Okuns Law Associations

In 1992, Okun gave two empirical associations linking the unemployment rate to real output, through simple equations. This association obtained the name Okun’s law. This paper describes the associations that get described as Okun’s law. The two associations of Okun stem from the examination that additional labor becomes required to create more products and services in an economy.Advertising We will write a custom research paper sample on Okun’s Law Associations specifically for you for only $16.05 $11/page Learn More Additional labor can emerge from various approaches, such as making employees work for more hours or employing more personnel. Okun supposes that the rate of unemployment can act as a valuable review of the quantity of labor that an economy uses (Cuaresma 439). The following is a discussion of Okun’s law versions. The Difference: First Relationship This first relationship demonstrates the way change in the rate of unemployment between quarters shifts with quarterly increase in real output. The version can be explained by the following equation. Change in the rate of unemployment = a + b (Real output growth) (Prachowny 333). This association can be referred as the difference version of Okun’s law. The association demonstrates the simultaneous relationship between changes in unemployment and the expansion of output. This is how expansion in output diverges concurrently with movements in the rate of unemployment. The factor b gets referred as Okun’s coefficient. We would anticipate a negative Okun’s coefficient, in order to associate swift output growth with a declining rate of unemployment. Conversely, a negative or slow output increase can be related to an increasing unemployment rate. Knotek (75) used quarterly information from the 2nd quarter of 1948 to the 4th quarter of 1960, to estimate the equation above, and he established several facts, as discussed below. Unemplo yment rate Change = 0.30 – 0.07 (Real output growth) (Knotek 75).Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Going by this approximation, a real output growth of zero in a certain quarter became related to a rise of 0.3 percentage, in the unemployment rate, during that quarter. The increase in rate of output, invariable with a stable rate of unemployment, was slightly above 4%. The figure of Okun’s coefficient indicated that every percentage point above 4%, of real output growth, became related with a decrease in the rate of unemployment of 0.07 % point (Knotek 75). The gap: Second Relationship Whereas difference Version depended on readily available macroeconomic statistics, Okun’s second relationship linked the unemployment height to the gap amid actual output and potential output. Okun tried to discover the amount that the economy would generate, in pot ential output, under circumstances of full employment. Okun thought of what he deemed, an adequate, low unemployment level, to create as much as feasible without creating lots of inflationary force, in full employment. Also, Okun thought that a high unemployment rate would, characteristically, be linked with redundant resources (Cuaresma 439). We would anticipate the actual rate of output to be less than its potential, in such a situation. An extremely low rate of unemployment became linked to the opposite scenario. Therefore, the gap version of Okun’s law takes the form illustrated below. Rate of Unemployment = c + d (Cuaresma 445; Knotek 75). The c, which is a variable, may be construed as the unemployment rate related to full employment. So as, to follow the above intuition, coefficient d should be positive. Full employment and potential output cause setback since both are not directly visible macroeconomic statistic. Particularly, they make a room for substantial elucidat ion on the side of the researcher.Advertising We will write a custom research paper sample on Okun’s Law Associations specifically for you for only $16.05 $11/page Learn More Production-Function Okun formulated the production-function versions after realizing another fault in his suggested relationships. He realized that the rate of unemployment was an alternative variable for the entire approaches in which output got influenced by redundant resources. This consideration founded production-function versions of Okun’s law, which usually merges a hypothetical production function to create output, using the gap-based version of the law. The Dynamic At some point, Okun made observations that both current and previous output could affect the present height of unemployment. Within the difference version of Okun’s law, this means that several related variables must have faced elimination from the right part of the equation. At present, sev eral economists employ a dynamic version of Okun’s law, basing on this submission. Variables on the right part of the equation, in a regular structure for the dynamic version of Okun’s law, should include past real output growth, current real output growth and past changes in the rate of unemployment (Knotek 77). The variables can then elucidate the present change in the rate of unemployment on the left part. In conclusion, Okun law has several versions. The first version demonstrates the way change in the rate of unemployment between quarters shifted with quarterly increase in real output. This first version depends on readily available macroeconomic statistics. Conversely, Okun’s second relationship links the unemployment level to the gap amid actual output and potential output. The dynamic version holds the principle that both current and previous output can affect the present height of unemployment. Lastly, production-function versions of Okun’s law, merges a hypothetical production function to create output, using the gap-based version of the law. These versions keep away from entailing powerful and, occasionally, contentious assumptions concerning the description and calculation of full employment and potential output. Works Cited Cuaresma, Jesus. â€Å"Okun’s Law Revisited.† Oxford Bulletin of Economics and Statistics 65.4(2003): 439–451.Print. Knotek, Edward. â€Å"How Useful is Okun’s Law?† Economic Review (2007): 73-103. Web.Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Prachowny, Martin. â€Å"Okun’s Law: Theoretical Foundations and Revised Estimates.† Review of Economics and Statistics 75.2(1993): 331–336.Print. This research paper on Okun’s Law Associations was written and submitted by user Regina Petersen to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Check Some Catchy Hooks for an Essay

Check Some Catchy Hooks for an Essay First, what is an essay hook? It is the first words or sentences of your essay. This helps quickly grab attention of the reader, and serves as an introduction to your text. After reading the first words, your reader will decide whether they want to read further or not. If you ask yourself Who could write my essay for me?, you can be sure that our writers will give you a hand. Also our experts have compiled a list of simple tips to help you write perfect college essay hooks. Start with a Quote Literary quotes are good hooks for essay about a book, a story or a particular author. Thanks to quotes, your essay looks fresher, and your words gain more confidence. Also you can use quotes from famous personalities. The main thing is to make sure that your quote matches the subject and style of your text. So you can reinforce your point of view with an additional argument. Use Anecdotes This type of essay hooks is used less often, as many are afraid to start with a funny story. However, a good joke doesn’t mean that all your text should be fun. A little bit of humor will surely grab the attention of the readers, so you can quickly interest them. Start with a Question The correct question will immediately generate the interest. Therefore, this is one of the best hooks for an essay. The curious reader will want to read on to find out the answer. Avoid questions that can be answered with a simple, unambiguous answer (yes or no). Your goal is to encourage the reader to reflect, providing him with arguments that will help find an answer. Expose a Misconception This is one of the best essay writing hooks. People like to learn something new and to be surprised. Start with an assertion that is a commonly recognized fact, and then disprove it. Now all the attention of your reader will be directed to your arguments. Conclusion Choose essay hooks depending on the topic of your essay and its style. If you prefer an emotional and imaginative style, jokes and live scenes will suit you. If you are dealing with a serious issue, start with a misconception revealing or an important question. If you write about literature, start with a quote of the particular author. A good hook is just the beginning. If you find it difficult to write an essay on your own, asking yourself Who could write my essay for me?, our qualified team are always ready to help.

Procedures in Collecting Forensic Evidence Essay

Procedures in Collecting Forensic Evidence - Essay Example The auditor would first check the design of the system and if he is satisfied with the design then he goes on checking the operation of the internal control system. The auditor must make inquiry of the management of the reasons for which the pervious auditor withdraws from the assignment. Management should be inquired as to the facts of not allowing the current auditor contacting the previous auditor. There are certain chances of irregularity in the financial statement or the withdrawal of the auditor may also indicate fraud. The auditor use both statistical techniques and non-statistical technique to select sample from any given population. When using the non-statistical sampling auditor uses his professional judgment to select the sample. The purpose of this type of sampling is to achieve satisfactory basis for the auditor to draw conclusion about the population. It is essential for the auditor to select a sample that represents population to avoid bias. The most common methods of sample selection are described below; In this type of sampling population is divided by a sample size to obtain s sampling interval. For example the auditor may select every 25th item from the population. The auditor should be careful if the population units are not structured in that way that the sample population represents a particular pattern (Pickett, 2006). This is the sampling technique in which the auditor selects a sample without following any structured techniques. With the use of this sampling the auditor avoid any biased selection, but it has no basis to justify the reason for which any particular item was selected. This sampling method is not appropriate when statistical sampling is used. In this method the auditor selects samples of contiguous items from the population. This type of sampling is not normally used in audit because the population is structured. It is only effective in

