the café in early 2012.
The logo depicts what the café offers: crepes, coffee, ice cream, and gelato. (The product offering). As you walk inside, you are transported to a chic Paris-themed restaurant, so the way the logo is designed, (color scheme, arrangement, and font) contributes to the brand.
When small businesses open their doors, they need to have that brand communicated through marketing material, logo, design, theme, and name signs, like the 3D sign created by Smash.
Apple has by far one of the most recognizable brands.
Not only is the Apple trademark absolutely identifiable, but it conveys the message, "This is a cool product, made for cool people. You can be cool too if you have it." Walk into any Apple store and you will see giant iPhone and app displays which add to the Apple experience. Imagine if your business, too, had such a distinctive brand? Could a strong brand change the way your yearly income looks? And why?
Design and brand go hand in hand. Superior design makes your brand stand out above others. It builds a loyalty toward your brand. Why are loyal consumers amazing? They generate a recurring stream of revenue to the life of your business. Your consumers trust you. When moms are out shopping for groceries, they get the same brand of milk, yogurt, bread, and cereal. They trust the taste, quality, and design of each product. Rarely do shoppers deviate from the brand they love. For this reason it is incredibly important that your business portray a strong brand and design!


The Star represents hope, peace and continuity – fluid thought and intuition. The "present" is based on action and will – the "future" is based on understanding and hope. To resign yourself to the routine and remain "quiet" is the "sleep" of your will. Awaken your will – exercise your "choice" – your ability to say "yes" to spirit and "no" to the transitory things of matter.
Hope directs spiritual growth into the world – it allows us to see that each day is a unique event which will never be repeated. Even the most mundane and commonplace abilities are worthy of aspiration – a "star" is in the eye of the beholder. Hope provides the "possibility" of the complete unity of matter and spirit – it is the "fruit" of this marriage of opposites, inviting us to believe in the unity of the two and to work towards the realization of that unity and ultimately – to understand that hope and growth are the same. There is joy in work – only when it is elevated above the "spirit" of slavery. Uplifting values are essential in the process of becoming enlightened – every word can become magical if it is sincere and filled by faith to the point of setting hope from above in motion. Hope, true creativity and tradition are essential to assure that spiritual truth is not forgotten – they are the agents of growth. Calming peace after the storm as you experience accomplishment of the goals you have developed – renewal after a calamity.
New freedom – you have come through the hard times, undergone emotional upheaval and you will now know inspiration, hope, health and spiritual gifts beyond your belief. You are well blessed and can expect much spiritual help and guidance in all endeavors. You are on the right path – you have built a good foundation. Continue to "hope" and you will achieve your goals. Your health situation will improve for you are surrounded by strong spiritual forces. The truth can be found in the depths of your subconscious through meditation – hope, faith and courage are the keys in facing your problems for you are developing intuition and going within will aid you in finding the truth. Once your mind is able to sustain its concentration – it can penetrate to the real nature of whatever it is placed upon and come up with a meaning that is helpful to you.
You desire to know the truth – to be open, honest and communicate with nothing held back. Choose to be a guide – illuminate others. New concepts and intuitive realizations bring feelings of accomplishment and success that opens you to an inborn state of "grace" in which all growth is effortless – a joyful acquiescence to life as you experience revitalization and the renewal of your vital structures.
In reflection, when your mind is elegantly poised in balance with other levels of the psyche and the body, you can remember the wise guidance of your innate psyche knowledge which requires you to follow your own aspirations and abilities in order to illuminate future possibilities. You now recognize your ability to surpass Self into a sense of Self + Universe.
Pour your energy out freely – "feel" your confidence – KNOW and trust that Life will continually supply you with new energy. Choose to stir up the Universal life energy by pouring your own into it – use your active imagination and visualization. Accept your desire to be active in projects that will produce enlightenment and conscious raising for all mankind – to be the "center" of attention and gain public recognition or be the spokesperson for others.
Transformation from darkness into light – your unconscious is changed into the ecstatic awareness of the super – conscious. Take this energy and create with it – objectify your spiritual energy in your creations. Give of yourself with compassion in your service to others so that they may find their own "light". No amount of work can exhaust your inspiration as long as you remain connected to the inner sources and each completed work will give you new inspiration. Allow your "inner" Self joy – allow your sensitivity and passion to express itself – directly experience your unconscious mind. Your ability to feel the truth and to act will make you a vehicle through which the truth can manifest itself as you experience your "inner" calm.
