>> but, first from fox at 3:00, everything has changed in politics. after three presidential contests and they different winners, it is off to florida where the outcome could be crucial. this weekend, the former house speaker newt gingrich pulled a come-from-behind win in south carolina and he has gained the lead new in florida. so, his chief rival is stepping up the attacks. >> the speaker was the only speaker in american history to have been reprimanded by his own members, by his republican members, 88 percent, reprimanded him and he resigned in disgrace. >>shepard: he says the ethic legislation that led the speaker to resign could give president obama political ammunition in a potential head to head match up. the new normal. and carl cameron live in tampa, florida, how are folks there reacting to what happened over the weekend, carl? >>carl: obviously a great deal of enthusiasm and curiosity and more to the romney attacks. he is going after him for receiving $1.6 million in fees for consulting to freddie mac and making the point that freddie mac was related to the housing clap that happened here in florida. and he arrived here fairly sparse crowd notwithstanding the signs behind me, a couple hundred people and he continues to shake hands with the audience and urged them to ignore the criticism from mitt romney chalking it up to a candidate desperate in defeat and trying to come back. here is newt gingrich on mitt romney. >> i have been told by a variety of people that governor romney has been saying unkind things. i prefer personally not to believe it. but on the other hand, if you have been campaigning for six years and you begin to see it slip away, you get desperate. when you get desperate you say almost anything. >>carl: he has wind if his sails and momentum and raised $1 million in the last 24 hours and hoping to put more in the bank. he recognized this is a difficult and expensive campaign to run in florida and the romney campaign has been on the air with much more money. this is a battle that will go all eight remaining days and there are two debates in the interim. those are the newt gingrich strong suits so he hopes that helps overcome the hurdles he has and disadvantages to miles per hour who is so much bigger in terms of money and men. >>shepard: and romney is hitting from all sides. >>carl: he is and not just greater his lips but also from tv sets. romney today is adding to his massive ad war on new criticism of newt gingrich is very tough. here is a sampling. >> while florida families lost everything in the housing crisis, newt gingrich cashed in. he was paid over $1.6 million by the agency that helped create the crisis. if newt wins this guy would be very happy. he writes it all off at baloney and today he said it used to be that mitt romney was offering aa pious baloney but now it is just baloney. >>shepard: the polls have changed in a huge way the last week. >>carl: well we should say poll because, really, we are only talking about the rasmussen survey, a one day poll which is more questionable in terms of results. and it was on a weekend. but it shows that newt gingrich has moved interest a significant lead here, nine points above romney, and that is a perfect expression of the kind of momentum that a big surprise victory can create in this process but, by the way, both ron paul and rick santorum far off the pace for third and fourth. but, when floridaians were asked over the weekend who they thought would be the nominee, mitt romney over 52 percent, over half, over 50 percent, and, 17 points ahead of newt gingrich, so, it is going to be a battle as it has been in every stating it looks like it will go to the wire. >> down to the last day of the month when florida finishes up the process. great to see you. and now analysis from the republican strategist who is joining us from washington, dc, a former pollster for giuliani campaign and dedicated to electing republicans in 2012 if he heads to the virginia victory campaign and c.e.o. of an investment company. pete, how much should we make of this turn around that clearly began with the voting in south carolina on saturday and continues with this poll in state of florida? >>guest: sure, look, it was just about a week where we were right here talking about how mitt romney was playing flawlessly and making few errors and what happenedded? as in politics he throws plea interceptions in a week and rather than looking like manning, he looks like a player that did not do too well. >>shepard: a lot of people have suggested that newt gingrich's other positions, over time, and some things about his own personal live are going to hurt him with social voters. so far it looks like beating the heck out of president obama is winching their thirst. >>guest: republican voters want a fighter. they want a conservative. they don't like the class warfare come out of the mouth of president obama. i think we will see more of that tomorrow night, in the state of the union, and president obama wants this to be about choices, about the "one percent versus the 99 percent," he doesn't want it to be a referendum on him, at all, so, south carolina voters like the fight they saw in newt and mitt romney needs to show a little grit. americans lover a comeback as iron mike tyson everyone says they have a game plan until they are hit in the face. republican voters want to see what mitt romney does next. >>shepard: what i have heard from many on the conservative side of the republican party, they don't feel like mitt romney has the fight in him. he comes off to social conservatives as sort of flat and in some cases i have heard it described at plastic. how could he shed that? going with the debate tonight? >>guest: well, he needs it show some fire. but he can't be a phony. he can't come out there. he is a fairly reserved guy so i don't advise him to go off the wall but