The Forgotten Right "to Be Secure"

Surveillance methods in the United States operate under the general principle that “use precedes regulation.” While the general principle of “use precedes regulation” is widely understood, its societal costs have yet to be fully realized. In the period between “initial use” and “regulation,” government actors can utilize harmful investigative techniques with relative impunity. Assuming a given technique is ultimately subjected to regulation, its preregulation uses are practically exempted from any such regulation due to qualified immunity (for the actor and municipality) and the exclusionary rule’s good faith exception (for any resulting evidence). This expectation of impunity invites strategic government actors to make frequent and arbitrary uses of harmful investigative techniques during preregulation periods. Regulatory delays tend to run long (often a decade or more) and are attributable in no small part to the stalling methods of law enforcement (through assertions of privilege, deceptive funding requests, and strategic sequencing of criminal investigations). While the societal costs of regulatory delay are high, rising, and difficult to control, the conventional efforts to shorten regulatory delays (through expedited legislation and broader rules of Article III standing) have proved ineffective. This Article introduces an alternative method to control the costs of regulatory delay: locating rights to be “protected” and “free from fear” in the “to be secure” text of the Fourth Amendment. Courts and most commentators interpret the Fourth Amendment to safeguard a mere right to be “spared” unreasonable searches and seizures. A study of the “to be secure” text, however, suggests that the Amendment can be read more broadly: to guarantee a right to be “protected” against unreasonable searches and seizures, and possibly a right to be “free from fear” against such government action. Support for these broad readings of “to be secure” is found in the original meaning of “secure,” the Amendment’s structure, and founding-era discourse regarding searches and seizures. The rights to be “protected” and “free from fear” can be adequately safeguarded by a judicially-created rule against government “adoption” of an investigative method that constitutes an unregulated and unreasonable search or seizure. The upshot of this Fourth Amendment rule against “adoption” is earlier standing to challenge the constitutionality of concealed investigative techniques. Earlier access to courts invites earlier j

Regional gray matter correlates of vocational interests.

BackgroundPrevious studies have identified brain areas related to cognitive abilities and personality, respectively. In this exploratory study, we extend the application of modern neuroimaging techniques to another area of individual differences, vocational interests, and relate the results to an earlier study of cognitive abilities salient for vocations.FindingsFirst, we examined the psychometric relationships between vocational interests and abilities in a large sample. The primary relationships between those domains were between Investigative (scientific) interests and general intelligence and between Realistic ("blue-collar") interests and spatial ability. Then, using MRI and voxel-based morphometry, we investigated the relationships between regional gray matter volume and vocational interests. Specific clusters of gray matter were found to be correlated with Investigative and Realistic interests. Overlap analyses indicated some common brain areas between the correlates of Investigative interests and general intelligence and between the correlates of Realistic interests and spatial ability.ConclusionsTwo of six vocational-interest scales show substantial relationships with regional gray matter volume. The overlap between the brain correlates of these scales and cognitive-ability factors suggest there are relationships between individual differences in brain structure and vocations

The remote sensing of aquatic macrophytes Part 1: Color-infrared aerial photography as a tool for identification and mapping of littoral vegetation. Part 2: Aerial photography as a quantitative tool for the investigation of aquatic ecosystems

Research was initiated to use aerial photography as an investigative tool in studies that are part of an intensive aquatic ecosystem research effort at Lake Wingra, Madison, Wisconsin. It is anticipated that photographic techniques would supply information about the growth and distribution of littoral macrophytes with efficiency and accuracy greater than conventional methods

An examination of the types of leading questions used by investigative interviewers of children

