right now at 5:00, keeping the heat set on high. p triple digits in parts of the bay area. we'll let you know if there's a break in sight. also, be warned. not every donation you make is going to the cause you think. the scam police want you to know about. and history is made in thailand. a prime minister like they have never had before. the news at 5:00 starts now. good evening, everyone. thank you very much for joining us. i'm garvin thomas. the combination of heat and a holiday weekend is having consequences. some are concerned about what

will happen when the sun goes down and the fireworks come out, but the heat has also put a crimp in another type of celebration. george kiriyama is live at murphy park in milpitas with more on the story. >> reporter: garvin, the fourth is tomorrow, but that didn't stop this family behind us from coming out here this weekend to have some fun. today they're actually celebrating a family member's return to san jose from boston for the summer, the highlight of this afternoon was the red, white and blue pinata with treatreat s for the kids. part of an all-american picnic complete with american cupcakes, they had it all, family, food and fun. but they're also aware that today is a spare the air day. the bay area aqmd asking everyone to stick to gas grills but if you use a charcoal grill to not start it with lighter fluid because it causes more pollution. the family here is certainly aware of this. >> you know, we don't want to continue to put more stuff in the ozone layer.

>> everyone is barbecuing so just limit it maybe to one barbecue pit instead of four. >> reporter: and remember fireworks are illegal here in mill pete as as well as the rest of santa clara county with the exception being gilroy. if you're caught with fireworks you may be fined $1,000 for you could spend a year in county jail. we're live in milpitas, george kit yawn ma, nbc bay area news. a 27-year-old woman was struck and killed by an amtrak train in richmond today. the train was medical from straemt to san jose. emergency work hes responded at the train tracks near carlson and cutting boulevards at about 7:15 a.m. but the woman was already dead. no one on the train was injured. the incident caused delays to as many as eight trains traveling through richmond today. in san jose, one person is in the hospital tonight recovering from gunshot wounds after a shooting last night. the shooting happened on the 3200 block of loma verde drive. the victim was shot several times and rushedth to e hospital

in critical condition, say the police. they're investigating to see whether the shooting was gang related. a 50-year-old pilot is alive after his crop dusting helicopter crashed into a field of corn in the east bay this morning. the helicopter was flying just 20 to 30 feet above the ground when it went down near highway 4 on the outskirts of brentwood. the pilot was taken to the medical center as a precaution chblt the ntsb will investigate to determine the cause of the accident. no one else was hurt. the martinez police officers association is putting out a warning today about fake donation requests supposedly on behalf of an officer who recently died. the association was arert ared after learning about several fraudulent phone solicitations asking for money to help the family of brian carter. an 11-year veteran died following a diagnosis of nonhodgkin's lymphoma. the city t is holding a blood drive, however, in the officer's name this friday at city hall. a 44-year-old business executive is thailand's first

female prime minister. exit polls after today's election show the opposition party won a clear majority in parliament. she is the sister of a former thai prime minister ousted in a 2006 coup and lives in due buy to avoid jail on corruption charges. some members of the thai community in the bay area are not sure if the new prime minister will bring positive change. >> i understand that she's a proxy for her brother, and i also understand that she'll be changing the law to allow her brother to come back to thailand and assume that position. in fact, i have -- this is what i have heard. >> in bank cob, support hes erupted in cheers as they saw the exit polls. they hope the win will bring some political stability after six years of unrest, including a blockade of parliament, an assassination attempt, and public clashes with the army. an exxonmobil pipeline

ruptured near yellowstone in montana sending 1,000 gallons of oil in the river, prompting evacuations. nbc's chelsea rabido has the latest from billings, montana. >> reporter: for months, the yellowstone river has been creeping up over its banks. now that spreading water is streaked with oil. >> i'm just kind of reeling right now. you know, i can deal with the river problems because i have to deal with the river problems because i live down here. but this oil, yewe're not talki about one barrel. >> reporter: late friday night a 12-inch exxonmobil pipeline ruptured under the yellowstone sending up to 1,000 barrels up to the surface. more than 100 people were evacuated, returned to their homes once the area was deemed safe. exxonmobil's spokeswoman says they're not sure why the rupture occurred and they regret the incident. >> certainly we want a clean river for all of us to enjoy.

we all live here. so we're doing everything we can. >> reporter: disaster and emergency services workers say there's no immediate threat to humans, but the long-term effects are still unknown. >> you know, i don't know if it's getting in my water system. you know, i can smell it in the sump pump as it's pumping out. my home is in jeopardy. >> reporter: nbc news, billings, mon. next at 5:00, the national debt limit deadline looms. with congress split, is there any chance for a compromise? a couple of key republicans say yes and have stepped forward today. we'll show you who. where does the fbi draw the line on spying on citizens? can they track your every move? also, we'll take you shopping. tips on how to be thrifty thrift shopping. and dramatic warming around the bay area. we saw triple digits across the east bay. we're off our highs but here is

a look at current readings. 99, fairfield, 99 concord, 93 in san jose. we're looking west this evening without much cloud cover. where is our natural a/c? well, we may get a little cooling, starting tomorrow. your fireworks forecast coming

up.

