...Title UNITED STATES V. CURLIN Citation U.S. App. LEXIS 8426 (7th Cir. 2011 Unpub.) UNITED STATES of America, Appellee, V. Marcus CURLIN, Appellant No. 10-3033 History Marcus CURLIN was ordered by the Small Claims Court judge to vacate the property due to failure to pay rent. At the time of the eviction the deputies observed firearms in the house and Curlin was charged with possession of firearms due to earlier felony convictions which bar him from owning firearms. The defendant attempted to suppress the evidence on the plain-view doctrine and the violation of privacy, under the 4th Amendment to the Constitution, as the deputies entered his premises without a search warrant. The Seventh Circuit Court affirmed the decision of the trial court by denying the motion to suppress. Facts On October 17th, 2008, Curlin’s landlord filed a small claim action against Curlin, seeking possession of Curlin’s leased residence for failure to pay rent. The Notice of the Claim for possession of Real Estate and Summons were served on Curlin by mail and by delivery to his residence, however Curlin failed to appear before the Court as ordered. Due to Curlin’s failure to appear, he was the served with a second notice to appear before Court on the next date but he again failed to appear. Small claim court entered a judgment in favor of landlord. The clerk of the court based on the order issued an eviction order, ordering Curlin to vacate the property on or before 6:00 p.m. on Nov...
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...sometimes blatantly explicit lyrics in music today get overlooked or construed as being harmless. It is most definitely not harmless; something needs to be done about it. For my action/research project, I chose to assess the lyrics and album covers of popular music artists and to discuss the ways in which women are portrayed. It is extremely easy to find music CDs containing sexism. Look in your own collection; that is what I did. Lorde (1995) states that, “Sexism is the belief in the inherent superiority of one sex over all others and thereby the right to dominance” (cited in Gollnick & Chinn, 1998, p. 130). Two of the most outstanding examples of albums of this type that I found are Cherry Pie (Columbia Records Inc., 1990) by Warrant, and Great White’s … Twice Shy (Capitol Records Inc., 1989). Both of these, in addition to having very suggestive lyrics, also have cover graphics that portray women as sex objects; see Appendix A. I will start with a short discussion of Cherry Pie, both the cover graphics and the songs. The cover shows a waitress...
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...U.S. v. King Case Study Elise Flanagan BCC 402 Bobby Kemp 14 March 2016 Introduction The purpose of this work is to discuss the relevancy of the court case the United States of America v. Richard D. King, Jr. and the influence it had on future cybercrime cases. A description will be given as to how the Fourth and Fifth Amendments are applied to cybercrimes, as well as an explanation how the Fourth and Fifth Amendments were addressed in this case. Further explanation on how the King ruling may apply to other cases involving computers or other devices that contain electronic evidence is provided. The 4th and 5th Amendments Applied To Cybercrimes The 4th Amendment can be applied to cybercrimes, but not the 5th Amendment. However, the 4th Amendment’s protection in regards to computers, the Internet and cybercrimes can only be applied to data content, not all content. An example of data content is found within remote storage files on computers and private email interactions. When the data is non-content data, i.e. email addresses, there is no assumption of guaranteed coverage and protection ruled under the 4th Amendment. Unlike the 4th Amendment, the 5th Amendment cannot always provide legal protection to an individual. The federal court made such a ruling in 2012, asserting that personal computers lacked the coverage many assumed was in place after the 4th was seen as a viable use for protection of individual rights. Application to This Case The 4th and 5th Amendments were...