Here is the seventeenth stop. This is the state of mind after profound insight, mind illumined by the heavens. Fireworks. As The Tower is God's grace, The Star is what you do with that grace. Here is the mind's acceptance of responsibility for packaging and filtering spiritual input down to the Emotional and Physical Planes, the symbolism of pitchers of fluid knowledge pouring into water and land alike. This may seem like antiseptic poured on an open wound – there can be pain as the medicine effects its cure. There is undoubtedly major change in the offing and you must decide how to implement it in everyday life.
Hope derives from our acceptance of the pain of the moment, which grows into an understanding of the present situation from a broader and longer range perspective. The Star offers hope, optimism, aspirations, productive mental growth, dedication to an ideal, and maximum expectations. Here are outer goals – the Moon will give inner goals. To think of our fate as being in the Stars is to say that our fate is in our highest expectations, our highest ideals. If something can be thought of – then it is possible. The mind is excited, active, with its taste of the future. Here you find the content of the message from a wide assortment of sources-from dreams, spirit guides, guardian angels in the guise of friends/family or complete strangers, synchronous events, books falling off shelves, and the list is literally endless. Here too is the recognition, the fame that accompanies the talent of expression, the embodiment of good ideas well executed. The star on earth is just so because of his/her ability to emulate the beauty of the stars in the heavens.
In the first position: This lifetime asks that you use the formidable intellect you have been given to process the information that needs to descend from the spiritual into the Mental, Emotional, and Physical Planes. Be that as channeler, writer, translator, inventor or professional friend to many. Also, that you are simply destined to be among the best at whatever you do and to be well known for it. You have been given the means to convey to others the hope that you feel in every fiber of your body, because you know how beautiful things can be; you have seen how beautiful they already are.
In the second position: You have already laid the foundation of a long-term goal and are very much working toward it, so that there is great efficiency in your physical/material world. Everything contributes to the big picture. You may be working with the information received in a prophetic dream or another rich source. Also, simply that you have been very busy and productive.
In the third position: You need to be optimistic and set your goals at the highest conceivable level. Avoid any tendency to sell yourself short.
In the fourth position: This is an early passion for success, for being the best and being recognized as, such. in love with your own dreams and certainly with very high expectations of realizing every one of them.
In the fifth position: Much has already come your way but you are setting your sights, fining up your goals. Your mind is on top of things. Let your present optimism establish your benchmark for the future while you are thinking big.
In the sixth position: Integrate those dreams, those goals and wildest expectations into your relationships so that they support each other. Here could be a test for the heart as the ego succeeds with its program. Will you enjoy your success? Will those who supposedly love you, love your success?
In the seventh position: It is time to give your ego its just due. This year wants to see you open up all the stops. You will be drawn outward in the limelight of recognition and you should go more than willingly.
In the eighth position: Much of your goal is unfolding right now. You are living your dream in realtime. You are the center of attention and rightly so.
In the ninth position: The heart is centered on the mind's directives. Desire is supporting the will.
In the tenth position: Your goals, even your greatest expectations, will present themselves clearly and begin to unfold in your reality. Your star is arriving and it will be up to you to sustain its glow.
I am glad that you are pleased with the website. A link to the E-books is provided on the Home page.
I would like to thank you for building upon a fantastic resource and to point out to fellow readers the following. Each card has ten interpretations according to their position within a Celtic Cross layout. This would then be expanded upon if this card is reversed. The Star, for example, has twenty interpretations in total. Since there are 78 Tarot cards, that's 1560 entries. This is brilliant. I was always looking for something like this as a website or a book. Have you considered creating an e-book? You would be able to cite the sources of your meditations upon each card too. Aside from my unsolicited suggestion, I wanted to show my gratitude to this work and gesture toward how helpful it will be for the self-inquiry and self-knowledge of others.