show someone who can at the end of the day fight and win defense president obama and if you can't fight and win against newt gingrich republican voters are going to have a lot of concerns. but this is going to be a long, hard fought slog to quote rumsfeld, it will not end with florida. i believe mitt romney had an opportunity to go for the knock out in south carolina and it didn't happen and he got hit in the face. it will be ground hog day, six more wokes of this. >>shepard: florida will be excited. pete snyder live on capitol hill, thank you. a fox news weather alert. what a weekend. at least two people are reported dead and 100 others hurt after severe storms and what may have been tornadoes tore through parts of dixie. and now the news from center point, alabama, outside birmingham if you are not aware of it. the second hit in less than two years, and that building behind you, this looks awful. >>jonathan: it does, the communities like oak grove getting hit, once, again. this community where i am, center point, is not far from a city we reported on tornadoes in the late spring of last year, typical of the tornado activity in the spring but rare to see them in the dead of winter. but when we arrived it was very warm. surprised by how unseasonably warm it is. you can see one of two banks that suffered heavy damage in the tornado, and, shep, looters wasting no time going in, attempting to steal money, tonightly they were unsuccessful. back to you. >>shepard: jonathan, thank you from alabama. and now to the extreme weather center. tornadoes more rare, i suppose, but, we get tornadoes in every month in this country. how is it looking? >>guest: things have settled a little bit but the damage is done. as you can see, four states affected by what we thing were tornadoes and an es2 confirmed in arkansas with winds up to 135 miles per hour and there is the past 24 hours, as storm scraped through the south, fortunately, things are starting to die down and we have airline dies up and down the coast because of this system moving east. looking at the future radar, by monday night into tuesday it is over but look what happens interest wednesday, another storm from the gulf coast moves into texas, arkansas, mississippi, alabama, and, yet, again, the next several days. >>shepard: some of those areas could use the rain. >>guest: absolutely. >>shepard: the technology drivers use to find their way in unfamiliar towns could be an advantage for police tracking criminals but the supreme court just slapped a big restriction on the g.p.s. technology and that is just ahead with the details. and newt gingrich now a serious contender for the white house, so, why is president obama's campaign still spending so much energy going almost after mitt romney? 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[ male announcer ] and to fight your allergy symptoms fast, try new alka-seltzer plus allergy. >>shepard: the supreme court issued the first ruling on the g.p.s. tracking of suspected criminals. and every justice says police must get a search warrant before that officer used technology to track the vehicles of suspects. the unanimous decision reversed the cocaine trafficking conviction of a washington, dc nightclub owner. back in 2005 police installed a g.p.s. device on that suspect's jeep but didn't get a warrant first and used the device to help get him a life sentence tore conspiracy to distribute. the justice department ruled driver dozen not expect movements on public streets to be kept private. with us is fox news senior judicial analyst and host of freedom watch, judge napolitano. the question was, i guess if they followed you and witnessed you that is one thing but this device is another. >>judge napolitano: this was a difference on the court on the issue of whether a warrant would be needed to follow you but that is not the fact this this case. in this case they actually got a warrant from a judge in washington, dc for ten days. on the 28th day they put the g.p.s. on in maryland, so the warrant expired and it was in an area the warrant did not have jurisdiction and the supreme court unanimously says, no warrant, no intrusion. intrusion meaning putting the g.p.s. inside the car. that's the actual intrusion. that is prohibited by the 4 the the -- 4 the amendment. >>shepard: what does this mean for the rest of us? >>judge napolitano: profound. from found that it is unanimous. and it is from fund that the supreme court went out of its way to say with modern technology, the fourth amendment still applies and in the turn of a phrase of scalia it applies today with the same meaning and intention that the framers intended for its reply when they wrote it in 1789. >>shepard: does this change anything else about the way surveillance could take place? >>judge napolitano: probably hundreds of cases in the country awaiting the outcome of this, where police used g.p.s. devices without getting a warrant. they at least tried to get a warrant. they violated the terms of it and all of the cases depending on the facts but to the extent the police did what happened there will go for the defendant. maybe other evidence of the defendant's guilt buttest obtained by g.p.s. cannot be admitted. >>shepard: i am sure it has happened but i don't recall any unanimous decisions by the supreme court recently. >>judge napolitano: this court once in a while does come down with a unanimous decision. the decision last week about whether religious objections were prohibited from using a religious test when they hire people to work was also unanimous. what is interesting, both of the obama appointees rejected the argument, and both of the cases of the obama justice department. i can tell you, put a black robe on, be told you have the job for life, your opinions change. >>shepard: or they become known. >>judge napolitano: right. >>shepard: thank you. we