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...lower coupon rate ‐ less than it would have to pay on a straight bond Bondholders are not enOtled to vote => voOng control remains in the hands of the common stockholders Bond interest is a deducOble expense for the issuing company Delayed diluOon of common stock and earnings per share (EPS) ‐ ‐ ‐ ‐ ‐ Main components of the deal (1) Exchangeable Bonds QuanOty Face Value Coupon Maturity Bond Exchange Rate Exchange Property 9 000 $10 000 2% p.a. 31.7.2000 1 bond = 598.26 shares 5 384 355 shares of Land & Houses Warrants QuanOty 2 610 000 Exercisable 31.8.1995 – 23.7.1998 Exercise price 422.92 Baht 1 bond = 290 warrants (issued together, dealt separately ager 30 days) Loyalty Warrants 1 bond held 31.7.1995 = 167 warrants Exercise price = last month’s average share price Warrant Exercise Period 31.8.1995 23.7.1998 23.7.2000 31.10.1995 Bond Exchange Period 31.7.1997 31.7.1995 96 Loyalty warrants 98 99 31.7.2000 8 09/11/2011...
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...Arrest To Adjudication American International University CRSJ101 10/21/2012 Katisha Howard Abstract There are different types of search warrants. In this presentation I will talk about the different types of search warrants. Also I will discuss the process of the search warrant how it is sought and issued. I also will talk about what is probable cause. As well as the standards that is met by probable cause. A search warrant is a court order that allows a law enforcement agency to search your home, car, or the office for evidence. It must state what they are allowed to search in home, car and so forth on and what they are looking for according to http://answers.ask.com/reference/other/what_is_a_search. To get a search warrant the officer must persuade a judge that they have probable cause to believe they will find evidence of criminal activity in the placed to be search. The officer do this through an affidavit, which is an oral or written statement made under oath according to the link http://www.streetlaw.org/en/page/340/search_warrants_what_Are_They_and_How_Do_They_Work. In the report the officer only identify the placed to be search and items that are to be seized. If a judge believes the officer provided probable cause, the judge will then issue the search warrant. If the judge does not believe the officer provided probable cause the warrant will not be issued. The following link has an example of a case where a search was conducted http://sandarose.com/2012/05/officer-...
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...program which will consist of the subject relevant to search warrants, forth variation, potential cause, reasoning relevant to warrantless queries, etc. This important process is to give 30 authorities the information relevant to the types of queries and warrant searches. A warrant is somewhat of an authorization slip. It grants officers permission to search a particular place or area at a particular time and seize particular items. For example, if investigators from the local division believe you're engaged in trafficking or distributing cannabis out of your place of residency, they may ask a judge or magistrate for a warrant permitting them to search the residency and remove any drugs they find. The 4th Amendment states that queries must be reasonable and specific. A few of the warrant-less queries are approval queries, queries occurrence to arrest, queries during an investigative detention, vehicle queries, management queries, boat queries, boundary queries, and plain view queries.(Criminal Rights, 2008). The authorities can only look in the place described in a warrant and usually can only take the exact assets that are described in the warrant. The authorities cannot search for a home if the warrant identifies the lawn, nor can they search for weaponry if the warrant identifies cannabis vegetation. However, this does not mean that authorities can only take those products detailed in the warrant. If, in the course of their query, law enforcement comes...
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...The “How Kristin Died” case study discusses the inherent problems with organizational design and how it can have tragic implications for innocent victims. The case discusses the murder of Kristin and the difficulties she encountered when dealing with our bureaucratic system. For Kristin the court system failed her and this case outlines how the inefficiencies in the system can have a profound negative impact on other individuals too. Much of this case is related to organizational theory. Organizational theory is about organizational design/structure, the relationship organizations have with their environment and how individuals act within that framework. It is important to public administration because public administration is not exempt to the issues associated with design and structure such as redundancy and hierarchal roadblocks. In addition, public administration has a unique relationship with the environment as it can shape the environment it operates in dramatically. Communication issues within public administration are readily abundant as this case shows. Lastly, understanding of how individuals behave in the framework of public administration can shape how executives, middle managers and street-level bureaucrats act and perform their jobs accordingly. Understanding how organizational theory works and the impact it has on public administration may potentially prevent tragedies like Kristin’s from occurring again. Organizational structure is how an organization is setup...