text:
"The expression (familia) was invented by the Romans in order to designate a new social organism, the head of which had a wife, children and a number of slaves under his paternal authority and, according to Roman law, the right of life and death over all of them." Philip Janison, "Sybil Leek and the Nuclear Family" Radicalqueen #5, 1974.
How well I remember those good old days of queer political manifestos written in a favorite hangout or the livingroom floor of a companero's dusty Bohemian apartment. They served as our primary means of communication with each other and to a lesser extent with the outside world.
In the early 70s, I was involved with several queer groups, among them Radicalqueens, a Philadelphia transgender collective that viewed "gender as a primary source of oppression." The group had a rocky relationship with the post-Stonewall, mainstream gay-rights movement (as opposed to gay liberation) that in many ways was looking to assimilate into the dominant culture.
Radicalqueens was in the forefront of questioning not only why boys and girls are assigned different and unequal tasks in our society, but also the very existence of such cherished institutions as marriage and the nuclear family. In our often controversial magazine, Radicalqueen, we as a collective espoused the not-so-new idea (Marx and Engels beat us to it) that marriage and family were the means society used to control behavior, sexual and otherwise.
To wit: "We can trace all power systems, all invidious economic relations and even the fact of oppression itself to the prototype in the subjection of women in the family." (Janison, Radicalqueen #5)
So I find it perplexing that 30 years later we have a gay rights movement wanting nothing more than to perpetuate its own version of the nuclear family via gay marriage. This push for the lavender picket fence has spread like wildfire across the country ever since San Francisco mayor Gavin Newsom, not to mention the Massachusetts State Supreme Court, gave the nod to issue marriage licenses to queer couples.
The San Francisco City Hall marriage scene was a glorious event, no doubt about it. In just a few weeks, over 4,000 queer couples (including comedian Rosie O'Donnell and her girlfriend Kelli Carpenter) tied the knot before a court injunction filed by right-wing religious groups put a halt to the largest act of civil disobedience the city has seen in a long time, perhaps in its entire history.
As much as I celebrated the weddings, though, I often found myself wondering what in the world we as a community were doing. I have nothing against anyone getting married. If this institution is going to exist, it should be open to everyone. The same goes for gays in the military. I am opposed to the very concept of an armed forces. Since the Vietnam War days I have worked to change the world so that armies will one day be obsolete. But I will defend someone's right to participate in either institution.
A lot of benefits come with both military service and legal marriage. Working-class kids get a chance at an education and job skills in the military, as unfortunate as it is that they have to learn to kill in order to do so. Married couples receive over a thousand rights that single folks don't have. Why should married people gain privileges that I as a single person do not have? What makes the act of saying "I do" so monumental that it should instantly bestow all of these benefits? A reward for those who fall in love and are ready to commit themselves to each other?
Marriage was never about love. Back in the days before Hallmark and soap operas, it was about property rights. That is, the right of a man to possess and control certain things: land, wife, children, and slaves, among them. The Roman word for family (familia) originally referred to a man's collection of slaves. Later it was adapted to mean all of the man's possessions, including property, wife, children, slaves, etc.
Unlike the song lyric, love and marriage don't always go together. In America today, nearly 50% of all marriages end in divorce, a figure that's even higher in California. The majority of missing children are abducted by partners in a messy breakup. A large percentage of child abuse (sexual and otherwise) occurs within the family. Then there's domestic violence (two to four million women a year), the physical and emotional abuse of queer children, etc. Clearly marriage has not been an altogether civilizing force, as the right wing has been asserting since the gay marriage debate began.
What the institution of marriage and family has done effectively, as Engels and Marx observed over a century ago, is to enforce society's conditioning onto children and produce generation after generation of loyal workers, churchgoers and fodder for the military excursions of a current government hell-bent on controlling oil and other natural resources throughout the world.
It's not a pretty picture.
With gay marriage it may not get any prettier. Will parents now push their gay children to settle down and marry? Will the pressure to take the walk down the aisle force young queers to settle for Mr. or Ms Second or Third Best? Will queers who don't marry be considered failures, just as my unmarried godmother was? "Poor thing, she never found the right man." Objects to be pitied and whispered about. Will gay life transfer to the suburbs where the white house with the lavender picket fence is the acceptable style of life and cruising in parks and bars in the inner city the choice of "those other kinds of queers?"
Will divorce end half our relationships each year? Will we face alimony fights? Custody battles? Will our celeb split-ups make the front pages of the tabloids? Will our relationships be major storylines in the soaps: Juan and Joey, their tragic love story continues on All My Children; Sally and Moesha get married while Sally's ex plans revenge, today on The Bold and Beautiful.
More importantly, will the establishment of gay marriage open up the institution itself so that people who are involved in threesomes and communal living arrangements can also be recognized legally as families? What about those living together who don't want the marriage license?
I would feel more enthusiasm for the gay marriage movement if it stood with the struggle for national healthcare for all, as well as the fight for affordable housing through such means as community land trusts and limited equity coops, two ways to guarantee that the land cannot be speculated on, the major reason for the high cost of housing in this country. I would be less uncomfortable with the assimilationist aspects of gay marriage if the movement expressed support for workers (including queer ones) who are struggling for higher wages to support themselves or their families.
Unfortunately I suspect that when gay marriage is finally given the highest court's stamp of approval, a majority of gay marriage advocates will slip off to their houses with the lavender picket fences to raise 2.3 turkey baster or adopted kids. For them, gay marriage is the end of the struggle and that's fine. It's still an important right to be won. For me, though, it's a part of a larger movement that is about ensuring that all people in this country have guaranteed healthcare, housing, food, clothing and other necessities of life. It's part of a human rights movement that will not end until the means of production belong to the workers and war is something children only know about from history books.
As gay liberationists in the 70s we advocated complete freedom to make love to the partner of one's choice. We believed that relationships need not be restricted to just two people. We celebrated communal living, extended families, and other loving human arrangements. We felt strongly that government had no right recognizing or denying anyone's relationship, that it should stay out of the business of marrying altogether. If only we had stayed that course.
With gays in the military we can have out queers torturing prisoners at Abu Ghraib. With gay marriage we can have our own Al and Peggy Bundy or Archie and Edith Bunker. We can be just like our parents.
It's not my idea of progress.
originally published in I Do I Don't, edited by Greg Wharton & Ian Philips, Suspect Thoughts Press, 2004

