♪ what did we learn on the show tonight, craig? ♪ [meow] [laughter] craig: we had to put the mouse back in like that because people were complaining that we shot a mouse. [laughter] we didn't shoot the mouse. it is a draw -- it is a little photograph of a mouse that we made go like that and guess what?

cats can't use guns. [laughter] actually i don't know if that is true. can cats use guns? geoff: no. craig: so it is impossible for a cat to shoot a mouse with a gun, but also even more impossible for a photograph of a cat to shoot a photograph of a mouse with a photograph of a tootsy frootsy gun! [applause] however -- don't want to upset anybody. good night, everybody. let's get. pete, did you forget yours? me pete, me use pen! (laughter) sorry i'm late, i was in the 16th century looking for pete's pen. (laughter) guys, guys. take it easy, ok? pete's mom is videochatting me, and she wants her pen back! ok, alright, well. i just got one. so... yeah, you've got a little... yep, i can feel the wet patch. don't look at it.

when it's on your mind, it's on ebay. . right now topper is tracking a cold front just arriving and bringing rain along with it. plus, new at 11:00, a local fourth grader bound up and taped by his own school teacher. and the government is at it again. >> it's not that difficult to take the time to put together a warrant. >> how cops can search for

anything in your cell phone without a warrant. this is 9news now. and there is a new debate tonight in the battle over big brother and its grip on american society. >> now a u.s. appeals court is giving the green light to a ruling that would allow officers to search your cell phone without a warrant. our ken molestina is live to explain. ken. >> reporter: yes, you know, as you would imagine, this is something that isn't going over well with everyone at the core of the argument is a question over whether this is a violation of the fourth amendment. >> citizens have a reasonable expectation of privacy. >> reporter: this attorney is well known in washington as a champion for fourth amendment protection. the new ruling isn't setting well with him. >> it's well known as a conservative court. i'm not surprised to see a decision of this nature. >> reporter: the opinion comes after a case where an indiana drug dealer was arrested and subsequently had his cell phone call log searched by police.

the officers didn't have a warrant or permission to do so. the appeal court ruled in favor of the police. the u.s. judge says the restrictions on warrants are relaxed with the passenger of a motor vehicle. >> i wouldn't be surprised to see an officer push the envelope but i would think a prudent officer would carefully read what the judge wrote. >> reporter: the ruling can only be enforced in the seven circuit jurisdiction. however, it may very well serve as a precedent in washington because the judge's opinion are held in high regard. >> it's certain anything he says is going to be given some degree. >> reporter: if you find yourself to be given up why you are phone without being arrested, he gives this advice. >> just because they're stopped doesn't mean you have the right to give up your fourth amendment rights. >> reporter: in the indiana case, the police used the suspect call log to try him to a drug dealing ring. that suspect was later convicted

and sentenced to 10 years in prison. new at 11:00, the sheriff's department is investigating the death of an infant in prince frederick maryland. deputies were called to the 4200-block of sixtense road and when they got there they found the body of a newborn baby in the trunk of a car. they know the owner of the car but so far there have been no arrests. the baby's body is at the medical office. a visually impaired 9-year-old boy says a dc teacher wrapped him in tape yesterday binding him to his chair. gary nurenberg is here to report what happened when his outraged mom confronted school officials this morning. gary. >> reporter: well, anita, what would you do if it was your kid? >> i went down to the office and i requested to speak with the principal. >> reporter: she had high hopes for the friendship public charter school on 19th street. 9-year-old christian was having trouble in another public school

last year. >> they kicked me. they punched me. they did everything. >> reporter: she hoped friendship public char would be better for a boy who has trouble seeing and sitting still. >> on a daily basis, he bumps into things. he stumbles around a lot and he it's difficult. he's a 9-year-old boy. >> reporter: and when he had trouble sitting still in a tutoring session wednesday, he said his teacher taped him to a chair. >> she took the tape and started going around and then right here, over here. there were two pieces of tape right here and one right here. >> his rights were violated. it's against the law. i mean, it should never, ever come to the point where someone is taped to anything ever. ever. if you're not a police officer, you have no right to restrain anyone. ever. >> reporter: imagine a fire here. >> i was taped to the chair.

