United States v. Payton: Redefining the Reasonableness Standard For Computer Searches and Seizures

This Note examines United States v. Payton and the issue of when it is reasonable to search a computer if it is not expressly authorized on the search warrant. Part I discusses the background facts of Payton and the Fourth Amendment. Part II analyzes why the Ninth Circuit ultimately decided Payton correctly but focused on the wrong underlying reason in its holding. The reasonableness standard for computer searches should be whether the computer “could” contain the evidence, rather than the stricter standard of “would” contain the evidence announced in Payton. However, because computers are different from traditional containers, they should be subject to judicial supervision and a defined search protocol as expressed through a warrant. Part III explains how the Ninth Circuit in Payton ultimately did what it had said it would not do in United States v. Giberson: create a distinctive category for computers separate from traditional containers and imply a bright-line rule mandating that a computer may not be searched without a warrant. Part IV proposes a practical reasonableness standard that balances the special needs of a computer search with the flexibility found under traditional container theories of searches and seizures. This Note proposes a specific set of guidelines to establish a protocol for properly seizing a computer that will effectively balance the government’s interest in searching and seizing a computer with the computer owner’s privacy interests

United States v. Payton: Redefining the Reasonableness Standard For Computer Searches and Seizures

This Note examines United States v. Payton and the issue of when it is reasonable to search a computer if it is not expressly authorized on the search warrant. Part I discusses the background facts of Payton and the Fourth Amendment. Part II analyzes why the Ninth Circuit ultimately decided Payton correctly but focused on the wrong underlying reason in its holding. The reasonableness standard for computer searches should be whether the computer “could” contain the evidence, rather than the stricter standard of “would” contain the evidence announced in Payton. However, because computers are different from traditional containers, they should be subject to judicial supervision and a defined search protocol as expressed through a warrant. Part III explains how the Ninth Circuit in Payton ultimately did what it had said it would not do in United States v. Giberson: create a distinctive category for computers separate from traditional containers and imply a bright-line rule mandating that a computer may not be searched without a warrant. Part IV proposes a practical reasonableness standard that balances the special needs of a computer search with the flexibility found under traditional container theories of searches and seizures. This Note proposes a specific set of guidelines to establish a protocol for properly seizing a computer that will effectively balance the government’s interest in searching and seizing a computer with the computer owner’s privacy interests

Spatial and environmental patterns of rare lotic macroinvertebrate diversity : a thesis presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Ecology at Massey University, Manawatū, Palmerston North, New Zealand

Stream macroinvertebrate communities comprise a few common taxa and many rare ones. Small populations of rare taxa can be more vulnerable to environmental change than those of common taxa. However, they are often discarded from community analyses on the grounds that they complicate data interpretation. The aim of this thesis was to evaluate the effect of rare taxa on assessing ecosystem health and on interpreting biodiversity patterns based on lotic macroinvertebrate communities. I assessed the effect of multiple types of rare taxa exclusion on biomonitoring, using macroinvertebrate data collected for the National River Water Quality Network of Aotearoa New Zealand. I compared the effect of different sampling methods on biodiversity patterns of rare taxa in pristine streams in the Tongariro National Park and determined the local environmental variables most strongly linked with common and rare taxa. Finally, I evaluated the effect dispersal processes and local environment have on structuring the common and rare components of lotic communities, considering the position within the stream network and the dispersal mode of the invertebrates. Exclusion of rare taxa led to significant misclassifications of ecological quality by biomonitoring tools that use presence-absence data, such as the Macroinvertebrate Community Index, and often masked their relationship with nutrient stressors. Different sampling methods collected clearly differentiated rare components of lotic assemblages, depending on the habitat sampled (riffles, non-riffles) and the life-stage of the invertebrates (benthic larvae, flying adults). A comprehensive species inventory can be compiled by combining methods, with benthic samples as the basis. Biodiversity metrics of the common and rare components of macroinvertebrate communities were related to similar environmental variables. While the structure of the two components was related to different variables, in combination they revealed a greater number of relationships with the environment. Rare taxa assemblages were not structured clearly by either local environment or dispersal processes, however their inclusion was necessary to demonstrate that the complete communities were determined by the local environment. Overall, I did not find any reason to exclude rare taxa from lotic macroinvertebrate studies, but rather found they can facilitate community analyses. Given the increasing threats on lotic macroinvertebrate biodiversity, it is also crucial to include them in such studies, hopefully so we can prevent their complete extinction