will watch you for weeknights on fox business network on "freedom watch," 8:00 eastern and 7:00 east were. if you don't get the fox business network demand it. senator rand paul had a run in with the t.s.a. should you be able to touch my private parts even if i don't have anything going wrong? he says you shouldn't be able to. but really the law should not be able to do what the criminals can't? wait until you see this and fight over hundreds of pardons issued by the former mississippi governor heads to court. and taking stock of joe paterno's complicated legacy. wanna know the difference between a trader and an elite trader? it's this... the etrade pro platform. fast. beautiful. totally customizable. finds top performg stocks -- in three clicks. quickly scans the market for new trading ideas. it can even match options strategies to your goals and lets you see the potential risk and reward. and, it also comes with a dedicated elite service team. got it? get it. good. introducing new etrade pro elite. ♪ >>shepard: flags in pennsylvania at half staff an order from the state governor after the death of the long time football coach, joe paterno. days ago the family of the man said he was undergoing for minor complications linked to a battle with lung cancer and yesterday doctors confirmed the cancer spread and took his life. joe paterno had over 400 wins and two national championships over 46 seasons add head coach there. of course it came to a sudden end last year with the accusations the foam assistant coach molested at least ten young boys over a period of more than a decade and that joe paterno never reported one of those assaults to the police. and david lee miller is live on campus. what do we know about the funeral arrangements? >> funeral will take place at 2:00 on wednesday here at state college. tomorrow there is going to an public viewing and a public viewing early in the day on wednesday, and, then, on thursday at 2:00, a public memorial here on campus and that will be interesting in attendance likely thousands of students, maybe who are still angry at the way jap j.p. was fired, and, also, expected it show up many of the board of trustees, the ones who did the firing. >>shepard: times have been tough in mighty valley. i wonder how ... it is never easy, no matter the circumstances. >>reporter: this is difficult because a broad range of emotions here. but, predominantly a great deal of sadness. take a look over my shoulder and you can see the statue of joe paterno here outside the stadium, it is very cold, it has been raining thousand most of the day, and nevertheless a steady stream of people have come here to pay tribute to joe paterno. last night, thousands of students on campus held a vigil and one of the speakers was a former penn state player who turned pro, and he talked about the fact that joe paterno regarded here as almost super human, was, really, like everyone else. and he made mistakes. >> reality is joe paterno was a human being like the rest of us. he did make wrong decisions and he did maybe fail to make the right decisions, like the rest of us do, and like the rest of us do, he has done things in his life that require forgiveness and he has done things in his life that require redemption. >>reporter: many speakers made the same point time and time again and he taught them a value of a lesson: success with honor. >>shepard: david lee thank you. a judge set to hear arguments today over dozens of pardons granted by the former mississippi governor harbor. he issued them during the last days in office. you will recall the former governor of mississippi granded clemency to hundreds of people, including more than a dozen convicted killers. jonathan hunt is with us now in the newsroom in new york city. those convicted murders, some of them, could be headed back to prison now. >>jonathan: that is what a judge will decide today. whether those pardons were unconstitutional. if so, at least four of those convicted murders could be headed back to prison. as to all four, they were expected to be in the court today, although we are now being told that the one on screen right as you look there, the authorities have not now been able to find him. so, he won't be there. but, there will obviously be a quick search for him if, indeed, the judge rules the pardons were unconstitutional, and they should go back behind bars. >>shepard: the governor says a lot of this is more about politics than it is about the law. >>jonathan: he points out the attorney general is the only democrat-statewide official in mississippi and says this is about politics were the political opponents have misrepresented what he did and misrepresented the dangers posed by the criminals to the public. this is what he said on cbs "face the nation." listen. >> we had 26 out of the penitentiary half for health reasons and most out for years and years no more a threat to the people of mississippi than the week before they got their pardon. >>jonathan: the judge will not be ruling on whether the people are a danger to the public he will simply be ruling on whether their pardons were constitutional. that hearing will get underway in jackson, mississippi, in 35 minutes. >>shepard: jonathan will chat away about the story and the headlines throughout the news hour at foxnews.com/shep clicking on "on the hunt," link. we hear more of the conversations between the captain of singing cruise ship and officials on the ground. the captain promised to stay on board until every passenger got off. but we now know that didn't hand. not at all. because he said he "tripped and fell into a life boat." one of many stories in a live report ahead. plus, big changes to the makers of blackberry. boom. chief executive officers are out. what does that mean for the text messaging and e-mail? that is ahead. 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