. congress may finally reach an agreement on raising the federal debt ceiling after republican lawmakers showed they're open to the idea of eliminating tax breaks today. nbc's brian moore has the story from washington. >> the senate will come to order. >> reporter: congress has less than a month to raise uncle sam's credit limit.

but lawmakers are locked in a battle over a long-term cure for our nation's financial fix. democrats want to raise money. republicans are demanding massive consuuts. now a couple of key republican lawmakers are suggesting possible ways to compromise. >> jon kyl was in negotiations as you know with the vice president. he said there were certain revenue raisers and other areas that perhaps we could work on. >> reporter: senator john mccain won't say exactly what "revenue raisers" are, but he says he and some other republicans aren't necessarily opposed. it sounds a lot like what president obama and democrats have been asking for. but republicans insist that if revenue raisers is code for tax increases, that's a deal breaker. senator john cornyn says he's no fan of a debt ceiling extension but it may have to happen. >> the problem with a mini deal is we have a maxi problem. and that big problems aren't going to go away if you cut a mini deal. >> reporter: and he blasted an idea suggested by some democrats

that the u.s. constitution empowers the president to keep on spending, even if uncle sam goes over his credit limit. brian moore, nbc news, washington. for u.s. troops in keerg astan, it's already the fourth of july. service members at the u.s. transit center held a cookout to celebrate independence day. there were hamburgers and hot dogs, fireworks, games and music as well. the former u.s. air force base is a transit center for troops in afghanistan. the base is located at keerg stan's airport. it hosts service members and troops from france and spain. still to come, a summer weekend pastime. kris sanchez hit up the yard

tipsíb.)t help you this jimáls

gathered in paris today on the 40th anniversary of his death. ♪ >> people from all over the world flocked around the rock 'n' roll icon's grave to sing and read had his poems. morrison moved to paris to write in 1971, found dead later that year of a drug and alcohol overdose. 40 years after his death, though, some people believe he is still alive. doors' keyboardist and guitarist also visited the grave this morning. so who couldn't use a little extra space and a little extra cash? garage sales a great way to get some of each. bay area's kris sanchez has some tips to make sure your sail sle worth your weekend. >> reporter: is it alots of work getting ready for a yard oar garage sale. we have some tips to make sure you get enough bang for your buck. the first is letting people know where to find you.

these signs let you. >> i think we've done well so far. we've gotten rid of half our stuff. >> reporter: in just the first day, they made 400 bucks, toys, clothing, household items all well organize and ready to go. >> took a duster and a vacuum to everything first before i put it out just to make it more appealing. so it gave everything a fresh launder and made sure things were wrinkle-free for the clothes. >> reporter: block kwist also listed her sale on craigslist. proof read! we wanted to move this, but there was no address. we found this moving sale, well organi organized. the problem? competing with fourth of july festivities. >> we had pretty good very early morning traffic before we even got things set up yesterday morning. but then after midmorning it was at a virtue standstill the rest of the day. we finally closed up about 3:00. >> reporter: experts say timing is important, but so is variety,

which is what rupa is selling. >> i'm selling everything from furniture to arts and crafts, yarn, wool, books. i've got a mountain bike, christmas stuff, you know. all kinds of things. >> reporter: she's also doing two other things experts advise. she's priced to sell and willing to negotiate. >> as the days progress, i'll be reducing prices an see what happens. >> reporter: although garage and yard sales have a nice neighborhood feel, experts say remember your safety first. don't let anyone inside your house and keep your money very close. in san jose, kris sanchez, nbc bay area news. meteorologist nick owe kelly is here to tell us about this heatwave we're experiencing. and what the holiday will be like. >> yeah. one big question on people's minds, are we going to have fog for the fire woshgsz? i think we get lucky this year, it looks great. live picture, golden gate bridge, not lucky if you're in the traffic. lots of folks catching the views which are spectacular. clear excise, the marine layer

is kaput for today. let's show you temperatures, inland we're off our high temperatures by a couple of degrees but we made the triple digits in livermore, concord, san jose not quite. 70 in santa cruz just in the last hour we've seen a very weak sea breeze. we'll get that onshore flow back tomorrow. that's going to cool us down a bit. today we saw a bit of an offshore wind component keeping things dlie, the marine area pushed out to sea. and the satellite picture shows nothing. you have to go 200 miles out for cloudiness and fog. tonight i think it will re-form. it will bunch up against the coast, just won't move far inland. inland spots, another scorcher tomorrow, probably tuesday, too. remember we still have the spare the air day in effect until 9:00 p.m. also the heat advisory. you're dehydrated, hot, things can get out of hand. take shade and stay cool this evening. high pressure dominates our weather. computer model showing a little