Geometric aspects of the isentropic liquid dynamics and vorticity invariants

We review a modern differential geometric description of fluid isentropic motion and features of it including diffeomorphism group structure, modelling the related dynamics, as well as its compatibility with the quasi-stationary thermodynamical constraints. We analyze the adiabatic liquid dynamics, within which, following the general approach, the nature of the related Poissonian structure on the fluid motion phase space as a semidirect Banach groups product, and a natural reduction of the canonical symplectic structure on its cotangent space to the classical Lie-Poisson bracket on the adjoint space to the corresponding semidirect Lie algebras product are explained in detail. We also present a modification of the Hamiltonian analysis in case of a flow governed by isothermal liquid dynamics. We study the differential-geometric structure of isentropic magneto-hydrodynamic superfluid phase space and its related motion within the Hamiltonian analysis and related invariant theory. In particular, we construct an infinite hierarchy of different kinds of integral magneto-hydrodynamic invariants, generalizing those previously constructed in the literature, and analyzing their differential-geometric origins. A charged liquid dynamics on the phase space invariant with respect to an abelian gauge group transformation is also investigated, and some generalizations of the canonical Lie-Poisson type bracket is presented. Keywords: liquid flow; hydrodynamic Euler equations; diffeomorphism group; Lie-Poisson structure; isentropic hydrodynamic invariants; vortex invariants; charged liquid fluid dynamics; symmetry reductio

Review of experience of family medicine in Europe and Central Asia (Vol. 3): Bosnia and Herzegovina case study

This report summarizes the findings of four case studies that review the experience of family medicine in Europe and Central Asia (ECA) Region. It is part of a study comprising five volumes that review the experience of family medicine in four countries in ECA--Armenia, Bosnia and Herzegovina, Kyrgyz Republic and Moldova. The report reviews the experience, draws lessons, and establishes an evidence base for detailed analysis. The study presents best practices for policy dialogue and future investments by the World Bank and other financial institutions. The detailed case studies compare these countries and draw common themes and issues. Comparisons are made with best-developed or existing models in the OECD and other countries in the Europe and Central Asia Region that have already undertaken family medicine reform

Carcinoma verrucoso: revisão da literatura e apresentação de um caso

This paper presents a review of the literature and a case report about verrucous carcinoma of the oral mouth. It is stressed the importance in the correct diagnosis and biopsy procedure in order to reach a precise final diagnosis.Este trabalho tem o propósito de apresentar uma revisão da literatura sobre o carcinoma verrucoso, e apresentar um caso desta lesão para chamar a atenção sobre alguns aspectos deste tumor como a importância do diagnóstico clínico bem orientado, assim como um planejamento criterioso para a execução da biópsia, passos importantes para um correto diagnóstico

Review of experience of family medicine in Europe and Central Asia : Executive summary

This report summarizes the findings of four case studies that review the experience of family medicine in Europe and Central Asia (ECA) Region. It is part of a study comprising five volumes that review the experience of family medicine in four countries in ECA--Armenia, Bosnia and Herzegovina, Kyrgyz Republic and Moldova. The report reviews the experience, draws lessons, and establishes an evidence base for detailed analysis. The study presents best practices for policy dialogue and future investments by the World Bank and other financial institutions. The detailed case studies compare these countries and draw common themes and issues. Comparisons are made with best-developed or existing models in the OECD and other countries in the Europe and Central Asia Region that have already undertaken family medicine reform

Gas Holdup in a Trayed Cold-Flow Bubble Column

An Experimental Study Was Performed to Investigate the Effect of Sieve Trays on the Time-Averaged Gas Holdup Profiles and the overall Gas Holdup in a Cold-Flow Bubble Column that Was Scaled-Down from a Commercial Unit. Γ-Ray Computed Tomography (CT) Was Used to Scan the Column at Several Axial Locations in the Presence and Absence of Trays from Which the Local Variation of the Gas Holdup Was Extracted. the overall Gas Holdup Was Also Determined using the Same Configuration by Comparing the Expanded and Static Liquid Heights. Air and Water Were Used as the Gas-Liquid System. the Superficial Gas and Liquid Velocities Were Selected to Span the Range of the Commercial System using Gas Spargers Having Multiple Lateral Distributors that Were Also Scaled-Down from the Commercial Design. to Investigate the Impact of Sparger Hole Density on the Local and overall Gas Holdup, Two Difference Sparger Designs Were Used in Which the Hole Density Per Lateral Was Varied. the Gas Hole Velocity Was Maintained Constant at Ca. 245 M/s, Which Approached that Used in the Commercial Reactor. It is Shown that the Local Gas Holdup Determined by CT is Generally Higher in the Tray Down Comer Region and Exhibits an Asymmetric Pattern When Trays Are Present. the Use of Increased Sparger Hole Density at a Constant Gas Superficial Velocity Leads to Steeper Gradient in the Gas Holdup Near the Column Centerline and a Higher overall Gas Holdup. These Findings Suggest that the Performance of Bubble Column Reactors for Various Applications is Sensitive to Both Sparger and Tray Design. © 2001 Elsevier Science Ltd. All Rights Reserved