Arbitrary Government Intrusion of the Home: Warrantless Pole Camera Home Surveillance Survives \u3ci\u3eKatz\u3c/i\u3e but Violates the Fourth Amendment

The Fourth Amendment was adopted with a particular focus—to prevent arbitrary government intrusion. However, today most United States Circuit Courts permit arbitrary government intrusion via warrantless pole camera surveillance because the circuit courts apply the Katz test. As a result, government officials are almost entirely free to decide whether to install pole cameras anywhere on public property to continuously surveille a home for whatever duration the officials decide. Neither probable cause nor application for a warrant are required. The officials then not only surveil all visible home activities through the cameras, but the officials also record the surveillance and may introduce the footage as evidence. This warrantless pole camera home surveillance allows the government to arbitrarily invade the security of the home. This arbitrary government intrusion is contrary to the very object of the Fourth Amendment—to protect the right to be secure in one’s home, person, papers, and effects against unreasonable searches. The background of the Fourth Amendment reveals that the essence of an unreasonable search is arbitrary government intrusion not confined by particularity or specific approval. These general and arbitrary intrusions were manifested in the form of general warrants and writs of assistance. Originally, the analysis for whether an unreasonable search occurred was anchored in property principles. While the Supreme Court has not abandoned the property trespass approach, it has added a test that may be utilized for non-trespassory intrusions, typically when technology is involved. This two-pronged test is the Katz test, which asks whether the person invaded had a subjective expectation of privacy and whether that expectation is one that society would accept as reasonable. In recent cases, the Supreme Court recognized that comprehensive surveillance of the person is unconstitutional, particularly via tracking devices and access to cell phone location data. Like the person, the home is under enumerated Fourth Amendment protection. However, the test used to discern whether a search occurs in the context of non-trespassory technological intrusions, the Katz test, has led circuit courts to almost always conclude that the Fourth Amendment does not protect the home from warrantless pole camera surveillance. United States v. Tuggle illustrates a circuit court’s application of the Katz test in the context of pole camera home surveillance. The result of applying this test is that, in this pole-camera context, the Fourth Amendment does not provide protection for the home. In light of the object of the Fourth Amendment—to ensure protection against arbitrary government intrusion—and the failure of the Katz test to ensure the Fourth Amendment’s intended protection for the home, the Supreme Court should take up a pole camera home surveillance case and make two clarifications. First, the Court should declare that the Katz test is inapplicable in the context of pole camera home surveillance. Second, the Court should clarify that warrantless pole camera home surveillance constitutes an unreasonable search. While the Fourth Amendment was adopted to prevent the evil of arbitrary government intrusion, the current Fourth Amendment Katz test as applied to warrantless pole camera home surveillance permits the evil the Amendment was designed to prevent: arbitrary government intrusion. Therefore, it is critical for the Supreme Court to clarify that the Fourth Amendment does protect the home from the arbitrary government intrusion of warrantless pole camera home surveillance

Protons in near earth orbit

The proton spectrum in the kinetic energy range 0.1 to 200 GeV was measured by the Alpha Magnetic Spectrometer (AMS) during space shuttle flight STS-91 at an altitude of 380 km. Above the geomagnetic cutoff the observed spectrum is parameterized by a power law. Below the geomagnetic cutoff a substantial second spectrum was observed concentrated at equatorial latitudes with a flux ~ 70 m^-2 sec^-1 sr^-1. Most of these second spectrum protons follow a complicated trajectory and originate from a restricted geographic region.Comment: 19 pages, Latex, 7 .eps figure

A Study of Cosmic Ray Secondaries Induced by the Mir Space Station Using AMS-01

The Alpha Magnetic Spectrometer (AMS-02) is a high energy particle physics experiment that will study cosmic rays in the $\sim 100 \mathrm{MeV}$ to $1 \mathrm{TeV}$ range and will be installed on the International Space Station (ISS) for at least 3 years. A first version of AMS-02, AMS-01, flew aboard the space shuttle \emph{Discovery} from June 2 to June 12, 1998, and collected $10^8$ cosmic ray triggers. Part of the \emph{Mir} space station was within the AMS-01 field of view during the four day \emph{Mir} docking phase of this flight. We have reconstructed an image of this part of the \emph{Mir} space station using secondary $\pi^-$ and $\mu^-$ emissions from primary cosmic rays interacting with \emph{Mir}. This is the first time this reconstruction was performed in AMS-01, and it is important for understanding potential backgrounds during the 3 year AMS-02 mission.Comment: To be submitted to NIM B Added material requested by referee. Minor stylistic and grammer change