bit of low cloudiness forming overnight tonight, after about midnight to 1:00 a.m. it will be gone quickly tomorrow so another bright and shiny day for us with very, very warm temperatures. tonight it will be slow to cool. little tough sleeping weather i think for some of our inland valleys. just down to 62 in livermore, 60 our low in san jose, 59 in los gatos. tomorrow, hot, gilroy, livermore, near century readings, not quite as warm as today. 91 san jose, 72 pacifica, right along the coast. we're back to the 60s and low 70s. san francisco today you got into the low 80s, tomorrow low 70s. not cold but cooler. 99 concord, 85 orinda, 91 in santa rosa, 92 in novato. so fireworks this evening look great. tomorrow we may see that little finger of fog, you know the one that comes right through the gate right down the city front in san francisco. that's going to be just about

it. otherwise, clear skies. now, kind of interesting here, we bump temperatures back up a couple degrees inland on tuesday. so the heat continues for at least a couple more days. then i think we're going to put it into cruise control. wednesday, thursday, friday, that marine air is rebuilding, little cooler toward week's end. >> thank you very much. let's get a check on what's coming up in sports with scott rees of comcast sportsnet. >> hi there, garvin. yes, sunday a first at wimbledon. we'll show you that. pluses, a first for one of these giants pitchers. find out why a great story is tb

.h:by hi there. scott rees. big day for sports. manager bruce bochy named his all-star squad. not surprised, his pitching staff is rely represented, brian wilson named to the team for the third time, tied for the major league lead with 24 saves. remember he was on the dl the first week of the season. tim lance coupincecum, matt cai all-star for the second time and for the second time won't pitch. he was on the dl in '09. this time he throws on sunday and won't go tuesday. ryan vogel song, one of the dream stories of the year. >> it's obviously a dream for everyone who plays this game to make the all-star team. before in my career, i mean, that's never, ever, ever been an opportunity for even a thought. so even when you guys were

asking me about it before, it was pretty gratifying, but to have it happen, you know, it 's dreamlike, just like everything that's happening to me this season so far. >> whether i pitch or not, it's still a great honor to represent the giants in a game that does actually have meaning. very advantageous for us to have home field advantage come playoff time. >> if you're wondering why they didn't seem so happy, because those interviews took place after this ball game against the tigers. ross finds himself a hole. sand value makes it 3-1 giants. back come the tigers in the seventh. a key error by tejada kept the inning alive. 4-3, detroit, then some insurance courtesy of brandon inge in the eighth. the tigers avoid the three-game

sweep at the handz of the giants 6-3 is your score. diamondbacks/a's, gio gonzalgon gonzalez named to his first all-star game, looking every bit the part. bottom six, 2-1 a's. connor jackson, did he get enough? yeah, he did off kennedy. a two-run shot, first oakland homer of the series. but not the last. same inning, sizemore going up top, kennedy felt like an all-star snub. then he went out and gave up seven runs. top seven, gonzalez getting it done, johnson waving. 7-2 a's winners. men's singles final at wimbledon, the defending champ na daud, djokovic. that will play. we go on to break and take the

set 6 huh-4, championship return, jokedjokovic his first d slam title. he is 48-1 in 2011. so the giants lose a game but gain four all-stafrs. much more on that coming up at 6:00. >> 48-1, a pretty good year. thank you very much, scott. >> that will play, yeah. when we come back, can thee

fbi track your every move

. qrn controversia the supreme court agreed this week to take up a controversial issue involving privacy in the digital age, a challenge to the police practice of secretly installing tracking devices in the cars of unsuspecting drivers. nbc's pete williams has more tonight. >> reporter: this california college student remembers exactly where it was found, hidden under his car. >> right over here. >> reporter: at first yauser didn't know what it was, two parts, maybe an antenna, stuck it to his car with magnets, found by a mechanic when he took his car in for an oil change.

when a friend blogged about the discovery, it became an internet sensation. two days later, afifi says he was stopped by an fbi agent. >> then he goes, did you find anything under your car? and i asked him, did you put anything under there? he answered, yeah. >> reporter: so he gave it back, but now he's suing the government. his lawyer calls it a frightening invasion of privacy and says the fbi should have to get a search warrant first, which it didn't do. >> that's really important because it ensures there are no civil rights abuses and they're not just searching individuals with very little suspicion or none at all. >> reporter: the fbi won't say why it was tracking afifi, but current informer agents say using a tracking device does not amount to a search because a car is driven on a public street where there's no expectation of privacy and where it can easily be followed. >> i believe this gps tracker device is no more intrusive than a physical surveillance on foot or in a vehicle.

>> reporter: most federal courts agree with the fbi, but some judges say when the devices are used to track someone for a long time, around the clock, they reveal so much detail it amounts to an invasion of privacy and illegal search. pete williams, nbc news, washington. >> now, it wasn't just the scent of roses but the sound of fidlersfidler s filling the air at the rose garden today. the santa clara valley fiddlers association jammed for free at the san jose rose garden today while the concert was free, the nonprofit association did collect donations for new equipment just before christmas someone broke into a storage locker and stole about $4,000 worth of their equipment. they hope to buy new equipment before labor day, which gives them plenty of time to practice before the annual youth fiddle contest in november. nick o'kelly, final check, fireworks, maybe tonight,