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Pete Templin is the senior network architect at Texlink Communications, where he manages the IP/MPLS network and related services. These include product development, tier 3 trouble escalation, capacity planning, and operational strategy/tactics. Previously, he worked in sales engineering and professional services at Digital Island (or was it the Digital Cable Wireless Island?).
Abstract: This tutorial is designed to introduce small and medium ISPs to the concepts and power of MPLS TE. Participants will be given a copy of a Visio diagram to be able to actively calculate some SPF algorithms (unconstrained and constrained), to better understand how paths are determined.
Betty BurkeMerit Network Inc.; .
Samantha Lo, Hong Kong Polytechnic University; Rocky K. C. ChangHong Kong Polytechnic University; .
Josh KarlinUniversity of New Mexico; .
Ratul Mahajan, Microsoft Research; Thomas AndersonUniversity of Washington; .
Panel: Network Neutrality - What Does It Mean To Operators?
Nick FeamsterGeorgia Tech University; .
Anirudh RamachandranGeorgia Tech University; .
Michael Laudon, Force10 Networks; Jay ParkEquinix; .
Rob Snevely, Sun Microsystems; Josh Snowhorn, Terremark Worldwide, Inc.; David Tsiang, Cisco Systems; Brad TurnerJuniper Networks; .


Rent Yo Gabba Costume Characters!
Yo Gabba Gabba show is very near to the heart of kids. Funfactoryparties.com makes it easy to Rent Yo Gabba Costume Characters! You can rent brobee foofa muno plex and toodee costumes in adult size as well as children's birthday party character entertainers. This show not only entertains the kid but also help them to know the world around them. If your kid's birthday is around the corner, Fun Factory Parties, the entertainment party provider in California, recommends selecting this show as a theme for the party. Fun Factory Parties, says that you can easily get all the party supplies for this theme, but it is a good idea to purchase a Deluxe party pack which includes almost all the items required for a birthday party like napkins, cups, forks, plates, banners, cut outs, posters, table-cover etc.
For decoration purposes you can take the assistance of colorful balloons. Place the cut-outs or posters of different characters of Yo Gabba Gabba including Foofa, Muno, Brobee and other characters.
As this theme has an emphasis on dance and music, you have to decorate the area on this concept. Moreover, when you send the invitation cards to your guests base your invitations on this line, for example, you can build your invitation cards in the form of a guitar or a music note. You can decorate the cards according to your creativity.
Fun Factory Parties provider in California says, you can also purchase a Yo Gabba Gabba piñata or make your own with the help of several household items like newspaper, boxes, glue etc. when you have made the piñata all you have to do is put a string to it so that candy may fall out when pulling the string. You can also purchase ready-made Yo Gabba Gabba piñatas which are available on the name of its characters viz., Foofa, Muno, Brobee etc. In order to cherish memories of the Yo Gabba Gabba based party don't forget to take photographs of the event as these will help you remember the event for long time.
Fun Factory Parties reveals why not organize a dancing competition at the birthday party as well. Ensure you have a dance floor, which can help your guests showcase their dancing skills. You can include pizza for pre-school children and vegetables for other guests. Don't forget to include a sumptuous cake at the party.
Call Fun Factory Parties for organizing the birthday party of your kid.
‹ Elmo Sesame Street Party Character Rentals!


text:
Eric LoPresti, Force Against Force
Like the Spice
224 Roebling Street, Brooklyn, 718-388-5388
May 16 - June 8, 2008
Reception: Friday, May 16, 6:30 - 10 PM
Like The Spice is proud to present Force Against Force featuring Eric LoPresti's eloquent diptychs composed of photorealistic renderings and airbrushed gradients. Each binary pairing, executed in either graphite or oil and acrylic, alludes to uncontrollable forces and the universality of conflict and catastrophic loss. The precisely realized images of destruction, danger and chaos on one panel are set against the contemplative psychological space of color field painting, thereby combining two schools of painting historically seen as antagonistic to each other.
Based on dramatic and sometimes harrowing photographs of contemporary battlegrounds in Iraq and the Democratic Republic of Congo, as well as sites of danger and turmoil —shark infested waters, melting icebergs and refugee camps -- these paintings and drawings express the inadequacy of human perception to grasp the vast, shapeless complexities of powerful forces.
Opposing each landscape is an abstract gradient, where multiple colors or tones fade into one another in atmospheric, emotionally charged fields. With no indication of scale and lacking any solid form, the gradients provide open space into which the viewer can project their reactions and emotions.
About the diptychs, "I think of them as visual equations, where the resulting experience is very different than the sum of the parts. Each side transforms the other by its proximity," says Eric.


Todays Blue Ridge Parkway engagement comes to you from Revival Photography. Ashley (the bride-to-be) is the artistic one. She's always laughing, and loves people. Nicholas is the analytical one. He's a debater, but he's also a "goof ball" who can always make Ashley laugh. Ashely and Nicholas choose the magnificent Blue Ridge Parkway with it's sweeping mountain views and secret, woodland groves for their engagement session.
This is a beautiful engagement session!


text:
Q: NodeJS: Handling transactions with NoSQL databases? Consider a promise-chained chunk of code for example:
return Promise.resolve()
  .then(function () {
    return createSomeData(...);
  })
  .then(function () {
    return updateSomeData(...);
  })
  .then(function () {
    return deleteSomeData(...);
  })
  .catch(function (error) {
    return ohFishPerformRollbacks();
  })
  .then(function () {
    return Promise.reject('something failed somewhere');
  })