Purpose &ndash; The purpose of this paper is to examine the nature of leading questions used by a representative sample of investigative interviewers of children. In particular, it examined whether these interviewers use the type of questions that are known to elicit reports of false activities or events among child samples.Design/methodology/approach &ndash; A total of 82 police officers who were authorized to conduct interviews with alleged child abuse victims conducted individual mock interviews with children aged 5-7 years. The focus of the interviews was an event that was staged in the children\u27s school a week earlier. Prior to the interview, each officer was provided with accurate and inaccurate information about the event, including details about an activity that did not occur. The officers\u27 task was to elicit as detailed and accurate account of the event as possible using the techniques they would &ldquo;normally&rdquo; use in the field.Findings &ndash; Although the officers refrained from using coercive interview techniques, two problematic types of questions were relatively common. These include: questions that presumed that an activity/detail occurred that had not been previously mentioned by the child; and questions that included highly specific details about an activity. Both of these techniques had featured in prior laboratory research on children\u27s false event narratives.Research limitations/implications &ndash; These results support the need for better training techniques for assisting officers to avoid the use of leading questions.Originality/value &ndash; While it is well established that investigative interviewers do sometimes use leading questions when interviewing children, this is the first study to specify the incidence of various types of leading questions.of leading questions.<br /

TEKNIK AUDIT INVESTIGATIF DALAM PENGUNGKAPAN MONEY LAUNDERING BERDASARKAN PERSPEKTIF AKUNTAN FORENSIK

Akuntansi forensik dan audit investigatif merupakan sebuah disiplin ilmu yang dipergunakan ketika menginvestigasi sebuah kasus kecurangan rumit yang berhubungan dengan hukum. Di dalamnya terdapat teknik-teknik audit investigatif yang dapat membantu para akuntan forensik dalam pelaksanaanya. Di Indonesia, audit investigatif lebih sering dihubungkan dengan penyelesaian kasus korupsi, salah satunya money laundering. Maka pada penelitian ini penulis ingin mengetahui bagaimana teknik audit investigatif yang paling efektif dalam upayanya mengungkap kasus money laundering berdasarkan perspektif para akuntan forensik. Metode penelitian yang digunakan adalah metode deskriptif kualitatif. Penentuan narasumber menggunakan teknik key person yaitu orang-orang yang berprofesi sebagai akuntan forensik. Data yang digunakan adalah data priimer yang diperoleh dari hasil wawancara peneliti dengan narasumber. Penelitian ini menggunakan teknik analisis triangulasi sumber dalam pengujian datanya. Berdasarkan hasil analisis nya didapat hasil tahapan aduit investigatifnya adalah predication, perumusan hipotesis, data gathering, uji keandalan data, analisis data, pemanggilan wawancara dan interogasi, perhitungan kerugian, serta pelaporan. Kemudian disimpulkan juga bahwa secara teori dan praktik tidak ada teknik audit investigatif yang dipilih sebagai teknik paling efektif. Karena sebelumnya akuntan forensik perlu mempertimbangkan hal-hal dan karakteristik kasus money laundering, baru setelah itu menentukan teknik audit investigatif mana yang akan digunakan. Kata kunci: Akuntansi forensik, teknik audit investigatif, money laundering, dan akuntan forensik Forensic accounting and investigative audit is a discipline that is used when investigate a complex fraud cases related to the law. Inside there are techniques of investigative audit that can help forensic accountants in practice. In Indonesia, an investigative audit is more often associated with the settlement of cases of corruption, one of money laundering. So in this study the authors wanted to know how the investigative audit techniques most effective in its efforts to uncover cases of money laundering based on the perspective of forensic accountants. The method used is descriptive qualitative method. Determination of sources using techniques that the key person who worked as a forensic accountant. The data used is priimer data which obtained from research interviews with sources. This study uses triangulation analysis techniques in the testing data. Based on the results of its analysis of the results, obtained aduit investigative stage is predication, formulating a hypothesis, the data gathering, test the reliability of the data, data analysis, calling the interview and interrogation, the calculation of damages, as well as reporting. Then concluded also that in theory and practice no investigative audit techniques chosen as the most effective technique. Because forensic accountant needs to consider things and characteristics of money laundering cases, and only after it determines where the investigative audit techniques to be used. Keywords: forensic accounting, investigative audit techniques, money laundering, and forensic accountant