Unintended Consequences Essay Example | Topics and Well Written Essays - 250 words

Unintended Consequences - Essay Example Although some countries like Cuba and China maintained it. The aim of the country was not to create enemies and stir conflicts such as the Korean and the Vietnam Wars but, such were the unintended consequences. One notable blemish that the US sustained was the infamous massacre in Mr. Lai. In this incidence, platoons marched into the village and killed every person in the village including mothers, children, and infants. Since such occurrence was not something to be proud of, the country imprisoned the man who commanded the execution of the locals in the village. President Richard Nixon, sometime later, ordered that he be transferred to a better and comfortable apartment under house arrest. Ultimately, his sentence was reduced, and he served three years only. The deaths of such huge numbers of innocent people forced America, however powerful it was in the Vietnam War, to retaliate. The idea of subduing more nations through â€Å"foreign aid† and military is still witnessed today, something that is currently referred to as â€Å"Neocolonialism†. The rivalry between the capitalist US and the communist China is still witnessed

Organization and Communication Essay Example | Topics and Well Written Essays - 3500 words

Organization and Communication - Essay Example There are employees who feel threatened when they work with other people who are different with age, sex or culture (White 1999, p.477) Also, it could affect the increase in terms of cost of training as the management may have to provide seminars, programs and lectures to counteract the negative effects of diversity in the workplace. The employees need to be taught of accepting the different personalities and ideas or thoughts of their colleagues as well as deal with conflicts (White 1999, p. 478). Another negative effect is that a group for instance may encounter reverse discrimination which usually surfaces due to affirmative action policies. This is common to white males who feel that they have been discriminated unfairly as a result of certain affirmative action policies employed by the management (Brunner, 2003). Increase in conflicts may also arise as a result of the diversity in the workplace. Ignorance is the common root of the conflicts due to some negative dynamics like ethnocentrism, stereotyping and culture clashes. When one feels to be more superior than others, there arises a conflict (White 1999, p. 4 78). There may also be an increase in turnover or absenteeism (White 1999, p. 479). Mismanaged diversity may give way to minority group and majority group. The members of the minority group could most of the time feel less valued as compared to their counterpart which because of stereotype, ethnocentrism and prejudice. The abilities and motivation in this instance could be inhibited which further affects their job performance (Goetz, 2001). Every people in the world has already suffered stress in their lives but until now, the word â€Å"stress† is not yet given its full definition and explanation of what it is all about. When people are asked how they define stress and what makes them stressed, different answers usually come out and different factors are given as to the causes thereof. Stress is one