In the above code, let's say something went wrong in the function updateSomeData(...). Then one would have to revert the create operation that was executed before this.
In another case, if something went wrong in the function deleteSomeData(...), then one would want to revert the operations executed in createSomeData(...) and updateSomeData(...).
This would continue as long as all the blocks have some revert operations defined for themselves in case anything goes wrong.
Only if there was a way in either NodeJs or the database or somewhere in the middle, that would revert all the transactions happening under the same block of code.
One way I can think of this to happen is by flagging all the rows in database with a transactionId (ObjectID) and a wasTransactionSuccessful(boolean), so that CRUD operations could be clubbed together with their transactionIds, and in case something goes wrong, those transactions could be simply deleted from the database in the ending catch block.
I read about rolling back transactions in https://docs.mongodb.com/manual/tutorial/perform-two-phase-commits/. But I want to see if it can be done in a more simpler fashion and in a generic manner for NoSQL databases to adapt.

A: I am not sure if this would satisfy your use case, but I hope it would.

    let indexArray = [1, 2, 3];
    let promiseArray = [];
    let sampleFunction = (index) => {
        return new Promise((resolve, reject) => {
            setTimeout(resolve, 100, index);
        });
    }
    indexArray.map((element) => {
        promiseArray.push(sampleFunction(element));
    });
    Promise.all(promiseArray).then((data) => {
        // do whatever you want with the results
    }).catch((err) => {
        //Perform your entire rollback here
    });

async.waterfall([
    firstFunc,
    secondFunc
], function (err, result) {
    if (err) {
        // delete the entire thing
    }
});

Using the async library would give you a much elegant solution than going with chaining.

redpajama_set_name: RedPajamaStackExchange


text:
Peru: Gov't sets aside over US$42 million to hire health staff
Photo: ANDINA.
12:32 | Lima, Jan. 14.
The Peruvian Government has authorized the transfer of S/154.6 million (about US$42.6 million) to finance the hiring of health personnel assigned to the National Institute of Neoplastic Diseases (INEN) and regional governments.
The aim is to strengthen the response to the health emergency caused by COVID-19 in Peru.
This was established by Urgency Decree 002-2021, which was published on Thursday in El Peruano official gazette.
The regulation is aimed at setting out extraordinary measures —in economic and financial matters— which allow the health sector to secure the supply of services during the extension of the health emergency caused by COVID-19 in 2021.
Moreover, the decree authorizes the executing units of the Ministry of Health (Minsa), regional governments, regional health directorates, regional health management offices, the National Health Institute (INS), and the National Institute of Neoplastic Diseases (INEN), to hire personnel under the special regime stipulated by Legislative Decree No. 1057.
These staff are intended to provide care services at primary, secondary, and tertiary health facilities; in the Mobile Emergency Care System (SAMU); at temporary care and isolation centers; and at temporary isolation and monitoring centers; during the health emergency caused by COVID-19.
Likewise, it authorizes Minsa and regional governments to hire personnel to join humanitarian corpse collection teams, rapid response teams, clinical monitoring teams, as well as personnel engaged in support activities and strategic actions to ensure the normal operation of Lima's Ate Vitarte Emergency Hospital.
The regulation provides that the hired staff will be covered by the Complementary Risk Work Insurance (SCTR) as soon as the employment relationship begins.
(END) LIT/RMB/MVB
Gobierno destinará S/ 60 millones para primera fase de modernización de la PNP
Presidente Sagasti felicita a Joe Biden y expresa deseos de mayor colaboración


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Discussion in 'For Sale' started by Klausanta, Jul 13, 2017.
It's now nearly three years since I sold my 2004 Copen Turbo.
Before I put these items on eBay as a job lot, I thought I would offer them here on the forum first. Looking for an offer for the lot!
Collection only from CR8 (South Croydon near junction 6 of the M25).
1. Full set (left and right) of roof hinges with rams and sensors etc (I think the left hand set may have an issue as it was swapped over on my car).
2. Set of Daihatsu workshop manuals (2004).
3. Spare Copen alloy wheel fitted with a good/legal Bridgstone Potenza (165/50R15 73V) tyre (it may have a slow puncture or the tyre/wheel may need to be re-sealed).
4. Metal top roof control unit (as supplied via eBay never used or tested).
5. Roof hydraulic pump (as supplied via eBay never used or tested).
6. Daihatsu remote locking transmitter/fob (new).
7. Various boot lock and roof parts/motors.
8. Connector loom (maybe from boot).
9. Locking wheel nut set (new via eBay).
10. Exahust rear section (new via eBay).
11. Exhaust gasket (new via eBay).
12. A selection of sump plugs (two magnetic), sump washers and a boot bung (some new).
13. Set of Apec brake pads (new).
15. Daihatsu oil filter (new).
Please message me if interested.
You still have these parts?
Interested in a number of the parts. How do I message you for availability and prices?
I know you posted this a while ago .. but just on the off chance!
Do you still have the Key Remote or the Workshop Manual?
I just looked for a Copen breaking on Ebay, contacted the seller and asked it they had one, think it was around £20. Just make sure it's not the Cobra version off the 1.3 in case they don't know the diff.
Thanks for that info... Brilliant! I'll give that search a go!


