Open Fields and Plain View Doctrines Essay Example for Free

Open Fields and Plain View Doctrines Essay Officers Trent Nelson and Lance Mahoney were patrolling in Mill Ave. While patrolling they witnessed a man running while being chased by a woman. It was found out that the man forcibly took the bag of the woman. The two officers chased the man but they lost trace of him. However, the man dropped the purse. While in the act of chasing, Officer Nelson heard a fight and he located it. From a brick- walled backyard, he saw two teenagers fighting. He entered through the open gate and pacified the two. He also noticed baggies in the patio table few yards away. He called the parents of the boys and they went in the patio table. He noticed it to be drugs and eventually arrested the woman who was explaining about the baggies. On the other hand, Officer Mahoney pursued on the dropped purse. As he retrieved the stolen purse, he noticed marijuana cigarettes, among others, spilled from the purse. He then arrested the woman and took the contents of the purse as evidence against the woman. In the general practice, police officers are mandated to obtain a valid search warrant before they can search for items or goods in a place of the suspect. Absence of a search warrant would make the evidences obtained inadmissible when presented in court. The consequence would be wastage in effort and losing the case. Thus, a search warrant is very essential. However, there are two cases wherein a search warrant is not needed. These are the doctrines of plain view and open fields. In the present case, the evidences, marijuana and drugs were legally obtained from the crime scene. The doctrine of plain view is applicable when Officer Mahoney took the marijuana. Meanwhile, a plain view doctrine is an â€Å"exception to the warrant requirement which allows a police officer seize items which they observe and immediately recognize as evidence or contraband while they are lawfully present in an area protected by the 14th amendment† (PoliceLink. com, 2008). There are three elements before police officer can claim it as an exemption under the plain view doctrine. First, it is required that the officer must lawfully present in the place protected by the 14th Amendment (PoliceLink. com, 2008). Second, the items must be out in plain view (PoliceLink. com, 2008). Third, the officer must immediately recognize the item as evidence or contraband without making a further intrusion (PoliceLink. com, 2008). In the present case, Officer Mahoney was lawfully in a place where the marijuana was seized. This is so because they were in legal discharge of their authority as police officers in chasing criminals. The second element is also present as the marijuana was spilled from the purse and is in the plain view of the officer. The woman cannot further state that the marijuana was seized from the purse as the item was found outside the purse together with her lipstick, compact, lighter, etc. Likewise, the last element is present because Officer Mahoney immediately recognized the item as marijuana in which possession of such is punishable by law. Thus, the marijuana can be used as evidence against the owner of the purse even it was taken without a search warrant. In the case where Officer Nelson seized the drugs, the doctrine of open fields applies. Doctrine of Open Fields is another exemption from the general requirement of search warrant, probable cause, or even legal justification (Ferdico, 2004, p. 477). In this doctrine, the police officer was in the place because of a lawful discharge of his duty as peace officer. While in the place, Officer Nelson saw baggies which he immediately doubted to be an illegal drug. This would fall under the doctrine of open fields even if the woman would contend that the police officer trespassed. In the doctrine of open fields, the trespassing cannot render the evidence inadmissible as the Supreme Court concluded in Oliver v. United States (466 U. S. 170). In the said case, the Supreme Court convicted the man who was manufacturing an illegal substance based on the discovered plantation of marijuana located miles away from his home (466 U. S. 170). The court held that even the property was private, the man does not have legitimate expectation of privacy and trespassing is not even enough to invalidate the evidences (466 U. S. 170). Thus, the woman can be held liable for illegal possession of drugs based on the seized evidences under the â€Å"open fields doctrine†. In the two instances, the more applicable is the open view doctrine. This is because the three elements are present in both instances. In the case of the seizure of marijuana, the place being public does not affect the doctrine while in seizure of illegal drugs; the police officer was already in a place for legal reason, which is to pacify the fighting boys. The second element is also satisfied because the items were in plain view. The marijuana was outside the purse which had been spilled out when the purse was dropped. The illegal drug was also in plain view because the officer noticed it when he was a few steps away from the table when the baggies were placed. With regard to third element, both police officers immediately recognized the items as marijuana and illegal drug even without further intrusion of the place. Thus, the applicable doctrine is the plain view.