not my legs, i was able -- i could try to get up like this so i had to do it like that. and then stand up. and then pull my legs back and then start like walking. >> reporter: what did you think when you were being taped to the chair? >> i thought my teacher was crazy. i thought my teacher was out of her mind. >> reporter: apparently, her mother said, the school agreed. >> at the end of the day, human resources made a phone call and she was terminated. >> reporter: well, this afternoon the school called 9news now that the teacher had been put on administrative leave but that was before the call saying she had been terminated. our attempts to reach the school tonight have been unsuccessful. anita. >> gary, thank you. a 3-month-old child is dead and police have questions about the home where she was found. they say it looks like it was operating as a day-care center but without a license. that home along the 13,200-block of sapphire ridge place in

bristow, virginia. police were called there about a child found unresponsive and that little girl was, indeed, pronounced dead at the hospital. police say there are no apparent signs of foul play, but the investigation is still in its early stages. well, another investigation. this one in silver spring, maryland. two cars racing on a busy road. an innocent driver is caught in the mayhem, her car is clipped and spun out of control and she is killed. her grieving widower is pleading for justice. he spoke through an interpreter today. >> i beg you, i beg you to please cooperate and tell the police department. >> this all went down yesterday. witnesses say the two speeding cars may have been a dark four door sedan and a green and white mini cooper. right after the accident, neither driver stopped to help. tonight in pittsburgh, a psychiatric clinic is a working crime scene. a man with two guns and some

kind of a grudge walked into the place today and started shooting. he killed one person and injured seven others. he was shot dead while trading gunfire with the police. >> he entered the building with two firearms. it appears at this point that he acted alone. >> no word yet on the killer's identity or motive. this all went down at a clinic at the university of pittsburgh. campus and pittsburgh city police responded quickly to the crisis. and by doing so, no doubt saved some lives. well, it is off to the slammer tomorrow for lesli johnson, the former prince george's county council woman scheduled to start serving her sentence in west virginia. and that's the same facility where martha stewart was jailed. she will spend one year and one day for obstructing into her husband's corruption scheme. he started serving his seven year sentence last month in

north carolina. and the former superintendent of the west virginia coal mine where an explosion killed 29 men will soon plead guilty to conspiracy charges. they are reporting tonight that federal prosecutors have requested a plea hearing for gary may. may has reached a plea deal in which he would admit to conspiring to safety laws and in return he'll help prosecutors in the investigation. he is the highest ranking employee to face charges. folks in maryland, get ready. you could soon be paying more taxes. the tax committee -- these proposals would increase the state income tax rate and cigarette tax as well as impose sales taxes on purchases over the internet. the committee will now send its budget bills to the full senate floor. tomorrow the maryland senate

will debate a bill that would ban cigarette smoking in a car if it has kids in it. while that may seem like common sense to some people, similar proposals have failed 8 times since 2007. this year's version would make it illegal for anyone to light up inside a car with a kid under the age of 8. and the debate over all of this was to be just as heated as this last year. >> parents are more concerned about their children than we will ever be. they have an vested interest in what happens to their children. this is another intrusion of government on their private life. >> i guarantee you if the 3-year-old had a lobbyist, they would be demanding we pass this law. >> six other states, including california, louisiana and arkansas, do have laws banning smoking in cars with kids. no one thinks smoking in the car with a child is a good idea, but tonight derek says trying to ban it is probably worse. >> anita, smoking is one of those tricky situations where a person's constitutional right to

do themselves in clashes with everybody else's right not to be done it at the same time. hence, smoking in public places is history in this country and good rid enz. but you don't have to be a smoker to think the state of maryland may be going too far when they want to come in your car with your own kids and tell you to put it out or else. look, we all want to rescue children, even from the foolishness of their own parents. but how much of your own freedom are you willing toe up to do that? as robert winstead said, i think we should give tickets to people that have fat kids and are eating while they're driving. what next? you can't smoke in your house because you have kids. we all want to keep kids safe. win the battle for hearts and minds. but let's be real, part of living in a free country is the freedom to make a really big mistake. to screw up royally, even if sometimes, sadly, you end up

hurting the ones you love. anita. >> thank you, derek. topper, let's look ahead. >> yes. 74 today. not a record high. but some kind of warm. still mild. we do have a cold front pushing in overnight. we're looking at showers and rain. by 5:00, they should be gone, though. at least -- except for maybe southern maryland in the 40s. 40s at 7:00 and 48 by 9:00. we'll come back and have a live look at doppler and tell you how much cooler it will be tomorrow and how much chillier over the weekend. still ahead tonight, 9 wants you to know that underage drinking isn't just illegal. it can damage your child's health forever. >> i don't care who you are, it damages your heart and your brain. >> and kids now are in danger like never before because many don't just sneak a beer, they drink the