Current Washington Capitals head coach Barry Trotz has not changed his forward lines at morning skate before Game Five. After a disastrous outing in Game Four, the top line remains Alex Ovechkin, Evgeny Kuznetsov, and Devante-Smith Pelly.
Tom Wilson's three-game suspension forced current Washington Capitals head coach Barry Trotz to change the top line for Game Four. On Thursday Alex Ovechkin had only one shot attempt during 5-on-5 play, a miss from center ice. His line got dominated, with the Pens out-attempting the Caps 21 to 6 and outscoring them 1 to 0, roughly the margin of defeat.
Current Washington Capitals head coach Barry Trotz's position on the line's performance has evolved since Thursday. "We're going through the tape right now," Trotz said after Game Four. After that analysis, Trotz said the top line "will have to get it together quickly," which might suggest that current Washington Capitals head coach Barry Trotz is not committed to this trio should they stumble early in the game.
We'll have more from Kettler later.


Gun stocks almost always soar the week after prominent mass shootings.
Stocks plummeted after Sandy Hook, but sales increased dramatically.
12/17/2012 – 12/23/2012, the week following Sandy Hook, 953,613 guns were sold.
The highest weekly total ever – 200,000 more than the 2nd highest.
Don't expect the firearms market to curtail.
Gun sales are on record pace for 2015.
And gun manufacturers continue to make lucrative profits.


Our new engine runs very strong and the diff controller did an excellent job of transmitting that power to the ground despite very slick road conditions at times!
"I ordered your universal dccdpro with factory Sti switches about two years ago formy 06 wrx with a 07 Sti drivetrain swap. It has always worked great and has performedwell at the track, I love it."
"my crew chief Matt has the controller [New Universal Controller]in his H6/6mtrallycross car and loves it. He won his class and the overall 2013 season titlefor DC region rallycross."
"Hey there, I own one of your DCCD controllers...love it!"
"He (Alex) loves your product [New Universal Controller]"
"Just wanted to send a note to say I absolutely lovethe way the controller [New Universal Controller]works.I put about 250km on the car yesterday and it worked perfectly. Thank you again for the help.A great product and great support. :)"
"I've had your product for years and love it in my street cars. We even run it in the Turn In Concepts time attack/TTR car"


text:
Manhattan School of Music Media
Woman who has played piano for more than 100 years explains why music is 'everything'
"Even on the piano there is a kind of gymnastics," says 103-year-old Collette Maze from France. "You have to keep moving. The human frame has to be supple."
Recently, the 103-year-old from France released a CD of her takes on the work of Claude Debussy, her favorite composer. Debussy, she notes, died in 1918 — when Colette was about to turn 4 years old.
With thanks to SpreadMusicNow for the post! Colette Maze, a 103-year-old woman from France, has been playing the piano for more than a century — a practice that she says not only contributes to her mental well-being, but also her physi…
View original >
Previous Photos from Manhattan School of Music's post
Next Happy Sunday! ☀ via NPR Classical


This project involved measuring up all vacant premises for a property management company. This enables the company to provide their prospective tenants with floor plans of the proposed premises they wish to occupy. The prospective tenant can then get the plans on order to do the planning for their new premises, space planning for the existing space to suit their needs in terms of required office space, new furniture, moving dates etc. Another service offered by Effects Interior Design, is issuing Area Certificates, stating the General Letable Area available for leasing.
Space planning is the process of utilising the available space in the most economic way in order to accommodate the clients' requirements within the available space, still ensuring that ergonomic guidelines are met in order to provide the client with a comfortable work environment.


Deciding to invest in healthcare businesses can be a smart way to diversify your assets while staying on the cutting edge of a burgeoning industry. With new technologies developing rapidly, the healthcare sphere is an exciting place to be. However, like with all new ventures, it's important to be smart about how you invest.
Just like any other industry, you should do your homework and thoroughly research major players before sitting down with a financial adviser. You'll want to make sure you're investing in a company that is poised for long-term growth. Also make sure you're investing in places that have the right people — not just a cool idea.
Not every business is on the up and up. It might not seem immediately obvious, but even in healthcare there are frauds. By being smart, and listening to warnings, you can find the right company to grow with while avoiding any problems.
Before digging into where to invest in the healthcare sector, you should take a moment to plan out your financial decisions. Investing in the health sphere has some particular aspects to it, but at its core you should prepare like you would for any other investment. This means sitting down, taking a few deep breaths, and looking before you leap.
The Securities and Exchange Commission (SEC) has some good advice on this part. For example, they suggest deciding how comfortable you are taking risks. Ask yourself if you want to dive into a company that is high risk, high reward or if you're looking for something a little more secure.
Once you've made a plan and established your comfort levels, you can start to research where you want to invest.Talk to experts and read up on industry trends. Once you feel like you have a good sense of the playing field, you can make a move.
First and foremost, you should be considering digital healthtech platforms. Telehealth and biotech companies are growing rapidly, and because of that, healthcare is poised to look very different in the next few years. In a lot of ways, technology is leading a healthcare revolution. Over $3 million is spent on healthcare in America; much of this budget could be shifted to tech platforms that make remote healthcare easier for both patients and providers.
If you're looking to invest in healthcare, this is where you should be doing it. Doctors' offices are rapidly becoming more and more digital. In some cases, physician and nurse practitioner consultations are moving entirely to telecommunications — like video chats.
There's also technology that protects patient privacy to consider. Nearly 87 percent of all doctors offices now use some form of digital patient record. This opens a whole new world of opportunity when it comes to choosing a place to invest.
It's important to double-check anyone you're considering investing with, and that includes the people who are handling your investments. The Financial Investment Regulatory Authority has some advice and tools for doing just this. They suggest asking a series of important questions that will help you decide if someone is a safe bet to handle your money — and then they show you how to double-check answers.
You can also do some background research before even talking with anyone. Tools like BrokerCheck will allow you to enter someone's name before working with them, and you'll be able to see their work record. This way you can make sure you're not only investing smartly, but that you're doing it with the best people possible.
So far as checking the companies that you want to invest with, there are a few ways to do this. One of the most common is to look up a company via the Electronic Data Gathering Analysis and Retrieval system through the U.S. government. This will give you direct access to a lot of crucial information about a public company before you invest, and it's a step that the SEC highly recommends.