World Populations And Development :: essays research papers

World Populations and Development 1.) The Neolithic and Industrial Revolutions The two changes in the use of the earth's resources that had the greatest effect on the world population were the neolithic and the industrial revolutions. The neolithic revolution (a.k.a. agricultural revolution) was a change in the way of life of our ancestors. It took place about 8000 years ago among various tribes in Asia and the Middle East. It included a transition from foraging and hunting to the domestication of animals (most probably starting with the dog) and to farming. Tribes settled in fertile areas and formed agricultural communities many of which grew into villages and cities. This relatively stable way of life and the more reliable food supply (and surplus) led to the development of new professions, to labor specialization and ultimately to the stratification of these societies. Improved conditions of life led to somewhat longer life spans. Nevertheless population growth remained low due to high infant mortality rates. The impact of the neolithic revolution was not as much on immediate population growth (even though it did have a long term impact on population growth) as on the material and spiritual development of the human race. It is widely regarded as the beginning of civilization. Industrial revolution was another process of change. It was the process of substituting muscle power with machine power. It took place in the 18th century in Europe and is still happening in many parts of the world. In many characteristics it has been similar to the neolithic revolution: it increased production, it led to the use of resources that had been mostly unused until then and it improved the overall quality of life. It also led to changes in the structure of society. What was different, was its impact on population growth. It was quick and easily noticeable. Advanced sanitation, hygiene and medicine led to longer life spans and declining death rates, with the birth rates remaining high. This resulted in a high rate of population growth that still continues in many countries. The information revolution is the process of change that began in the second half of the 20th century in the developed countries of the world. It is the process of substituting "brain power" with "machine power". It leads to increased production and has the potential to create a more even distribution of the world's population on the surface of the earth. It also has the potential to decrease the differences between the less developed and the highly developed nations of the world. Then again it also has the potential to increase those differences. It causes changes in the structure of society.