9 wants you to know that alcohol is the most commonly used and abused drug among young people in the united states.

more than tobacco or ellis it drugs. the -- illicit drugs. the cbc says people drink 11% of all of the alcohol consumed in the u.s.. and 90% of it is consumed in the form of binge drinking. so what are the medical effects of huge amounts of alcohol on a still growing body? it's not just the liver that's at risk. >> the majority of these children are drinking half a fifth of vodka at one time. >> debbie taylor has been in the business of treating addiction since 1972. she is now the director of phoenix houses of the mid-atlantic where all ages can turn for help if drugs or alcohol are ruining their lives. >> i sat down with her at the phoenix house in arlington. what's changed in recent years is the number of young people they treat who are full-blown alcoholics and whose bodies are paying the price.

>> i'm seeing in treatment now kids in their 20s. 25, 26 who have failed out of college. coming to me with beginning cirrhosis and beginning pain kree ites. i didn't -- pancreatitis. >> she says parents have no idea how much their kids are consuming. she says this onslaught of alcohol alters the chemistry of the brain and what it takes to make a person feel good, sometimes forever. >> it has to do with the chemicals that you're putting in the brain. the more you put in, the less your body will produce of what should normally be there. >> most people know alcohol abuse can eventually destroy your liver, but taylor says many don't realize it's damaging effects on other organs, like the heart. >> the heart tissue will be affected causing heart arrhythmias. causing blood pressure fluctuation that's are not to be

believed. >> sometimes families don't know the problems until it's too late. but debbie taylor says it's on all of us to stop looking the other way. >> adolescents is the time when they will push whatever boundary is there until they're stopped. and we as a community need to say that's too far. you have gone too far. >> the cdc says other health consequences of underage drinking in huge quantities may cause impotence, higher risk of suicide and a gate way of abuse to other drugs, sometimes with lifetime addictions. if you suspect your child has a problem with alcohol, you can go to our website wusa9.com and look under 9 wants you to know under that tab at the top of the page. well, coke is tweaking its famous recipe. so is pepsi. both are changing the way they

make the caramel coloring. they are reducing levels of the chemical that has now been linked to causing cancer in lab mice. it mandates a warning label. now, they will not say -- actually they do say the change will not affect the look or the taste of their sodas. speaking of looks and tastes, how would you like to earn college credit for studying lady gaga, beyonce. the title, advanced special topics in women's studies. lady gaga, beyonce, gender and spectacular consumption. students will study fan's obsessions with the singer's fashions and performances and explore the way they experiment with gender roles. all right. now meet college student kevin lenahan. he is no hugh hefner and his dorm room not the playboy mansion. but he does have the heffner

mindset and it all centers around the hot tub he installed in his room. the hot tub and the open door policy. >> i leave my door open when i'm in. some people i've never met before with their swimming suits and towels. >> i'm glad they're brinking trunks. >> -- bringing trunks. >> he attends a school in ohio and says get that tub out of here. but kevin says they'll have to pry away his hot tub from his water-logged wrinkly fingers. >> now, you really think you need a hot tub? really? >> if you could have had a hot tub, would you have done it? >> that's too gross. i don't think so. [ laughing ] >> what about the people underneath him? >> kevin, where are your parents? >> in the hot tub. >>. [ laughing ] >> in the hot tub. >> without their trunks. >> oh. >> oh, hay. back to weather man. >> we're thinking about derek's let's be real. the best thing about it is you