Risk Assessment of Sangrafix Video Design Company

Risk Assessment of Sangrafix Video Design Company Introduction SanGrafix is a technologically oriented company that uses cutting edge technologies in designing of mobile and PC platform games with market orientation. Due to the demanding nature of the gaming industry, the company has decided to perform a risk assessment to ensure they consistently continue to meet the customer demands without interruptions in service delivery. Securing of their network assets is aimed at ensuring they remain competitive in their productions. Aim of the security policy The risk assessment process can sometimes be a simple process i.e. noting a threat in a password written down on a note or some unlocked door to the sensitive data centers or rooms and seeking to address it. However, in some cases, risk assessment can be a complex task that may require a group of security assessment members and months to fully do the assessment depending on the complexity of the company and the sensitivity of the network assets to be protected (Davenport, 2013). A large environment may include multiple locations, complex network, diverse activities, a wide range of activities and resources that have to be evaluated. In risk assessment, you dont need to apply complex networking methodologies as the mainly you have to learn how to apply knowledge methodically to produce accurate and useful data. Approaching a risk assessment task without a predefined strategy could lead to wasting of resources, repetition of steps, low results or in a worst case missing the critical information. The executive management of SanGrafix Company is tasked with the responsibility of assessing all risks of injury and health issues that may result from the use of the companys resources to both the employees and customers of their goods and services. Satisfying this ensures that the company meets the government legal requirements and providing appropriate precaution measures to reduce these effects (Harrington, 2014). Risk assessment is a detailed analysis of the diverse factors that may present risks in the business environment. Health issues and accidents present adverse effects to the business as they can result in endangering of lives or damage to business products and other outputs. This can subsequently lead to legal suits and increased insurance costs. Risk assessment serves to address these issues and make a safer working environment for all the employees and customers. The most important factor in this type of assessment is the determination of the hazards present in working places and determining their significance i.e. electricity in the working environment is a huge hazard to the employees but if properly protected the risk it presents to the employees becomes insignificant. There are five steps involved in risk assessment of the workplace environment; Taking a tour of the workplace and to get a better understanding of all the processes involved in the workplace and identifying possible potential dangers. Talking to the other employees can help provide insights through opinions on how accidents have occurred in the past. Deciding on the affected parties as a result of a given potential hazard and to what extent is the risk harmful. The reviewing team should analyze who is particularly at risk i.e. new employees, trainees and expectant mothers. In addition to this the public in form of customers who are not familiar with the general layout of the company is at risk of being affected. The risk assessment team should evaluate on the existence of enough measures to counter these hazards i.e. through the use of precaution signs. For each risk established what are the preventive and protective measures put in place by the management to ensure risk is reduced. The assessment takes into consideration the legal requirements on health and safety of the law. Besides this, the assessment team should find additional measures that can be implemented to support the existing measures i.e. protective clothing and guard rails for hazardous places (Harrington, 2014). Recording of the findings of the assessment team indicating all the hazards reviewed and the recommendations to the management on how to deal with them. The findings should also evaluate the affected victims and what hazards are yet to be handled whose significance is reasonably low. The final step is for the reviewing of the findings and implementations of the recommendations given by the assessment teams. The team should also address the future handling of new machinery or work procedure implementations that might present threats allowing for a risk-free working environment. Risk Assessment Methodology As we have already established there are different approaches through which a team can carry out a risk assessment process. However, all these approaches have to ensure they have; Identified the potential threats/ hazards Identifying of the underlying risk Reviewing of the existing control measures Evaluation of the risks Implementation of additional control measures Recording of the assessment findings Monitoring and review Informing of the responsible bodies The identification of available hazards can be achieved through observations, interviewing the employees or through firsthand experience by working there. Additional data can be gathered through consultation of data sheets (COSHH), workplace inspections, hazard crib sheets, instruction manuals and accidents/ health issues data. The main focus should be on the hazards that are significantly harmful. In SanGrafix, the machine operators, members of the office staff, the public and maintenance personnel are at risk of general work hazards. Special attention should be dedicated to disabled staff as they are at the highest risk, lone workers, inexperienced workers and temporal staff. The assessment team should analyze the adequacy of the current control procedures and further create a ranking system to determine the residual risk (Hallikas, 2010). Evaluate the risk The significance of a risk is measured by the likelihood and the severity of its impact. Here is a ranking system for the risks in order of significance Highly likely Unlikely Possible Probable Certain There should also be a harm or impact severity ranking system Trivial injuries i.e. scratches Minor injuries i.e. cuts Major injuries ( an injury that could require a week to heal i.e. fracture) Major injuries i.e. amputations Death These two rankings will be used to give the residual ranking of the risk as Low, medium or high. If the risk is low then it can be skipped as it presents a negligible threat. Medium and high-level risks have to be mitigated to ensure that the potential risk is reduced to acceptable levels. SUNGRAFIX PROCESSES ASSOCIATED RISKS TARGETS OF THE RISK RISKS EVALUATION CONTROL MEASURES Game design treatment -quick review of the target audience and provision of unique features Reviewing of this risks is time and human resource intensive which translates to costs Risks of the idea getting stolen. Users Company management The idea being stolen could most likely affect the companys operations as it operates in a competitive industry. Circulate your design treatment to the largest possible number of users for testing and collect some feedback. If the result is positive then advances to the creation of demos can work out. Game preliminary design- discussing the games content, behavior, and rules in a qualitative way given theÂÂ   current situation. Missing of critical processes Production department The quality assessment of the product can reveal shortcoming that could result in additional costs The design phase is very important to the product and cannot be reduced as this could present adverse effects. Preliminary design roughly takes 5 to 10 weeks for the designer, and an additional 10 to 30 hours for the other people involved in brainstorming. Final design- the previous document re-write of products features . Whether we plan well or follow the best practices some designs will just fail. Thats the nature of business Design department Failing to capture the product features could affect the marketing strategies but rigorous counter checking can resolve the issue soÂÂ   impact is unlikely to happen Knowing in advance the parts that are disposable allows for the team to be able to deliver in time. Besides, the risky parts that are cut can be scheduled for later, so that if it needs to be taken out, so that the teams time and effort wont have been wasted. The product specification- details how the implementation of features adopted in the final design will be done. overtime, extra costs, in the last months of production and Delay of final delivery. . Design department These is probable if the team doesnt follow their schedule efforts should be dedicated to ensuring the product specification is as realistic as possible and thorough The graphic bible- determines the look and feel of the games props, maps, characters, etc. The appearance of the game should be in line with the predefined vision. Design department User acceptance of the games is highly dependent on the graphical feel hence should be prioritized. Testing of the prototype to get user feedback and implementation of the user feedbacks into the designs. The interactive screenplay Lack of User -involvement Design department Users expect an interactive game although its unlikely to happen it has major impacts on user acceptance Provide for a way through which users can interact with the system i.e. with dialogs and implementation of the storyline into the product. Distribution Failure of delivery or poor handling of products Supply department These can result in major impacts in declined user satisfaction Working on improving service delivery as it directly impacts the user satisfaction. Sales Lower supply than the production rate Marketing sales departments ensuring the customer gets their services to ensure they satisfy demand as gaming industry is a perishable service. convincing potential customers to purchase your products and services. Billing and Collections Losses Accounts The company has to gain a monetary value to be a business. Lack of a billing system could result in bankruptcy customers are required to pay for their goods or services Accounts Receivable managing of records on earnings Poor record keeping accounts This can lead to lack of accountability There should be a system to monitor records and generate reports Purchasing- acquiring the necessary inputs required to support production. Low production quality Low production Purchases Low-quality products will certainly push customers away Enhance production process to create quality products that can satisfy demand Accounts Payable- Poor accountability Accounts evaluating the expenditure of the company There should be a system to monitor records and generate reports Finance- Poor accountability accounts managing organizations monetary resources There should be a system to monitor records and generate reports Marketing- establishing willing buyers and establishing their needs and requirements. Research-. Small market share marketing This directly impacts the sales of the products and services analyzing market for new value sources in the business Product Development- Lower product recognition and acceptance levels Management marketing This affects the product acceptance levels Creating new strategies to promote products and services. Legal- seeking of legal advice and protecting against legal suits. Legal suits Public relations These can have adverse events that could have major impacts on the company image The company should look to settle outside the court as this could tarnish the companys reputation Human Resource Personnel- finding, recruiting, and compensating affected people. Under-staffing or overstaffing Logistics Understaffing or overstaffing may have certainly cause the company losses Without these data the human resource department cannot make the required plans to support its service delivery hence good planning should be done in advance Implementation of new control measures cases where the risks are not well controlled it is advisable to use new control procedures to ensure they reduce the chance of accidents happening, severity of the accident or both. The following hierarchy of controls helps in deciding what new controls are required Elimination: is it possible to get rid of the risk or the process causing the threats altogether? Substitution: can the current process be exchanged for an alternative that is less severe and risky? Physical controls: separation or isolation of the hazardous regions or processes. Eliminating contact with the hazards is effective through controlling accessibility to such regions Administrative controls: designing of the rule regarding contacts with hazards to creating safe systems procedures of working. Instructions, informing, training and supervision: informing people of the present hazards and training them how to deal with the hazards. Personal protective equipment: proper dressing can go a long way in reducing the impact or severity of the hazards. However, this should be used as additional counter measures and not as the primary and only control measure. Control measures should be easy to implement and practical, able to reduce risks, acceptable by the employees and easy to follow. Since the organization is continuously growing and uses new technologies every day, there should be re-ranking of the risks after implementing of new control measures so as to determine the new residual risk (Hallikas, 2010). Recording the assessment findings The assessments records are of paramount importance as they are usually required by inspectors. There should be records of all the risk assessments done and the implemented changes. Monitoring and reviewing The implemented control measures should be effective in performing the expected controls. Regular reviewing of the control measures should be based on new staff or changes in processes and acquiring of new machines. Informing the relevant stakeholders Its a legal responsibility of the organization to relay the findings of the assessment to all the relevant stakeholders who might be affected by its implementations. The workforce should also be notified of the new changes in control measures and the appropriate emergency procedures that have been developed. Conclusion The consequences of not delivering critical services and products are severe especially in a competitive industry in which SanGrafix operates. Preparation of the organization to potential threats helps reduce the risks and potential impacts of the disasters. Risk assessment allows for moderation of risks and continued delivery of services despite any disruptions (Nigro et al., 2011). Identification and analyzing of business processes has to be anchored to products, customers, orders, suppliers or a combination of all these. Caution should be exercised in the use of input -process- output model as the thinking framework guiding business processes. Customers to a huge extent are not concerned of the internal functioning of the organization resulting in service delivery or the transformational processes in production. In fact this is part of the bigger streams of activity that involve the unending loop between customers and their suppliers. Defining of the business process is an iterative and vexing process and is a result of committed hard work on continuous improvement (Harrington, 2014). References Davenport, Thomas H., (2013). Process Innovation: Reengineering Work through Information Technology.Harvard Business Press: Cambridge. Hallikas, J., Virolainen, V. M., Tuominen, M. (2010). Risk analysis and assessment in network environments: A dyadic case study. International journal of production economics, 78(1), 45-55. Harrington, H. James, (2014). Business Process Improvement. McGraw-Hill: New York. Nigro, G. L., Abbate, L. (2011). Risk assessment and profit sharing in business networks. International Journal of Production Economics, 131(1), 234-241.

Elvis Presley Essay -- essays research papers

Elvis Aaron Presley, in the humblest of circumstances, was born to Vernon and Gladys Presley in a two-room house in Tupelo, Mississippi on January 8, 1935. His twin brother, Jessie Garon, was stillborn, leaving Elvis to grow up as an only child. He and his parents moved to Memphis, Tennessee in 1948, and Elvis graduated from Humes High School there in 1953. Elvis? musical influences were the pop and country music of the time, the gospel music he heard in church and at the all-night gospel sings he frequently attended, and the black R&B he absorbed on historic Beale Street as a Memphis teenager. In 1954, he began his singing career with the legendary Sun Records label in Memphis. In late 1955, his recording contract was sold to RCA Victor. By 1956, he was an international sensation. With a sound and style that uniquely combined his diverse musical influences and blurred and challenged the social and racial barriers of the time, he ushered in a whole new era of American music and popular culture. He starred in 33 successful films, made history with his television appearances and specials, and knew great acclaim through his many, often record-breaking, live concert performances on tour and in Las Vegas. Globally, he has sold over one billion records, more than any other artist. His American sales have earned him gold, platinum or multi-platinum awards for 131 different albums and singles, far more than any other artist. Among his many awards and accolades were 14 Grammy nominations (3 wins) from the National Academy of Recording Arts & Sciences, the Grammy Lifetime Achievement Award, which he received at age 36, and his being named One of the Ten Outstanding Young Men of the Nation for 1970 by the United States Jaycees. Without any of the special privileges his celebrity status might have afforded him, he honorably served his country in the U.S. Army. His talent, good looks, sensuality, charisma, and good humor endeared him to millions, as did the humility and human kindness he demonstrated throughout his life. Known the world over by his first name, he is regarded as one of the most important figures of twentieth century popular culture. Elvis died at his Memphis home, Graceland, on August 16, 1977. It?s estimated that Elvis Presley has sold over one billion record units worldwide, more than anyone in record industry history. In America alone, Elv... ...d his legacy continues to reach new audiences. Half of Graceland's visitors are age 35 and under. On August 16, 1997, Elvis, via video, starred in an extravagant concert production entitled Elvis in Concert 97 at the Mid-South Coliseum in Memphis, Tennessee, accompanied live on stage by over thirty of his former bandmates and the Memphis Symphony Orchestra. The show played before a capacity crowd of fans who had come to Memphis from around the world to commemorate the twentieth anniversary of Elvis' death. Elvis broke the Mid-South Coliseum's all-time record dollar figure for box office sales. This concert was the prototype for the 1998/1999 touring production Elvis - The Concert. By being the first performer ever to headline a live concert tour while no longer living, Elvis made history again. The March 1998 tour included a three-show smash engagement at Radio City Music Hall in New York. The August 1998 tour included the excitement of Elvis' "return" to the Las Vegas Hilton with an eight-show engagement. The January/ February 1999 European tour opened with a sell-out at London's Wembley Arena and, in effect, marked Elvis' first-ever concerts outside of North America.