Managing A Business Event Essay

Managing a business event can be one of the most exciting and challenging tasks that you will get the chance to participate in. It requires you to bring together many different skills and roles, and will give you the opportunity to multi-task, which is a challenge for even the most experienced business event organiser. Organising The first part of organising an event is finding the venue where the event is going to take place. The venue will set the scene for the type of event that is going to happen and will influence whether or not people want attend the event. It will also help to identify the costs that will be involved. Catering may also be an important aspect of organising an event. The type of catering may influence where you decide to hold an event. A three-course lunch is most likely to need a hotel with facilities whilst sandwich delivery may have less strict event location requirements. Planning the different elements of an event will require you to think about the timings of the event, what you need to order and when. It is important that facilities, such as a sound system or projector, be reserved or hired as soon as it is known they will be needed. You will learn in more detail about these aspects of the role in the section on planning an event. Setting up the programme The programme is the list of what is happening at the event and the order in which it is happening. It guides the organisation of the event and will be used by attendees. The programme’s quality and content will help to guide people’s interest as well as give them an outline of what is going to happen during the day. The programme will also give details of any special guests, speeches, entertainment, prize-giving or free gifts that might be part of the event. Sometimes a guest speaker may encourage more people to attend and this will need to be highlighted in the programme. There are a variety of different types of programme that may be used for an event. These may include programmes that have various activities that attendees can select from or programmes where everyone is following the same structure for the event. The length of time for the event will also influence the programme. All-day events need more time for people to travel to the event and for coffee and lunch breaks. Events that take place over a few days may require arrangements for accommodation including breakfast. Preparing and distributing supporting documents Most events require some form of hard copy or soft copy that can be distributed. For environmental and cost reasons, soft copies are often preferred. Sometimes documents may be supplied on a USB stick or in a free wallet or bag that is given out by the event organiser. Often promotional items include advertising material for the organiser to give them maximum publicity and raise awareness of the organisation. The main documents that might be needed for an event are listed in Table 18.2. A number of different documents may be needed to support an event. These may be more traditional paper documents or other methods that organisations are increasingly using such as websites with a secure username and password, email or social networking websites to distribute information about events. There are also a number of other documents that may be produced that are not given out to attendees. These are used by the organisation to monitor and track the progress of the event, for example, a risk assessment or a budget plan. Organisational procedures Organisations will usually have a set of procedures that they follow for events, and these procedures will change depending on the size of the organisation, the type of event that is taking place and who is involved. Current legal requirements There are a number of important legal requirements that need to be considered when organising an event. These include contractual, health and safety and age requirements. Most legal requirements are covered by a contractual agreement that will be agreed either verbally or in writing. The contract sets out the offer and prices for the individual elements of the event including: * venue * catering * insurance * advertising/promotion. Separate agreements can be made with outside suppliers and may include those used for booking a hotel venue or hiring equipment. The Supply of Goods and Services Act 1982 ensures that the event organiser is supplied with goods and services as part of a contract; it also protects suppliers and customers. The Act sets out requirements for ticketing that protect both the event organiser and attendees, and also protects consumers from faulty equipment. There is more information about contracts, agreements and consumer protection in Unit 21. There are stringent health and safety requirements for events. Risk assessments will highlight any issues found whilst organising an event and help the organiser take steps to reduce the likelihood of anything untoward happening. More specific requirements for health and safety can be found later in this unit. Finally, any event that is organised needs to meet age requirements. For example, at a music event or festival, it must be ensured that young people are aged 18 or over if they are going to buy any alcohol or tobacco products that are on sale. Remember that any event must take place within the law and steps must be taken to avoid any problems. Limits of the role An event organiser must consider the levels of authority that come with the role. Knowing what you can and cannot do is very important. For example, at some events the event organiser may not have the authority to sign a contract for services or they may not have the authority to make the final decision as these decisions may ultimately be the duty of their line manager. An event organiser may also work with other individuals or groups who need to make decisions about the event, which means that any decisions have to be shared by the group rather than be taken by a single person. Time management The role of an event organiser involves multi-tasking which means that good time management is an important quality for the job. Good time management means that you focus on what is important and keep everything on track. The most common time management mistakes made are: * wasting time doing activities that are not relevant to the event, such as checking personal emails * waiting for someone else to do something before being able to progress on another aspect of the event * not being organised, e.g. spending time looking for paperwork or going over tasks that you have done before. Problem solving There are few events that do not have any problems at all. To help the event run smoothly the organiser will need to have already thought about what possible problems might occur and have made contingency plans. For example, if the event is to include computer presentations or DVDs the organiser may want to check the services provided at the venue and also take along their own lap top and projector as a back-up. Some problems cannot be anticipated; therefore quick thinking is necessary and good event organisers have this quality and are able to sort out solutions. Negotiating Negotiating skills are essential for any event organiser. Negotiating, unlike other types of communication, is not about making demands or threatening people, it is about trying to get to what is known as a ‘win win’ situation where both parties are happy with the outcome. It may be necessary to negotiate prices on contracts to try to get the best possible deal, which is particularly important if the event is being done on a budget. Negotiating may also be used to ask for something that is not usually possible, for example, a particular type of catering or entertainment that may be more difficult to provide than usual. Planning The main role of an event organiser is to ensure that everything goes to plan so that the event is a success. Planning does not just include the event itself, it also needs to take into account other events that are happening around the same time. Too many similar events happening in the same week may result in poor attendance at your event. The time of year will also influence the planning of an event. When planning an event, the organiser needs to think about the following. * Whether the event needs to be inside or outside. It is usually more appropriate to run outside events in the summer. * Whether the event is linked to a particular festival or tradition. If so, it will need to happen at the same time. * Whether the event depends on other factors such as supplies that are only available at certain times of year or are cheaper in a particular month to save costs.

Tone, Diction, And Narration Of Carver s Cathedral

Alex Ramsbottom Dr. Vella 16 October 2015 AP English 4 Tone, Diction, and Narration of Carver’s â€Å"Cathedral† First-person narration can provide an exotic and perhaps unreliable viewpoint. The narrator’s thoughts and feelings are conveyed more clairvoyantly than possible in third or even second person, an effect that develops a more intimate and relevant story to the reader. In Cathedral, Raymond Carver uses conversational tone and diction to expose the narrator s character: prejudicial at first, sympathetic by the end. Knowing his character simplifies the understanding of major components of the story such as the narrator s hostility to Robert and his epiphany at the end. Carver portrays the personality of the narrator in Cathedral in his use of conversational and colloquial tone. Carver’s syntactic maneuvers deliver a tone that is mocking, unpleasant and even vitriolic. He hyphenates the narrator’s interjections to convey a sarcastic quality of the narrator. For example: as the narrator is describing the sensitive situation of Beulah’s death, he does so with a taste of wickedness: After they had been inseparable for eight years--my wife s word, inseparable--Beulah’s health went into rapid decline (Norton 30). The hyphenation permits the narrator to present his hostility and mockery into any part of the story; thus, the narrator feels that his opinions and asides are more important than the plot. Throughout the story, he displays a dislike for many seemingly