Search for antihelium in cosmic rays

The Alpha Magnetic Spectrometer (AMS) was flown on the space shuttle Discovery during flight STS-91 in a 51.7 degree orbit at altitudes between 320 and 390 km. A total of 2.86 * 10^6 helium nuclei were observed in the rigidity range 1 to 140 GV. No antihelium nuclei were detected at any rigidity. An upper limit on the flux ratio of antihelium to helium of < 1.1 * 10^-6 is obtained.Comment: 18 pages, Latex, 9 .eps figure

ISOTOPIC COMPOSITION OF LIGHT NUCLEI IN COSMIC RAYS: RESULTS FROM AMS-01

The variety of isotopes in cosmic rays allows us to study different aspects of the processes that cosmic rays undergo between the time they are produced and the time of their arrival in the heliosphere. In this paper, we present measurements of the isotopic ratios [superscript 2]H/[superscript 4]He, [superscript 3]He/[superscript 4]He, [superscript 6]Li/[superscript 7]Li, [superscript 7]Be/([superscript 9]Be+[superscript 10]Be), and [superscript 10]B/[superscript 11]B in the range 0.2-1.4 GeV of kinetic energy per nucleon. The measurements are based on the data collected by the Alpha Magnetic Spectrometer, AMS-01, during the STS-91 flight in 1998 June.United States. Dept. of EnergyMassachusetts Institute of Technolog

Isotopic Composition of Light Nuclei in Cosmic Rays: Results from AMS-01

The variety of isotopes in cosmic rays allows us to study different aspects of the processes that cosmic rays undergo between the time they are produced and the time of their arrival in the heliosphere. In this paper we present measurements of the isotopic ratios 2H/4He, 3He/4He, 6Li/7Li, 7Be/(9Be+10Be) and 10B/11B in the range 0.2-1.4 GeV of kinetic energy per nucleon. The measurements are based on the data collected by the Alpha Magnetic Spectrometer, AMS-01, during the STS-91 flight in 1998 June.Comment: To appear in ApJ. 12 pages, 11 figures, 6 table

Measurement of W Polarisation at LEP

The three different helicity states of W bosons produced in the reaction e+ e- -> W+ W- -> l nu q q~ at LEP are studied using leptonic and hadronic W decays. Data at centre-of-mass energies \sqrt s = 183-209 GeV are used to measure the polarisation of W bosons, and its dependence on the W boson production angle. The fraction of longitudinally polarised W bosons is measured to be 0.218 \pm 0.027 \pm 0.016 where the first uncertainty is statistical and the second systematic, in agreement with the Standard Model expectation

Search for Anomalous Couplings in the Higgs Sector at LEP

Anomalous couplings of the Higgs boson are searched for through the processes e^+ e^- -> H gamma, e^+ e^- -> e^+ e^- H and e^+ e^- -> HZ. The mass range 70 GeV < m_H < 190 GeV is explored using 602 pb^-1 of integrated luminosity collected with the L3 detector at LEP at centre-of-mass energies sqrt(s)=189-209 GeV. The Higgs decay channels H -> ffbar, H -> gamma gamma, H -> Z\gamma and H -> WW^(*) are considered and no evidence is found for anomalous Higgs production or decay. Limits on the anomalous couplings d, db, Delta(g1z), Delta(kappa_gamma) and xi^2 are derived as well as limits on the H -> gamma gamma and H -> Z gamma decay rates

Measurement of W Polarisation at LEP

The three different helicity states of W bosons produced in the reaction e+ e- -> W+ W- -> l nu q q~ at LEP are studied using leptonic and hadronic W decays. Data at centre-of-mass energies \sqrt s = 183-209 GeV are used to measure the polarisation of W bosons, and its dependence on the W boson production angle. The fraction of longitudinally polarised W bosons is measured to be 0.218 \pm 0.027 \pm 0.016 where the first uncertainty is statistical and the second systematic, in agreement with the Standard Model expectation

Search for Branons at LEP

We search, in the context of extra-dimension scenarios, for the possible existence of brane fluctuations, called branons. Events with a single photon or a single Z-boson and missing energy and momentum collected with the L3 detector in e^+ e^- collisions at centre-of-mass energies sqrt{s}=189-209$ GeV are analysed. No excess over the Standard Model expectations is found and a lower limit at 95% confidence level of 103 GeV is derived for the mass of branons, for a scenario with small brane tensions. Alternatively, under the assumption of a light branon, brane tensions below 180 GeV are excluded