Search & Seizure, Open Fields Doctrine

MEMORANDUM ON DEFENDANT’S MOTION TO SUPPRESS STATEMENT OF FACTS Owyhee County is located in the south west corner of Idaho. The Owyhee Mountains fill the west portion of Owyhee County. Mud Flat Field and Marmaduke Spring are located in the Owyhee Mountains, in the west central portion of Owyhee County, south of South Mountain and north of Juniper Mountain. The Mud Flat Field is approximately two miles long from North to South. The south end of the Mud Flat Field borders the Mud Flat road. Over this road one can travel to Jordan Valley, Oregon, from Grandview, Idaho.From the Mud Flat road, a person enters the Mud Flat through the locked gate or through another, unlocked, gate. The unlocked gate is approximately 25 yards east of the locked gate. In July 1995, a number of persons, including *** Bennett, had keys to the locked gate. Near the south end of the field is a set of corrals. Defendant *** Tobias’ cabin is approximately a quarter mile east of the corrals. The cabin is not visible from the corrals. In the summer of 1995 the defendants Tobias and *** Black, were running cattle in the Mud Flat field and adjoining fields.Marmaduke Spring is located about a quarter mile west of the northwest end of the Mud Flat Field, over a saddle from the field. On July 21, 1995, an Idaho Air National Guard helicopter pilot, *** Brummett, flew a mission over the Owyhee Mountains. While flying over Marmaduke Spring, Brummett saw a number of dead cows. Brummett initially observed the cows from the air; he then landed his helicopter and inspected the cows on foot. Brummett found *** Bennett’s truck parked near the north end of the Mud Flat Field. The truck was approximately a quarter mile east and over a ridge from the dead cows and the spring. Bennett was not at his truck.Brummett left a note on *** Bennett’s truck after he inspected the cows. The note identified the location of the massacred cows. When Bennett came back to his truck and read the not e he walked over the hill to examine the cows. Because Bennett ran cattle on the ranch adjacent to and west of the Mud Flat Field, and had cattle in the area, he was afraid that the cows might have been his own. He found a number of swollen dead cows. What he saw caused him to leave and contact the Owyhee County Sheriff’s Office (OCSO). At approximately 6:00 p. m. on July 21, 1995 Bennett returned to the Mud Flat Field and Marmaduke Spring.He brought the Owyhee County Sheriff, Tim Nettleton, Owyhee County Sheriff’s Deputy Jim Bish and an Idaho Deputy Brand Inspector, Chuck Hall, with him. They got onto the Mud Flat field through the locked gate using Bennett’s key. They inspected the dead cows. The cattle had been shot through the head and were lying on their left sides or were on their bellies. Each had at least one ear removed and each had an 11 inch by 11 inch (approximate) patch of hide missing from the right shoulder; The significance of the removal of the ear is that a numbered (â€Å"Bangs†) tag is attached to the ear.The owner of cattle can be determined by the tag even if the brand is destroyed Some of the cows had bled. The cows were tentatively identified as *** King’s. Gordon King’s brand is a â€Å"Heart-K† on the right shoulder; exactly where the hide had been cut from the cows. The cows appeared to have had calves nurse them after they had been killed. After inspecting the cows, Bennett, Nettleton and Hall went to the Mud Flat Corral and found Tobias. They told him what they were doing and asked him whether he had seen anyone in the area during the past few days.He denied that he had. The following day, July 22, 1995, law enforcement officers, lab technicians and citizens returned to the Marmaduke Spring area to try to figure out what happened. During that day *** King found a Charolais cross calf in the Mud Flat Field. This calf had an open wound on its right shoulder from where a â€Å"Heart-Kà ¢â‚¬  brand had been skinned. The calf had a new â€Å"T-cross† brand on its left hip. Officers and cowboys found 12 skinned and rebranded calves during the next few days. Two calves were found in Tobias’ and Black’s Mud Flat Field.The remainder of the calves were found in an allotment Tobias and Black shared with their neighbors, the Colletts. Each calf had a chunk of hide missing from its right shoulder, some had new ear marks, and each had a new â€Å"T-cross† brand. Skin, hair and blood samples were taken from the skinned calves and the dead cows. The samples were sent to the Stormont Laboratory for DNA testing. The tests established that at least eight of the calves came from eight of the dead cows. An Idaho brand officer, Chuck Hall, was near the corrals and saw saddles in the back of Tobias’ pickup.On one saddle’s horn wrap Hall saw what appeared to be a fairly fresh spot of blood pressed into the wrap. Hall is an experienced cowboy and his opinion was that blood may have come from one of the cows or calves. Hall cut a small piece of leather containing the spot of blood off the saddlehorn wrap. Later, *** Black claimed that saddle. When asked at the preliminary hearing why he took the piece of leather, Hall said, â€Å"I saw it as evidence, and if I hadn’t taken it at that time I may not have ever seen it again. † (PH, p. 572. ) The leather and blood were sent to the Stormont lab.The lab determined that the spot was blood and that it came from one of the stolen calves. On July 21, when Nettleton first saw the dead cows and told Tobias about them, he saw the blood on Tobias’ pants. The following day Tobias was wearing the same pants. Nettleton decided, based on his experience as a cowboy and a hunter, that the blood pattern on the pants was unusual. It was not the pattern of blood as it usually appears on the pants of a cowboy, or a hunter. Blood on the pants of a hunter or cowboy will be wi ped on from wiping off either hands or knives or as specks from the spray of cut small arteries.The blood in this instance was smeared and soaked onto the thigh area of the pants and had dripped down onto the cuff area. Nettleton believed that the blood may have come from the cows and calves. He believed that the blood pattern came from Tobias’ having laid the skinned patches of cow and/or calf hide on his pants. The patches of hide from the cows and calves were never recovered. Near the end of the day of July 22, Nettleton approached Tobias and told him that he had probable cause, but did not want, to arrest him. Nettleton asked Tobias for his pants.Tobias asked Sheriff Nettleton what would happen if he did not give Sheriff Nettleton the pants and Nettleton replied that he would have to arrest him. Tobias consented to give up the pants. The pants were sent to the Stormont lab and DNA tests were performed on them. The tests showed that blood on the pants matched that from one of the dead cows. DEFENSE ARGUMENTS The arguments are set out in Tobias’ â€Å"Memorandum in Support of Defendant’s Pretrial Motions. † I. THE THRESHOLD MATTER BECAUSE TOBIAS HAS MADE NO SHOWING THAT HIS UNITED STATES CONSTITUTIONAL FOURTH AMENDMENT RIGHTS HAVE BEEN VIOLATED, THIS COURT SHOULD NOT CONSIDER HIS ARGUMENTS.As a threshold matter, this court must determine whether Tobias has standing to assert a violation of the 4th Amendment to the United States Constitution. In order to show standing Tobias must show that the search or seizure violated his own privacy, liberty or possessor interests. Rakas v. Illinois 439 U. S. 128, nt. 1, (1978); Smith v. Maryland, 442 U. S. 736, 740, 99 S. Ct. 2577, 2580, 61 L. Ed. 2d 220 (1979). Tobias has an obligation to demonstrate, by affidavit or testimony, that any of his privacy, liberty or possessor interests have been violated. Tobias has not shown either a subjective or objective expectation of privacy.The facts demon strate that Tobias and Black had little, if any, expectation of privacy in the Marmaduke Spring kill site, in the Mud Flat field, in the Mud Flat field corrals, in the open back of Tobias’ pickup truck, in the federal allotment that Tobias and Black shared with the Colletts, in the dead cows found near Marmaduke Spring, in King’s calf found in the Mud Flat field, in the running irons found at the Mud Flat field corrals, in the running irons and blood spot found on the saddle which was located in the open back of Tobias’ pickup truck at the Mud Flat field corrals, in the bloody pants that Tobias was wearing, in the calves found on the federal allotment that Tobias and Black shared with the Colletts, the Marmaduke Spring, the Mud Flat corral, the Mud Flat Field, or his pickup. Tobias has shown no ownership interest Marmaduke Spring. He has shown no violated privacy interest in the Mud Flat Field, or the