text:
Attorneys in Ohio police shooting prep for…
Attorneys in Ohio police shooting prep for trial redo
By The Associated Press |
PUBLISHED: December 25, 2016 at 12:45 p.m. | UPDATED: May 17, 2018 at 4:25 a.m.
CINCINNATI (AP) — Prosecutors and attorneys have some studying ahead as they prepare for a redo of the trial of a former University of Cincinnati police officer accused of murder in a racially charged shooting case.
With more than six months after the first trial to prepare for their courtroom rematch, there are potential advantages for both sides.
Ric Simmons, an Ohio State University law professor and a former prosecutor, said prosecutors and attorneys will analyze what seemed to work and what didn't the first time.
"In that sense, both sides can learn from mistakes," he said.
Hamilton County Prosecutor Joe Deters said prosecutors talked to jurors after the Nov. 12 mistrial and that a majority were ready to find Ray Tensing guilty on voluntary manslaughter and a few also voted to convict on murder. That persuaded Deters to try again on the same charges, although he said he needs to do better in presenting the case against Tensing.
"I think that there were ways I could have couched my arguments differently," Deters said when announcing his decision.
Defense attorney Stewart Mathews also expects to have some changes.
"I think any time you do things twice, you do things differently," Mathews said after a Dec. 12 pretrial hearing.
Simmons said the prosecution benefits from now having seen "the defense theory of the case" laid out in the first trial. Defense attorneys usually go into trials knowing more about how the state will try to prove its case because of pretrial evidence disclosure the defense is entitled to.
But Simmons added that second trials can be tougher on prosecution witnesses — defense attorneys can use their testimony from the first trial to point out contradictions as they try to "punch holes" in the state case to create reasonable doubt in jurors' minds.
Jurors watched Tensing's body camera video of his July 19, 2015, confrontation with Sam DuBose, but the two sides offered opposing testimony about how it should be interpreted. They probably will consider ways to enhance their interpretations. Tensing's own appearance on the stand will also likely be deconstructed by both sides to develop different points to make if he testifies again.
The Tensing case is among fatal police shooting cases in three states headed toward retrials next year after jurors were unable to reach verdicts. The prosecutors are bucking a tendency by many jurors across the country to give police officers the benefit of the doubt on split-second decisions to shoot.
Judge Leslie Ghiz on Dec. 14 imposed a gag order in the Tensing case, citing "unprecedented and extensive media coverage" as she tries to limit pretrial publicity that could make it more difficult to seat a jury for the May 25 trial. She said she intends to keep the case in Hamilton County, although Deters said earlier he'd like to move it to another county to get jurors away from intense local attention that might have "seeped into the jury room" in the first trial.
In South Carolina, former North Charleston police officer Michael Slager, like Tensing, is a white officer charged with murder and voluntary manslaughter for the fatal shooting of a black motorist during a 2015 traffic stop.
In New Mexico, retired Albuquerque Detective Keith Sandy still faces a second-degree murder count in the shooting of a mentally disturbed homeless man during a 2014 standoff. A special prosecutor dropped charges against another former officer, Dominique Perez, following their October mistrial, but the incoming district attorney said recently he plans to make final decisions on whether to retry both men soon after he takes office next month.
Both Tensing and Slager testified they feared for their lives. Defense attorneys in the New Mexico case argued that the police shooting was justified after the homeless man, carrying two small knives, made a move toward a K-9 handler.
Philip Stinson, a Bowling Green (Ohio) State University criminologist who tracks police shooting cases, counts 78 officers charged with murder or manslaughter in on-duty shootings since the beginning of 2005. There have been 27 convictions on at least one charge so far, 14 in jury trials. Only one jury conviction was for murder. There have been 15 jury acquittals.
Associated Press writer Mary Hudetz contributed in Albuquerque.
Follow Dan Sewell at http://www.twitter.com/dansewell
For some of his other recent stories: http://bigstory.ap.org/content/dan-sewell