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...have also served as a Platoon Leader and Company Standardization Officer as a Warrant Officer and I can honestly say that the leadership role of an NCO is not much different than that of a Warrant Officer. As an NCO I was directly tasked with leading, mentoring, training and caring for the Soldiers. As a NCO it was my personal responsibility to ensure that Soldier had a task and purpose, were counseled on their performance, and were properly trained to accomplish their mission on a daily basis. As a Warrant Officer, I provide mentorship to the Soldiers and show them what the standards are, lead them by example and always exemplify a level of...
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...Imagine you went to bed one evening, and one hour after you went to bed; you hear the door slam wide open. So you picked up your baseball bat thinking there were intruders invading your home. Well as the door slammed open in your room you took a whack at the intruders. It turns out the intruders were police officers who had a no knock warrant to search without notification. The No knock warrants purpose is for law enforcement officers to enter a without notification. The reason why the no knock warrant is a very useful thing is because it prevents the evidence from being destroyed like flushing down the toilet or throwing it in the trash and prevents the safety of the officers from being threatened like people getting a weapon. But there is a downside to having a No Knock Warrant like when police had a no knock warrant, and they bust down the door people are being terrorized because they think there are intruders invading their home. Because the police were performing a military style raid by using unreliable information and fake no knock warrants that got innocent people killed....
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...Subsequently, certain NPA-related documents and a firearm, allegedly issued and used by one Alias Cmdr. Pol of the NPA, are confiscated. Defendant denies being involved in any subversive activities and claims that he has been tortured in order to accept ownership of subject firearm and that his alleged extrajudicial statements have been made only under fear, threat and intimidation on his person and his family. He avers that his arrest is unlawful as it is done without valid warrant, that the trial court erred in holding the search warrant in his house for the firearm lawful, and that the trial court erred in holding him guilty beyond reasonable doubt for violation of PD 9 in relation to GOs 6and 7. Issue: If defendant’s arrest, the search of his home, and the subsequent confiscation of a firearm and several NPA-related documents are lawful. Held: Records disclose that when the police went to defendant’s house to arrest him upon the information given by Masamlok, they had neither search nor arrest warrant with them—in wanton violation of ArtIV, Sec 3 (now Art III, sec 2). As the Court held in Villanueva vs Querubin, the state, however powerful, doesn’t have access to a man’s home, his haven of refuge where his individuality can assert...
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...Case #186 Beep! Beep! Ah a new text from the headquarters. Hooray! I am getting transferred to Las Vegas. By the way I’m Jacky Serov, oh Inspector Jacky Serov. I’m a cop in Los Angles, and I’m getting promoted to Las Vegas as an assistant commissioner. We finally landed in McCarran international airport. Soon we left for the headquarters. I rushed to the commissioner’s room and stopped. I sighed and went in. Hmm, he looked strict. His name was Commissioner Vince McMahon. I saluted him and sat. “Welcome aboard officer” he said. Then took a minute and said “186”. Excuse me sir I said. “Your room number, 186” he replied. Here we go to room number 186. I went in and sat right on my chair. I wandered and looked around for a second. Then took the cases file and studied it for some time. I was about to close the file when I noticed Case #186, I opened it and it wasn’t complete. I picked up the telephone and called an officer. After a minute he came in and said “Yes sir”. I told him about the file, and he told me the whole story. The case was about a robbery in a jewelry store owned by Mr. Crabs Smiler. The suspect was James Leone, son of Mr. Leone, a famous business tycoon. James was drunk that night after he stole some wine, from the local liquor store owed by Mr. Sammy Sterell. Then I told him to get all the files of the case, and after he got them I went to the commissioner. Without knocking, I went right in. He gave me a very disgusting look. Then I quietly sat, then said...