Collett/Tobias/Black allotment. Tobias has not claimed an own ership interest in the evidence seized from the deceased cows, the calves or the saddle leather.Therefore, the court should not consider his arguments nor grant his motion to suppress regarding this evidence. II. THE MUD FLAT CORRAL SEARCH ARGUMENT THE MUD FLAT CORRALS WERE OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION BECAUSE TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THEM. The state will first analyze Tobias’ reasonable expectation of privacy in the corral area. The analysis of his interest in the Mud Flat field, the federal allotment that Tobias shared with the Colletts, and the Marmaduke Spring kill site, will be substantially the same. If the court finds that Tobias had no reasonable expectation of privacy in the corral area, then it should find that he had no reasonable expectation of privacy in the other areas.In order to determine if the Fourth Amendment applies, the court has to determine if the person objecting to the search or seizure has a reasonable exp ectation of privacy in the place searched or the thing seized (because if there is no reasonable expectation of privacy violated there is no search or seizure), if there was a search or seizure, if the state was involved, and, finally, if an exception applies. Should this court consider Tobias’ search and seizure claims it should consider that the facts show diminished and missing subjective and objective expectations of privacy. The Fourth Amendment prohibits only those searches and seizures that are â€Å"unreasonable. While the appellate courts presume that warrantless searches are unreasonable, the state rebuts this presumption when it demonstrates, by a preponderance of the evidence based on the totality of the circumstances, that the search was reasonable. The state can also rebut the presumption when it shows that the search came under one of the exceptions to the warrant requirement. In other words Tobias must show that he had a reasonable expectation of privacy whic h was violated. A. Open Fields The Fourth Amendment â€Å"protects people, not places. What a person knowingly exposes to the public, even in his home or office, is not a subject of Fourth Amendment protection. † Katz, 389 U. S. at 351.The person must have an actual, or subjective, expectation of privacy, and the expectation must be one that society will recognize as reasonable. Katz, 389 U. S. at 361. Federal courts have consistently held that there is no constitutionally protected privacy interest in the area outside of the curtilage a home. In Hester v. United States, 265 U. S. 57 (1924), federal agents entered onto Hester’s lands looking for, and finding, his illegal still. The court held that the Fourth Amendment did not protect open fields. The Court reiterated that holding in Oliver v. United States, 466 U. S. 170 (1984), and United States v. Dunn, 480 U. S. 294 (1987).In Oliver, the officers acted on anonymous tips, ignored â€Å"no trespassing† signs, a nd found secluded marijuana fields on private land. The Supreme Court again held that open fields do not provide the setting for those intimate activities that the Fourth Amendment is intended to shelter from government interference or surveillance. Therefore, there is no reasonable expectation of privacy, even though the police are trespassers in the unprotected areas. In Dunn narcotics officers trespassed onto Dunn’s farm. They climbed over fences and crossed open fields. They avoided the house but went to the barn and other outlying structures. They crossed over more fences and looked inside, but did not go inside, the barn.The Supreme Court said there was no Fourth Amendment protection in the area where the trespass occurred. The Court discussed curtilage concepts and factors such as distance from the residence, enclosures surrounding the residence, the uses to which the area was being put, and owner’s efforts at concealment. It then ruled that the open fields doct rine applied. Although the Idaho appellate courts have found the federal definition of curtilage unduly restrictive, they nevertheless analyze curtilage similarly. In State v. Kelly, 106 Idaho 268 (Ct. App. 1984) and State v. Young, 107 Idaho 671 (Ct. App. 1984), the appellants asked the court to examine Oliver‘s effect on Katz and Hester. The court of appeals declined to do so.The court did not agree with the appellants that the evidence should have been suppressed. The court also examined the federal cases in relation to Idaho’s constitutional law. It decided the cases by determining that the defendants had exhibited no reasonable expectation of privacy. In Kelly, the court commented that the officers seized the marijuana after going over the defendant’s insubstantial barbed wire fence. The court also noted there was no evidence of â€Å"no trespassing† signs. In Young, the court said that while the officers had initially encountered a gate, a fence and â€Å"no trespassing† signs, they had walked around them to an area where there were no signs, gates or fences.The officers then entered Young’s land and saw the marijuana. Tobias, in his brief, implies that under no â€Å"stretch of the imagination† can the search at the Mud Flat corrals be justified. He suggests that the Mud Flat corrals are within the curtilage of his cabin and are immediately adjacent to his cabin. (Deft’s Mem. , p. 7. ) To support the argument, he cites a number of other state courts as having held that corrals â€Å"are within the constitutionally protected ‘curtilage’ of a farmhouse. † (Deft’s Mem. , p. 8. ) To suggest that corrals are by definition within the curtilege of a house is to expand the definition of curtilage beyond Idaho law.Curtilage: encompasses the area, including domestic buildings, immediately adjacent to a home which a reasonable person may expect to remain private even though it is acc essible to the public. State v. Cada, supra; State v. Clark, 124 Idaho 308 (Ct. App. 1993); State v. Rigoulot, 123 Idaho 267 (Ct. App. 1992), emphasis added. It is clear from the photographs and from the preliminary hearing testimony that the corrals are not †immediately adjacent to a home. † Clearly, the corrals are not located within â€Å"a small piece of land† around the cabin. (See attached photograph. ) Tobias’ cabin is concealed from the corrals. There is a tree-covered ridge isolating the cabin from the corrals.Tobias’ cabin sits below the ridge. His cabin is approximately a quarter mile from the corrals. The corrals are not part of a barnyard immediately adjacent to a home. Their association with the cabin is that they are along the road leading to the cabin. The road ends and the path to the cabin begins, near the corrals. While the corrals are not clearly visible from the Mud Flat Road, they are easily seen from the road that goes through the Mud Flat field and on to Bennett’s ranch. There are no special fences that set the corrals and the cabin apart from the rest of the Mud Flat field. The corrals are within sight of, and on the edge of, the Mud Flat field.The corrals are presumably used for the livestock within the Mud Flat field. As can be seen in the attached photograph, many paths lead to the corrals. Both in use and location, the corrals are more closely associated with the Mud Flat field than with Tobias’ cabin. It is fair to characterize the corrals as outside the area that â€Å"a reasonable person may expect to remain private,† therefore outside the area included in the cabin’s curtilage, and therefore outside the area of Fourth Amendment protection. B. Plain View However, if the court includes the Mud Flat corrals within the curtilage of Tobias’ cabin, that does not mean that the corrals are protected by the Fourth Amendment.In Rigoulot the court concluded that observati ons made by persons â€Å"restricting their movements to places ordinary visitors could be expected to go were not protected by the Fourth Amendment. † Rigoulot at 272. The Mud Flat corrals are located near the south end of the Mud Flat Field. They are approximately one-half mile north of the Mud Flat Road, out of sight, to the west, and over a ridge (or around a draw) from Tobias’ cabin. A person driving along Mud Flat Road cannot see either the Mud Flat Corrals or Tobias’ cabin. A person who enters the main gate at the Mud Flat Field follows a dirt road north to where it splits. One fork continues in a north, north-west direction. This fork continues off Tobias’ property and onto Bennett’s property.The other fork continues north for a way then t curves east around a hill toward the corrals. This fork ends just beyond the corrals. In order to get to Tobias’ cabin, a person has to travel along the