can't smoke until they're 8. but after they're 8 you can smoke in the part. >> they put a limit on the law. >> where does that come from? >> we'll talk about it after you finish the weather forecast. people are waiting. >> okay, okay. let's get outside. a live look outside. i'm sorry. i get distracted. there is wisconsin. we're looking at very a summer-like night. temps are in the upper 60s. it's going to change. a cold front is going to roll through tonight. here is a look at our live weather cam. winds are still southwest at 20 and that is actually a sustained wind. they're still gusting over 30. they will turn northwesterly as we get into the evening hours and the early morning hours tomorrow. all right. here is a look at the radar. there is a pretty good line of showers and a few storms now between hagerstown and frederick. heavy activity by far is still out in the mountains. and you think we would probably get some thunderstorms with this. i don't think we're going to see any thunderstorms with the frontal system itself. they're going to move in very quickly and they're going to move out very quickly. right now we have a line of showers, maybe a rumble of

thunder up around the creek heading towards gaithersburg. we get rid of the showers pretty quickly. nothing in the immediate area. all of the showers back out to the west. the only problem tomorrow morning will be south of town. i think we'll generally have a dry commute except maybe for southern maryland. so mainly a dry commute tomorrow. breezy and cooler tomorrow. now, that said, it's still going to be in the 50s. and quite frankly, the actual high temperature will be the midnight temperature. so tomorrow's almanac will probably have 56 on it. much colder tomorrow night. we're talking 20s and 30s friday night. and then chilly on saturday. but bright but brisk on saturday. by 2:00 in the morning, we have some showers from gaithersburg south and east. generally light. a couple of spots of yellow. and then by 7:30 it's clear in most of the area. if you're in an early commute xomg up at 5:00, it may --

coming up at 5:00, it may be damp. winds become gusty tomorrow by dawn. next seven days, bright and brisk on saturday. temps struggle to get to 50. upper 60s monday. maybe a shower monday night. and then we got some showers in there but who cares. temps in the low 70s tuesday, wednesday and thursday. >> oh, my goodness. >> are you kidding me? >> it's like april. it's a month ahead so it fits. >> thanks, top. there is lots of sports story there is only one. >> is he or isn't he. that's the question apparently. but we won't have to wait too long. peyton manning is supposed to make a quick decision. but find out why the evidence does

now 9 sports with kristen

berset, the best sports in town. >> redskins fans seem pretty mixed on whether or not peyton manning should come to the redskins. some, of course, would love to see manning in gold. for you nay sayers, the evidence is pointing in your direction. manning is expected to make a decision within the week. both teams have reportedly reached out to manning, including the redskins along with the cardinals, jets, broncos and dolphins. but he apparently favors staying in the afc which excludes the redskins. we're also hearing that those in manning camps have made it clear that he doesn't want to come to washington. and we'll be monitoring manning's moves while he prepares to make his decision. yesterday he touched down in miami where he has a condo just hours after the press conference. it's a regular season had ended today, the capitals would be on the outside looking in. which means every one of their

remaining 16 games, including tonight's game, has become a must win situation. especially considering 8 of the games will be on the road. capitals closing out this homestand tonight against tampa bay. just tips it in with his stick there. big week for coin. two goals for the new daddy. johannsen takes it himself and we are all tied up at 2. overtime. the captain ov coming through again. capitals win in overtime 3-2. the hoyas today facing cincinnati in the big east tournament with just seconds left in regulation. hoyas down 2. porter got a generous roll. ot winding down. simms again takes it to the hoop. we're headed for a second overtime. in double ot, 11 seconds left,

wright banks it in. georgetown gets knocked out of the tournament 72-75. maryland and their acc tournament opener taking on lake forest. terps pulling away in the second. the leading scorer had a game high 25 points. big year for him. and then stoglin has a one-hand jam. virginia tech taking on clemson. four minutes left, hokies up 3. greenburg is pumped up. hokies win 68-53 but they face duke tomorrow. a great game nats fans missed. jackson getting the start and the win as the nationals win 8-0.

great finish in tonight's maryland 4 a semi final. eagles wright with the drive and the dish to bones. but the raiders of roosevelt wouldn't be denied and charles with the ball strong to the rack. look at them going crazy at the comcast center. roosevelt raiders win 65-63. >> exciting stuff. >> it was an exciting game there