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...OFFICE MEMORANDUM TO: XXXXXXXXXX FROM: XXXXXXXXXX DATE: December 3, 2005 RE: Office Memo on David Harrison’s Plain View Doctrine Case I. FACTS On July 30, 2004, the home of David Harrison was searched by two federal officers pursuant to a valid search warrant regarding his son, Joseph Harrison. The officers explained to Mr. Harrison that they had information linking Joseph, who also lives at the residence, to a drug trafficking operation. The search warrant specified that the officers could search Mr. Harrison's entire home, including the garage and any outdoor structures on his property, for any evidence of drug paraphernalia. In addition, the officers were permitted to seize such evidence under the search warrant. Mr. Harrison allowed the officers into his home to begin their search. Mr. Harrison's wife, Janine, was also at home while the officers searched the property. Joseph Harrison was not at home during the search. Mr. Harrison and his wife followed the officers through their home while the officers conducted the search. One of the officers searched the upstairs of Mr. Harrison's home while the other officer searched in Mr. Harrison's basement. While searching in the basement, the officer noticed...
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... Abstract In this paper it discusses the probes by which a search warrant is sought and issued, who issues and what is needed to issue it. Also discusses how the warrants are issued through the Fourth Amendment and why. Discusses Probable cause and what it is and the reason why it’s called probable cause. Talks about search less warrants and gives examples of several. The rationale for allowing warrantless searches. Also the rights that an officer has during a search and why. Items or rooms that may need an additional warrant. Criminal Justice Unit 3 The process by which a search warrant is sought and issued, in law search warrant is a written order by an official of a court. The warrant gives an authorization to an officer to search a person in a specific place for specified objects and to confiscate them if found. Under criminal code, a search warrant can be sought according to the constitution of a particular state. The objects required for a warrant may be stolen goods or physical evidence of the commission of a crime. (For example) Narcotics Smuggling, and Black Marketing. (Law Teacher.net) The constitution of the United States provides system of checks and balance among the legislative and judicial branches of government (The Fourth Amendment warrant requirement, 208). The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and taking possession by legal process. It also states that a search warrant may be issued only by...
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...CW3 David Lewis Knowledge Management Information Paper WOSC Class 14-005 14 November 2013 Knowledge Management Application in 1-3 Attack Battalion Within the Army organizations of today knowledge management plays a huge role in the dissemination of information to the unit and it’s soldiers. This is no different for the aviation unit in which I operate. This information can be found in FM 6-01.1, Knowledge Management Operations. It defines knowledge management as the process of enabling knowledge flow to enhance shared understanding, learning, and decision-making. But when the unit was surveyed about their understanding of knowledge management the results were surprising. Out of roughly seventy-two assigned aviators, I surveyed ten. These consisted of two senior aviators, two commissioned officers, two junior Warrant officers out of flight school, and four tracked aviators. When asked about what knowledge management was only the two senior aviators knew what it was, this is because they had attended the Warrant Officer Staff Course where they learned about knowledge management. All the aviators surveyed were surprised to find out that the Army actually had a publication breaking down knowledge management. After explaining what knowledge management was I asked the aviators to give me an example of how knowledge management was being utilized in the unit, all said the same thing; the reading card file. In aviation the dissemination of information is critical to the...
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...PROFESSION OF ARMS The purpose of this paper is to express a set of views on the ethical obligations of members of the American profession of arms in order to stimulate thoughtful discussion and broader debate about the proper limits of acceptable and effective professional conduct. These views are focused for most part on the obligations of commissioned officers, but they apply in many ways to the public and private conduct of senior non-commissioned officers, and indeed, all military members. They depend to a large degree on a particular understanding of the governing compact of this country and the behavior American citizens expect of their uniformed servants. The overall objective of the Army Profession of Arms campaign is for Soldiers and leaders to refine their understanding of what it means to be professionals expert members of the Profession of Arms after nine years of war and to recommit to a culture of service and the responsibilities and behaviors of our profession as articulated in the Army Ethic. Much of the initial discussion involving this campaign focuses on whether or not military service is a profession. Merriam-Webster's Dictionary defines a profession as "a calling requiring specialized knowledge and often long and intensive academic preparation; a principal calling, vocation, or employment; or the whole body of persons engaged in a calling. Based on the subtle differences between the definitions of a profession and an occupation, I...
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