This tutorial explains how to combine / append two data sets in SAS. In SAS, there are various method to append data sets. It can be done with data step method, PROC SQL as well as procedure called PROC APPEND to accomplish it. It is one of the most frequently data manipulation task in analytics work. For example, you have multiple human records files from various departments of your company and you are asked to join them so that there would be a single file containing information of all the departments.
Note : The stacked data set is not sorted because we have not used BY statement.
Interleaving combines individual sorted SAS data sets into one sorted data set. You interleave data sets using a SET statement and a BY statement in a DATA step.
Make sure data sets are sorted before appending datasets. Datasets can be sorted with PROC SORT.
OUTER UNION CORR keyword is used in PROC SQL to concatenate two data sets. The CORR tells SAS to append data sets by name (not by column position).
The output of PROC SQL is same as the output of previous example.
If you want to append data and store it to another dataset, you can run PROC APPEND twice to do it. In the first PROC APPEND, it would create a base table ALLDATA (as specfied in the code below). If the dataset ALLDATA does not already exist, it would be automatically created by SAS.
PROC APPEND is faster than SET statement or PROC SQL UNION because it only reads in the data set being appended (i.e. the dataset identified by the syntax 'DATA=').
PROC APPEND is most useful when you use it in a macro. For example, you create a macro in which there is a loop for calculation of some metrics of multiple variables. In each iteration, it returns a data set which needs to be appended with the output of subsequent iterations so that once loop completes all the iterations, we would have complete data set.
Suppose you have two datasets having same variable names but the length of the common variable is different, It would throw a warning and it would not append datasets. To workaround this issue, we can use FORCE option to append the data sets.
Warning : It overwrites data.
The question arises " why do we use multiple set statement if it overwrites data". The next topic describes the application of multiple set statement.
It combines data sets by adding column from the other dataset. Unlike INNER/LEFT Joins, it does not require any primary or unique key to join two datasets.
Multiple SET statement can also produce cartesian product of two tables. It can be done with POINT= option.
3 Responses to "SAS : Combining and Aggregating Data"
what is the effect if we don't sort the data sets before appending?
If you are using BY statement in merging but dont sort the data then the code will error out.
As we know the mining services and its use then here is the advanced version of it for you by using it you can earn the more money and values, before using it's you have to read the best cloud mining companies reviews after reading the reviews you can select the best cloud mining services provider for you to start your mining.


Toni Storm Wrestling For Stardom, WrestleMania 35: Day Of, WWE Stars Talking Superstar Shake-Up - Wrestling Inc.
- Above is WrestleMania: WWE Day Of featuring candid moments from last weekend's show. The video included Vince McMahon and Kurt Angle hugging after his retirement match, New Day celebrating Kofi Kingston's big WWE Championship win, John Cena, Becky Lynch, and many other Superstars.
- NXT UK Women's Champion Toni Storm is headed to Japan to wrestle for Stardom on May 3, 4, 5, and 6. Storm will appear again on May 16 when the promotion goes to Korakuen Hall. Storm had previously wrestled in Stardom from 2016-2018 where she won the SWA World Championship and the World of Stardom Championship.
- As noted, the Superstar Shake-Up will take place on this week's RAW and SmackDown in Montreal. RAW Superstars, Liv Morgan and Ember Moon, both commented about the Shake-Up on Twitter. Morgan wrote, "I'm so shook for this shakeup y'all." Moon has been out of action due to elbow surgery, but did appear in the women's battle royal at WrestleMania. Moon commented, "Doesn't matter where I go. I got a lot to prove."
I'm so shook for this shakeup y'all ??


The Asian trend is going strong and you will need delicate tools like this one to be part of your rituals.
We know that the best bar tools are from Japan but if we talk about tea tools and bamboo, China succeeds by far.
This beautifully crafted strainer is made with bamboo from the region of Anji, Zhejiang, China. They drink tea for breakfast, lunch, dinner and of course... Between meals.


We first came across this baseball bat-shaped piece of meat several months ago when Mom was looking for something different to make. Normally between $8-9, they were on sale (hence the purchase). Paired with some tasty white potatoes, Mom said that the pork tenderloin was very simple to make, and in less than an hour, our family was sitting down to a delicious feast.
THE VERDICT: Excellent! The tenderloin is billed as extra lean, and it was. Any remaining fat the meat may have had dripped away while roasting in the oven. This Hormel product comes in several flavors. I've seen the apple bourbon, teriyaki, lemon garlic, and a few others. This week, it is on sale at Stop & Shop for only $6.99. The meat was so tender and juicy, and I did not find any weird pieces inside (I am known for being the one at the table to always find a piece of fat or cartilage in her meat). We didn't even need to top it with a sauce; the apple bourbon flavor was strong, but not overpowering. It was a great buy, and I can't wait to have it for dinner again. So much for me trying to be a vegetarian this year.