road to the corrals, then the remainder of t he way on foot. The state’s position is that if the corrals are included within the cabin’s curtilage , then they are in an area that visitors would normally go. These visitors include police officers coming onto the property to â€Å"conduct an investigation or for some other legitimate purpose. † Id. In summary, because the officers were not in a place protected by the Fourth Amendment, their search was not improper. III. THE MUD FLAT FIELD SEARCH ARGUMENTTOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MUD FLAT FIELD BECAUSE THE FIELD IS OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION. The governing law is set out above under the argument regarding Tobias’ expectation of privacy in the Mud Flat Field corrals. On July 22, after the officers were finished or nearly finished gathering evidence from King’s dead cows, Gil King was heading away from the Marmaduke Spring area. He was going to load his motorcycle into a truck and leave. As he was leaving and while near Bennett’s truck near the Johnson Reservoir, he saw the Charolais calf that â€Å"had a big ol’ patch of hide missing off its side. † (PH, p. 389. The calf was herded to the Mud Flat Field corrals and examined. This calf had skin removed off its right shoulder, where a â€Å"Heart-K† brand had been, and a new â€Å"T-cross† brand on its left hip. Tobias claimed the calf. Based on the above law and arguments regarding Tobias’ expectation of privacy in the Mud Flat Field corrals, and the fact there should be a progressively decreasing reasonable expectation of privacy as one gets further away from the cabin, the state respectfully requests that this court deny the defendant’s motion to suppress the evidence gathered in the Mud Flat Field (the Charolais calf). IV. THE MARMADUKE SPRING KILL SITE SEARCH ARGUMENTTOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MARMADUKE SPRING BECAUSE IT IS OUTSIDE THE AREA OF FO URTH AMENDMENT PROTECTION. The governing law is set out above under the argument regarding Tobias’ expectation of privacy in the Mud Flat Field corrals. Considering the facts, and the above stated law and argument, the state respectfully requests that this court deny the defendant’s motion to suppress the evidence gathered at the Marmaduke Spring. V. THE COLLETT/TOBIAS & BLACK ALLOTMENT SEARCH ARGUMENT TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE COLLETT/TOBIAS ALLOTMENT BECAUSE THE ALLOTMENT IS OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION.The law governing this area of search and seizure is set out above in the argument regarding the Mud Flat corrals search. On July 23rd, a number of cowboys and officers road through the Collett/Tobias allotment and found 11 calves. The calves were found in the area of the allotment furthest from Tobias’ cabin. The calves had new â€Å"T cross† brands, new ear marks and had a chunk of hide skinned off their right shoulders. Subsequent DNA tests showed that most of the calves came from the dead cows. The Collett/Tobias allotment is a section of land lying adjacent to and east of the Mud Flat field. The allotment is also adjacent to and east of Collett’s private land. It is adjacent to and south of land on which the Kings ran cattle.In July 1995 two ranchers (Tobias and the Collett family) leased the grazing rights from the Bureau of Land Management; on July 22nd both had cattle on the land. Each would ride the allotment to check their cattle. There were fences to keep the cattle in, there were no â€Å"no trespassing† signs. There is no indication that intimate family activities such as those protected by curtilage concepts occurred on the land. Because Tobias had no reasonable expectation of privacy in the Collett/Tobias allotment, the state respectfully requests that this court deny the defendant’s motion to suppress the evidence regarding the calves found in the allotment. VI.THE CONSENT TO SEARCH ARGUMENT TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MUD FLAT CORRAL, THE MUD FLAT FIELD, MARMADUKE SPRING OR THE FEDERAL ALLOTMENT BECAUSE THE OFFICERS HAD EITHER REAL OR APPARENT PERMISSION TO BE ON THE PROPERTIES. The officers had reason to believe that either Bennett or Tobias had consented to their presence at the Mud Flat corrals search and that either Bennett or Tobias had the authority to consent to their presence. Consent must be shown to be free and voluntary and not a result of duress or coercion, either direct or implied. State v. Aitken, 121 Idaho 783 (Ct. App. 1992), citing Schneckloth v. Bustamonte, 412 U. S. 18 (1973): As long as the police officer reasonably believes that the person giving consent to a warrantless search has the authority to consent, the search is valid and the defendant’s right against unreasonable searches and seizures pursuant to the Fourth Amendment to the United States Constitution and art. 1,  § 17 of the Idaho Constitution is not violated, even though the consenter has no actual authority to consent. State v. McCaughey, 127 Idaho 669, 904 P. 2d 939, (1995). The state must show the voluntariness of consent by a preponderance of the evidence; and the voluntariness of consent is to be determined in light of all of the circumstances. State v. Aitken, supra; State v. Rusho, 110 Idaho 556 (Ct. App. 1986). A number of people had access to the Mud Flat field and the Mud Flat corrals. Tobias allowed local people access to his fields. Tobias provided an access key to Bennett.Bennett notified OCSO of the dead cows and brought officers to look at the cows. Bennett used his key to unlock the gate on July 21st when he brought officers to look at the cows. Bennett gave the officers his key so that they could return to the field the following day. Tobias talked to state officers at his corrals and made no objection to their presence on July 21st. He knew on July 21st that state of ficers were going to return July 22nd and made no objection. Tobias was present at the Marmaduke Spring when officers returned July 22nd and he watched the work that they were doing and he did not object to their presence. Tobias watched them while they gathered evidence from the cows.He was present when the Charolais calf was found in the Mud Flat field and knew that the calf was going to be driven to the Mud Flat field corrals. He was present at the corrals when the officers were looking at the Charolais calf and when they seized the piece of leather from the saddle in his pickup. Officers talked to Tobias at Marmaduke Spring and at the Mud Flat corrals. Tobias only questioned the officers about their authority to seize his pants. Officers only seized his pants after gathering evidence from the dead cows, after finding the Charolais calf with a patch of hide missing from its shoulder and with new ear marks and a new â€Å"T cross† brand, which Tobias claimed as his own.Tobi as & Black may not have been present when the calves were found in the Collett/Tobias & Black allotment. Tobias and Black had a diminished expectation of privacy as they shared the allotment with the Colletts and the Colletts allowed cowboys and state officers to search the allotment. At no time did Tobias, the alleged owner of the property, object to the officers’ presence and the only time he questioned their actions was when they seized his pants. Considering all of the circumstances, including custom in the area, it is fair to say that the officers thought they had Tobias’ permission to be at the corrals when he knew that they were going to be there, he accompanied them, and expressed absolutely no disapproval to their presence.The law of consent is clear that, â€Å"[w}here two persons have equal rights to the use or occupation of premises, either may give consent to a search, and the evidence thus disclosed can be used against either. † State v. Huskey, 10 6 Idaho 91 (Ct. App. 1984), citing United States v. Sferas, 210 F. 2d 69, 74 (7th Cir. ). The co-tenants, the Colletts, could give the officers permission to search the allotment for King’s calves. The officers searched the allotment with the permission of the co-tenants, the Colletts. The state respectfully requests that this court deny the defendant’s motion to suppress the evidence regarding the calves found in the allotment. VII.THE MUD FLAT CORRAL SEIZURES ARGUMENT IT WAS PERMISSIBLE FOR HALL TO SEIZE THE LEATHER CONTAINING THE BLOOD SPOT AND THE CINCH RINGS (RUNNING IRONS) THAT HE SAW ON BLACK’S SADDLE IN THE OPEN BACK OF TOBIAS’ PICKUP TRUCK Assuming, without conceding, that Tobias has standing to challenge the seizure from Tobias’ pickup truck, the state’s position is that Hall could seize the thumbnail sized piece of leather and the running irons under either the plain