The Permissible Scope of Texas Automobile Inventory Searches in the Aftermath of Colorado v. Bertine: A Talisman is Created

The fourth amendment to the United States Constitution guarantees freedom from unreasonable searches and seizures. The warrant and probable cause requirements advance this constitutionally implied privacy right. However, with respect to automobile searches, strict adherence to these safeguards has been eschewed in favor of more flexible, and arguably less protective, versions of reasonableness. In 1981, in Gill v. State, the Texas court addressed the permissible scope of inventory searches, holding that the police may not search the locked trunk of an automobile while conducting an inventory search. Despite the simplicity of the Gill rule, a number of recent cases, while not expressly overruling Gill, significantly expanded the scope of inventory permitted by a fair reading of Gill. These cases mean much more than the expansion of inventory scope, though. They mean that any expectation of privacy is meaningless in this context. Were that expectation replaced by another suitable safeguard, the result might have been less alarming, but, when one measure is removed from the balance without a corresponding adjustment, balancing becomes formalistic; the outcome is predetermined. Texas law should not uncritically follow this development of fourth amendment jurisprudence. No impediment exists, under either a fourth amendment analysis or an interpretation of the Texas Constitution, to reaffirmation of the balancing undertaken in Gill. Noble motivations cannot and should not protect illogic from criticism. Indeed, illogic undermines the persuasiveness of legal precedent while, at the same time, often imperiling fundamental and well-developed safeguards against improper governmental intrusion. If the United States Supreme Court has indulged the government’s desire to facilitate the finding of criminal evidence at the expense of personal liberty, the court of criminal appeals need not follow, nor set, the example

Self-organized critical earthquake model with moving boundary

A globally driven self-organized critical model of earthquakes with conservative dynamics has been studied. An open but moving boundary condition has been used so that the origin (epicenter) of every avalanche (earthquake) is at the center of the boundary. As a result, all avalanches grow in equivalent conditions and the avalanche size distribution obeys finite size scaling excellent. Though the recurrence time distribution of the time series of avalanche sizes obeys well both the scaling forms recently observed in analysis of the real data of earthquakes, it is found that the scaling function decays only exponentially in contrast to a generalized gamma distribution observed in the real data analysis. The non-conservative version of the model shows periodicity even with open boundary.Comment: 5 pages, 4 figures, accepted version in EPJ

Aperiodicity in one-way Markov cycles and repeat times of large earthquakes in faults

A common use of Markov Chains is the simulation of the seismic cycle in a fault, i.e. as a renewal model for the repetition of its characteristic earthquakes. This representation is consistent with Reid's elastic rebound theory. Here it is proved that in {\it any} one-way Markov cycle, the aperiodicity of the corresponding distribution of cycle lengths is always lower than one. This fact concurs with observations of large earthquakes in faults all over the world

Prediction of Large Events on a Dynamical Model of a Fault

We present results for long term and intermediate term prediction algorithms applied to a simple mechanical model of a fault. We use long term prediction methods based, for example, on the distribution of repeat times between large events to establish a benchmark for predictability in the model. In comparison, intermediate term prediction techniques, analogous to the pattern recognition algorithms CN and M8 introduced and studied by Keilis-Borok et al., are more effective at predicting coming large events. We consider the implications of several different quality functions Q which can be used to optimize the algorithms with respect to features such as space, time, and magnitude windows, and find that our results are not overly sensitive to variations in these algorithm parameters. We also study the intrinsic uncertainties associated with seismicity catalogs of restricted lengths.Comment: 33 pages, plain.tex with special macros include

Optimization of interaction of agrarian entities as an imperative of ensuring food security of the state

The interaction of agricultural entities is based on modern market relations and the state agrarian policy. Managing the subjects of the agricultural sector of the economy is the primary task of the state, since the provision of food security of the state depends on this. The subject of the study is the establishment of relations of the agricultural sector of the country. In the grouping method, a direct relationship was established between the sum of agricultural production in farms of all categories in the constituent entities of the Russian Federation and the number of employees in the regional agro-industrial complex of the agricultural sector, as well as the number of departments in them. The purpose and objective of the study is to highlight the main functions of state administration of the agricultural sector at the regional level, to identify the lack of an effective mechanism for interaction of the subjects of the agricultural market with each other and with the regional authorities of the agricultural sector. The presented model of optimizing the relationships between the agrarian entities of the region will increase the efficiency of the agrarian sector of the region’s economy and ensure its food security. The necessity of planning and forecasting the volumes of production and use of agricultural products and raw materials is substantiated. The system of such forecasting includes such subsystems as agricultural enterprises, processing enterprises, and the population of the region. It is concluded that each subsystem works on a well-formed and well-founded functional model, which includes input and output information, controls that regulate functioning, as well as mechanisms that ensure such functioning. A special role in the forecasting process is assigned to the regional management bodies of the agro-industrial sector represented by the department for optimizing the interaction of agricultural entities in the region. The final forecast result should be a balance model of the degree of food security in the region's population

Mean first-passage times of non-Markovian random walkers in confinement

The first-passage time (FPT), defined as the time a random walker takes to reach a target point in a confining domain, is a key quantity in the theory of stochastic processes. Its importance comes from its crucial role to quantify the efficiency of processes as varied as diffusion-limited reactions, target search processes or spreading of diseases. Most methods to determine the FPT properties in confined domains have been limited to Markovian (memoryless) processes. However, as soon as the random walker interacts with its environment, memory effects can not be neglected. Examples of non Markovian dynamics include single-file diffusion in narrow channels or the motion of a tracer particle either attached to a polymeric chain or diffusing in simple or complex fluids such as nematics \cite{turiv2013effect}, dense soft colloids or viscoelastic solution. Here, we introduce an analytical approach to calculate, in the limit of a large confining volume, the mean FPT of a Gaussian non-Markovian random walker to a target point. The non-Markovian features of the dynamics are encompassed by determining the statistical properties of the trajectory of the random walker in the future of the first-passage event, which are shown to govern the FPT kinetics.This analysis is applicable to a broad range of stochastic processes, possibly correlated at long-times. Our theoretical predictions are confirmed by numerical simulations for several examples of non-Markovian processes including the emblematic case of the Fractional Brownian Motion in one or higher dimensions. These results show, on the basis of Gaussian processes, the importance of memory effects in first-passage statistics of non-Markovian random walkers in confinement.Comment: Submitted version. Supplementary Information can be found on the Nature website : http://www.nature.com/nature/journal/v534/n7607/full/nature18272.htm

Wavelets techniques for pointwise anti-Holderian irregularity

In this paper, we introduce a notion of weak pointwise Holder regularity, starting from the de nition of the pointwise anti-Holder irregularity. Using this concept, a weak spectrum of singularities can be de ned as for the usual pointwise Holder regularity. We build a class of wavelet series satisfying the multifractal formalism and thus show the optimality of the upper bound. We also show that the weak spectrum of singularities is disconnected from the casual one (denoted here strong spectrum of singularities) by exhibiting a multifractal function made of Davenport series whose weak spectrum di ers from the strong one