view doctrine or the moving target doctrine. Hall seized the cin ch rings and piece of leather because he was investigating the killing of the cows and rebranding of the calf and believed that both items were evidence.On Saturday, July 22, 1995, while the officers were at the Mud Flat corrals trying to figure out the situation with the Charolais calf, Hall observed a saddle in the uncovered back of Tobias’ pickup truck. The saddle belonged to *** Black. Black was not present at the corrals. On the saddle there were two blackened cinch rings and a spot of blood on a piece of leather. Anyone present could have looked into the back of the pickup and seen the saddle, the cinch rings and the blood spot. The overall circumstances indicated that large chunks of hide were cut from cows and at least one calf. The calves were alive when their hide was cut off their shoulders. It is reasonable to infer that the calf would have bled.Chuck Hall, from the state Brand Inspector’s office and an experienced cowboy, observed Black’s saddle and saw the blood spot on the saddle horn wrap. It was apparent to Hall that the blood spot was unusual both in the location and how it was pressed into the wrap. Hall cut the thumbnail sized piece of leather off the saddle horn wrap. Hall seized the rings. It was apparent to Hall that the cinch rings had illegally been used as running irons. A. The Plain View Doctrine. Hall’s seizure of evidence from the pickup truck was permissible under the plain view doctrine. The court in State v. Clark, 124, Idaho 308, 311 (Ct. App. 1993), (citing Horton v. California, 496 U. S. 28 (1990)), set out the standard: (1)The officer must lawfully make an initial intrusion or otherwise properly be in a position to observe a particular area, and (2) it must be immediately apparent that the items observed are evidence of a crime or otherwise subject to seizure. The â€Å"immediately apparent† requirement is â€Å"met when an officer has probable cause to believe that the item in question is associated with criminal activity. † State v. Claiborne, 120 Idaho 581 (1991), citing Texas v. Brown, 460 U. S. 730 (1983). An officer is allowed to â€Å"draw reasonable inferences based on his training and experience. † State v. Tamez, 116 Idaho 945 (Ct. App. 1989). Multiple officers at a scene may make reasonable inferences based on their collective knowledge. United States v.Newton, 788 F. 2d 1392 (8th Cir. 1986). Here, Hall was properly on the property either because of actual or implied consent, or because he was in an â€Å"open view† area at the corrals. When Hall saw the blood spot on the saddle horn he recognized it to be evidence. (PH, p. 572. ) He then seized a small section by cutting it off the saddle horn. Because the cinch rings and the blood spot were open to public view and because Hall had probable cause to believe that they were contraband and prima facie evidence of a crime, the state respectfully requests that this court deny the defendantà ¢â‚¬â„¢s motion to suppress these items. B. The Moving Target DoctrineFurther supporting Hall’s decision to seize the cinch rings and the leather piece is the fact that they were located in a motor vehicle: The guaranty of freedom from unreasonable searches and seizures by the Fourth Amendment [recognizes] a necessary difference between a search of a store, dwelling house or other structure†¦ and a search of a ship, motor boat, wagon or automobile†¦ [since] it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought. Carroll v. United States, 267 U. S. 132, 152 (1925). The United States Supreme Court explained this doctrine in Chambers v. Maroney, 399 U. S. 2, 52 (1970): For constitutional purposes, we see no difference between, on the one hand, seizing and holding a car before presenting the probable cause issue to a magistrate and on the other hand carrying out the immed iate search without a warrant. Given probable cause to search, either course is reasonable under the Fourth Amendment. When Hall seized the running irons, he believed they had been used as running irons to draw on brands. He knew that it was illegal to possess running irons and, as such, they were contraband. It appeared that someone had drawn the â€Å"T-cross† brand on the Charolais calf with a running iron. He also knew that someone had killed 11 cows and that someone had cut a patch of hide off their right shoulders.He knew that someone had cut a patch of hide off the Charolais calf’s right shoulder and that someone had changed its ear mark by cutting the ear. From his experiences as a cowboy he knew that the cows and calf would have bled. He knew from his experience as a cowboy that the blood on the saddle wrap was unusual in the location and in the manner that it was pressed into the wrap. He recognized the blood as evidence and was afraid that he would not see i t again if he did not seize it then. The seizure of the blood spot from the saddle horn wrap is similar to the seizure that occurred in Cardwell v. Lewis, 417 U. S. 583 (1974). In Cardwell, officers investigating a murder examined a tire and took paint scrapings from the defendant’s car. The car was located in a public parking lot.In the court’s opinion the officers did not infringe on any reasonable expectation of privacy. A similar case is New York v. Class, where an officer reached into a motor vehicle to move papers on the dashboard. The papers were covering a VIN. When the officer moved the papers he saw and seized a gun. The court upheld the search as the defendant did not have a reasonable expectation of privacy in the VIN, the officer had a right to see the VIN, therefore, he had a right to move the papers. In United States v. Ferri, 778 F. 2d 985 (3rd Cir. 1985), the court held that a person had no reasonable expectation of privacy in his shoes (and their sole s).The above cases are based on the Katz reasoning that the Fourth Amendment does not apply to the exteriors or interiors of items open to the public view. Because the cinch rings and the blood spot were located within a mobile vehicle and because Hall had probable cause to believe that they were contraband and evidence of a crime, the state respectfully requests that this court deny the defendant’s motion to suppress these items. CONCLUSION For the above stated reasons the state respectfully requests that this court deny Tobias’ motion to suppress. ——————————————– [ 1 ]. The access to *** Bennett’s ranch is by a road that goes through the Mud Flat Field.The Bennett family has used the road through the Mud Flat Field to get to their property to the north and west since at least 1948 when Mud Flat was owned by Elmer Johnston. Since then the property has been o wned by *** Steiner, *** Steiner and *** Tobias. (see Preliminary Hearing (PH) Tr. , p. 12. ) [ 2 ]. Near a water hole, *** King’s son, *** King, had fed potato chips to one of the cows on July 13, 1995. [ 3 ]. The â€Å"T-cross† brand was the registered brand of Tobias’ partner, *** Black. Tobias has two brands registered in Idaho, one is a â€Å"46,† the other is an â€Å"‘F’ hanging ‘J. ’† [ 4 ]. Other Tobias and Black cow/calf pairs were in the fields where the newly branded â€Å"T-cross† calves with the chunks of hide missing were found.The cows were branded with Tobias’ â€Å"46,† their calves were branded with Black’s â€Å"T-cross. † [ 5 ]. The cows’ ears were never found. [ 6 ]. The court in State v. Cada, 129 Idaho 224 (Ct. App. 1996), established that Idaho will not follow the Dunn analysis regarding enclosure and visibility to passersby. [ 7 ]. â€Å"Curtilage† refers to a small piece of land not necessarily enclosed, around a dwelling house, generally including buildings used for domestic purposes in the conduct of family affairs. Ferrel v. Allstate Insurance Co. , 106 Idaho 696 (Ct. App. 1984). [ 8 ]. Approximately one quarter mile. [ 9 ]. Approximately 2 miles from Tobias’ cabin. [ 10 ]. The brand was actually registered to his partner, *** Black. [ 11 ].This point does not even examine the question of whether one can have a reasonable expectation of privacy in someone else’s cows. [ 12 ]. The Collett/Tobias allotment is approximately five miles long and varies from approximately one mile wide to over two miles wide, so it cannot equate to a premises. [ 13 ]. Also known as the Carroll Doctrine. [ 14 ]. Idaho Code sec. 25-1903 states that, â€Å"any person who uses, or has, or keeps in his possession, any running branding iron, tool, or instrument used by him for running a brand on any livestock†¦ is guilty of grand l arceny†¦. [T]he possession of such iron or instrument is prima facie evidence of guilt. † [ 15 ]. The seizure of the pants is also similar, as both were items held out to public view.

How to Use the French Preposition Pour (For)

How to Use the French Preposition Pour (For) The French preposition pour  (pronounced poor) is one of the most common in the French language and one of the first that new students learn. The word usually means for, but it has a few other possible meanings as well.  Pour can be followed by a noun, pronoun, or infinitive, and as youll see, it can be used to express causation, intent, and motivation, among other relationships. This word also appears in a number of colloquialisms. Purpose / Intention   Jai achetà © un cadeau pour toi.   I bought you a gift.  Il la fait pour nous aider.   He did it (in order) to help us. Duration of future event In this case, pour functions as a  temporal preposition.   Je vais y habiter pour un an.   Im going to live there for a year.  Il parlera pour une heure.   He will speak for an hour. In favor of   Il est pour la peine de la mort.   He is in favor of the death penalty.  Jai votà © pour Macron.   I voted for Macron. Direction   Il est parti pour Ottawa.   He left for Ottawa.  Voici le train pour Rouen.   Heres the train to Rouen. Point of view   Pour nous, cest une bonne idà ©e.   For us, its a good idea.  Il est tout pour moi.   He is everything to me. Cause / Reason   Jai à ©tà © puni pour avoir volà ©.   I was punished for stealing.  Ce magasin est fermà © pour rà ©parations.   This store is closed for repairs. In place of / In exchange for   Il doit signer pour moi.   He has to sign for me.  Tu me dois 4 euros pour le cafà ©.   You owe me 4 euros for the coffee. Comparison / Relationship   Un pour cent   One per hundred (one percent)  Il fait chaud pour lautomne.   Its hot for the fall. Description   Je suis assez fatiguà © pour dormir par terre.   Im tired enough to sleep on the floor.  Il est trop avare pour nous aider.   Hes too stingy to help us. Expressions Sa bonne constitution y est pour quelque chose.   His strong constitution had something to do with  ou  played a part in it.Elle est pour beaucoup dans le succà ¨s de la pià ¨ce.   The success of the play is to a large  extent due to her. /  She has had a great deal to do with the success of the play.Ne me remerciez pas, je ny suis pour rien.   Dont thank me; I didnt have anything to do with it.Cest fait pour. Thats what its (there) for.à ªtre pour  Ã‚  to be in favourJe suis pour quon sy mette tout de suite.  Ã‚  Im in favour of getting down to it immediately.pour de bon for good, reallypour ce faire for that purpose, to that endavoir pour but aimpour ainsi dire as it werepour lessential mainly, basically An acceptable antonym would be  contre  (against).  Pour que  is an offshoot, a conjunction meaning, so that or in order to.

Blue Velvet - Film review essays

Blue Velvet - Film review essays I have to admit that Blue Velvet was my first Lynch film. Having watched his Twin Peaks television series however, I was vaguely familiar with his style and penchant for weirdness. The film did indeed live up to the wierd stereotype. What starts of as a typical story of tragedy in a small town family sinks, first slowly, then quickly into a web of corruption, sexual deceit and murder. In the end the only conclusion that I could draw was that Lynch is trying to show that even the picture perfect idealism of small town America has a hidden air of depravity and malevolence to it. I thought the mis-en-scene was very purposeful. Lynch uses various background colors to enhance the displayed mood or demeanor of a particular character (for example -the stark blues and purples in Dorothy Vallens room). I also liked the eccentric way in which Lynch zooms in on a colony of seemingly voracious insects to create a symbolic parallel to the twisted reality he creates in the rustic community of Lumberton. Where I feel the movie succeeds is in its usage of random quirkiness that sends the viewers on hopelessly unexpected, and confounding tangents. I found this very refreshing, for it reminded of how blinkered I have become in terms of the expectations I have and the assumptions I make about a particular story. The entire series of interactions between Jeffrey and Sandy are irrelevant, yet delightfully compelling to the viewer. The actors emotions ran the gamut from the tacit, to the cliched, to the deranged. Dennis Hopper is the dramatic standout; he casts a scary image even while kissing another man. . Kyle Maclachlan goes overboard in his attempt to appear spaced out and quirky. On the whole, i admire "Blue Velvet" for its originality and aesthetic originality. But, it also has the tendency to push its creative boundaries to ludicrous extremes on occasion. ...

Credit risk management in commercial banks (First Bank Nigeria Plc) Dissertation

Credit risk management in commercial banks (First Bank Nigeria Plc) - Dissertation Example Credit Risk Management is one of the most crucial operations for any financial company. The financial crises occurred in USA, the Euro zone countries and in other parts of the world. It made the global economy fragile and susceptible to any kind of shocks. One of the major reasons behind the global meltdown was the lack of proper finance management practices including a poor credit risk management system by many of the top global financial corporations (George, Sinha and Murali, 2007, pp.18-19). But the financial crisis was an eye opener. It prompted the top managements of all the banks to give special attention to the management of their credit risk. The rise in competition coupled with the risk-taking attitude of individuals and enterprises have led to the invention of several financial instruments for transferring risks. This has caused much imbalance in the global financial system. Therefore further studies are required to understand the problem of credit risks and challenges tha t encompass it. To achieve that we need to have a better understanding of the core issues and the problems they cause. We also need to search for their solution. Taking the risk of investment is very crucial for a bank to make profit. Without risk there will be no returns. But due to that risk, assessment of such risk and ways to deal with it becomes very necessary.Any bank or financial institutions face such risks and they must balance their risk through various methods.The challenges for a bank are to survive in the current competitive market and maintain a large customer base. So it must offer a range of loans at a reasonable interest rate. But the interest rate cannot be too low or the bank would face losses. At the same time it must maintain a wide capital base to comply with the law and to avoid economic fragility. However it cannot be so large that the bank does not have much money to invest. The nature of risk management is often investigative- collecting information about t he borrower and then analyzing their capacity to repay the loan. It also contains some policy prescriptions from the bank to the borrower so that the chances of default are reduced. So assessment of risk is very necessary for any financial institutions including banks to make a prudent investment decision. It is necessary for the bank to manage its portfolio by striking a balance between its risk and return. The kinds of credit risks that a modern bank faces are varied in nature. The bank may have undertaken a risk if they have provided a loan to an individual or an enterprise. The risk of loss of principal and interest if the borrower defaults on their loan is one risk that the banks have to face. The bank needs to have a sound credit management policy not only to offer loans to the right candidates but also to gain the confidence of the depositors. If the depositors lose their confidence the banks will be short of fund to offer loans. A sudden loss of confidence of the depositors may even lead to a bank run. The banks face other risks if they offer securities and other modes investments. To avoid that risk the banks must maintain a capital base to ensure its solvency. The second Basel Accord provides guidelines for the capital a bank must to give a certain amount of loan. The higher risk the bank takes the higher is the capital base it must have. Credit Risk Management thus have to comply itself with the Basel II or other financial regulatory bodies. Usually apart from core banking activities these days the banks are also involved in investment activities. Therefore for a bank it is also very important to analyze their investment and risk portfolios to balance their risk. Review of loans and portfolio analysis are two of the main functions of credit risk management. The importance of credit risk management has also increased due to the operation of the banks in the security

Analysis of the Impact of the Macro Environment on the Pharmaceutical Assignment

Analysis of the Impact of the Macro Environment on the Pharmaceutical Industry - Assignment Example â€Å"Changing market forces and growing public expectations† (Wilson, 2000, p.12) have added business ethics to the mix. The external environment includes both competitive and industry factors. Interestingly, Johnson et al (2008) expect all competitors to be within the same industry when this might not be the case. Equally, not all industry players compete in the same markets. Thus the diagram reflects the less-than-tidy reality of players who exist within any industry, yet compete across industry boundaries and within different competitive environments, falling outside the rational approach to strategy. The underlying factor is the organization’s ability to control the external environment. An organization has influence in the competitive arena, using marketing tools to influence others, but no control over the macro (PESTEL/STEEPLE) factors and must react to changes when they happen. Strategy traditionally focused on rational future planning, what Whittington (2001) calls â€Å"classical† and Mintzberg and Waters (1985), â€Å"deliberate† strategy. But the effects of changing macro factors fall within Whittington’s (2001) â€Å"systemic† and Mintzberg and Waters’ (1985) â€Å"emergent† strategy as such changes cannot be predicted and consequently would not feature in any strategic planning. In analyzing the external environment, de Kluyver and Pearce (2009 p.59) use global tectonics, defined as â€Å"the process by which developing trends in technology, nature, and society† change the external environment. Three tectonics are identified: