DOCSLIB.ORG

The Briefing August 2010 Board of Directors Chairman NW3C, NAAG Develop Training for Intellectual Glen B

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Briefing August 2010 Board of Directors Chairman NW3C, NAAG Develop Training for Intellectual Glen B The Briefing August 2010 Board of Directors Chairman NW3C, NAAG Develop Training for Intellectual Glen B. Gainer, III West Virginia State Auditor’s Office Property Crime Enforcement Great Lakes ntellectual property (IP) crime involves The course curriculum will focus on the need Larry Turner Iviolations of copyright, patent, trademark to pursue these crimes, how to identify IP Indiana State Police and trade secret laws. Typically thought of infringement and various investigative and Mid-Atlantic as crimes that involve the counterfeiting of prosecutorial techniques. State and local law Mike Brown luxury goods or piracy of music or movies, enforcement and prosecutors are encouraged to Bedford County Sheriff’s Office intellectual property crimes also run the attend this training. gamut from pharmaceuticals to batteries and Midwest By bringing investigators and prosecutors baby formula, posing significant health and together, the goal of these training sessions is Ken Nix safety risks to the public. Clayton Police Department to facilitate lasting communication between As a response to this serious threat, the Bureau these two groups, ensuring the success of this Mountain of Justice Assistance has awarded NW3C and initiative in the years to come. Ultimately, this Kathleen Kempley the National Association of Attorneys General initiative is designed to increase investigations and Arizona Attorney General’s Office (NAAG) a grant to provide training to state prosecutions of IP crime nationwide. Northeast and local law enforcement related to IP crime. For more information about this training, contact Chris Cotta The first in this series of IP training sessions James Foley, NW3C Manager of Curriculum Rhode Island Office of the — “Fake Products, Real Crime: Intellectual Development, at [email protected]. Attorney General Property Theft” — will take place Sept. 14 at South Central Embassy Suites North in Hunt Valley, MD (a To register, visit http://outreach. Denise Voigt Crawford suburb of Baltimore). Subsequent sessions nw3c.org/iprt/ Texas State Securities Board tentatively are planned for Raleigh, NC; Jackson, MS; and Miami, FL. Southeast John Whitaker Georgia Bureau of Investigation West NW3C and BJA Host Intellectual Property Sean Rooney California Department of Crime Summit Corporations oin the National White Collar Crime safety concerns and the relationship to gangs, Helpful Links JCenter and the Bureau of Justice organized crime and terrorism. www.nw3c.org Assistance in Pasadena, California for the The event takes place on Sept. 30 from 7 a.m. to 5 Intellectual Property Crime Summit “Real https://members.nw3c.org p.m. at the Hilton Pasadena. Space is still available Crime, American Jobs: Why You Should and there is no cost to attend the event. www.ic3.gov Care About Intellectual Property Rights.” https://icsis.nw3c.org You will hear about the economic impact, To register, visit http://outreach.nw3c.org/ www.facebook.com/ NationalWhiteCollar CrimeCenter www.twitter.com/ NW3CNews Contact Us Membership 800-221-4424 Investigative Support 800-221-4424, ext. 3520 Training 877-628-7674 IC3 800-251-3221 1 © 2010. NW3C, Inc. d/b/a the National White Collar Crime Center. All rights reserved. Coming Events Scams Use ‘Social Engineering’, Intellectual Property Automated Phone Calls on Victims Rights Training he Internet Crime Complaint Center (IC3) victims’ cell and land lines with thousands has received reports of e-mail or social of calls. When victims answer, they hear Fake Products, Real networkingT accounts being used in a social dead air, an innocuous recorded message, an Crime: Intellectual engineering scam to swindle consumers out of advertisement or a telephone sex menu. Property Theft thousands of dollars. The automated calls prevent banks or brokerage In this scam, a hacker assumes a victim’s online firms from verifying victim account changes Sept. 14, 2010 persona and uses that person’s e-mail or social and transactions, giving thieves just enough networking account to send a notice to the time to transfer funds. victim’s contacts. Posing as the victim, the hacker Preventing such attacks requires vigilance. Embassy Suites North asks for money because he was robbed of credit Hunt Valley, MD Victims can place fraud alerts with credit cards, cash, passport and cell phone in London bureaus if they fear they were targeted by a or some other location. Some hackers claim they TDoS attack. Also, consumers should always Register at: only have a few days to settle a hotel bill. use strong passwords for all financial accounts http://outreach.nw3c. In another recent scheme, the FBI discovered and change them regularly. org/iprt/ fraudsters using telecommunications denial-of- Moreover, consumers should review credit service (TDoS) attacks as cover to raid money reports for fraudulent activity on an annual from victims’ bank and brokerage accounts. basis. If they feel they have been the victim of an The TDoS attacks use automated dialing Internet crime, they should file a complaint at Intellectual Property programs and multiple accounts to overwhelm www.ic3.gov. Crime Summit Cordia Steps Down; Nix Named Midwest Region Director Real Crime, American Jobs: Why You fter 12 years of service on the NW3C board, 32 years, including the last Paul Cordia has stepped down as Midwest 12 years assigned to the Should Care About RegionA Director. Criminal Investigations Intellectual Property Sgt. Cordia, who will retire as supervisor of Division. Rights the Missouri State Highway Patrol’s Computer He serves as Operations Forensic Unit, first joined the NW3C board in Supervisor for the Regional Sept. 30, 2010 1998 as a Second Alternate. In 2000, Sgt. Cordia Computer Crime Education was elected as the Midwest Region Director, a and Enforcement Group, Paul Cordia Hilton Pasadena position he has held for the last 10 years. a forensic investigation group that assists agencies Pasadena, CA “We commend Sgt. Cordia’s record of service to NW3C, its mission and member agencies,” throughout Missouri. said Don Brackman, NW3C Director. “His An investigator/forensic Register at: leadership has contributed greatly to this examiner for computer http://outreach.nw3c.org organization’s success over the years, and we crimes cases, Detective wish him well in his future endeavors.” Nix also is a member Cordia received NW3C’s Michael F. Burns of the Greater St. Louis Award in 2004 for his significant contributions Major Case Squad, the U.S. to the organization’s vision and mission. Attorney’s Computer Crime Task Force and the Anti- Ken Nix Detective Ken Nix will serve as NW3C’s Midwest Terrorism Advisory Council Region Director until October. Nix has been and chairs the Cyber-Terrorism Section of the with the Clayton (MO) Police Department for St. Louis Region. 2 Membership Newsletter August 2010 Fallen Heroes NW3C Launches Facebook, Twitter Pages July 2010 Remembering Our W3C has joined the millions of and services offered by NW3C. Facebook® users Member Agencies' Heroes organizations utilizing social media can choose to “like” NW3C and receive updates Killed in the Line of Duty* servicesN to provide information to the media as soon as they’re posted. and public. NW3C’s Twitter™ feed offers followers Check out NW3C’s Facebook® and TwitterTM information on the latest scams affecting the Officer Michael Bailey pages: public as well as training and event information Chicago Police and links to recent news releases. Department, IL www.facebook.com/ NationalWhiteCollarCrimeCenter “We are very excited to be able to stay in constant communication with our member Inspector Timothy Barnes agencies and the public,” said Don Brackman, North Carolina www.twitter.com/NW3CNews NW3C Director. “Not only will we be able Department of to let our member agencies know about Transportation - Division of upcoming events and training but we will also Motor Vehicles - License & The Facebook® page displays a variety of Theft Bureau, NC information, including recent news releases, have a way to communicate with the general videos, training opportunities and upcoming public about white collar crimes that impact events as well as other details about programs their friends, family or themselves.” Deputy Sheriff Shawn Hess July 2010 New Members Tazewell County Sheriff’s Office, VA Great Lakes Piatt County Sheriff’s Office, IL Adams Township Police Department, PA University of Wisconsin Police Department - Altoona Regional Health System Police Green Bay, WI Officer Carlos Ledesma Department, PA Mountain Chandler Police Brecksville Police Department, OH Buena Vista Police Department, CO Department, AZ Girard Police Department, OH Geary County Sheriff’s Department, KS Noblesville Police Department, IN Missoula Police Department, MT Ohio Township Police Department, PA Detective Michael Perry Northeast Patton Township Police Department, PA White Plains Police Penndel Borough Police Department, PA Chesterfield Police Department, NH Department, NY Roaring Spring Police Department, PA Durham Police Department, NH Robinson Township Police Department, PA East Kingston Police Department, NH New York State Office of Homeland Security, NY Deputy Sheriff Mid-Atlantic Schoharie County Probation Department, NY Samuel Smith National Indian Gaming Commission - Enforcement State University of New York Police Department - Franklin County Division, D.C. Morrisville, NY Sheriff’s Office, KS Philippi Police Department, WV Trumansburg Police Department, NY Tennessee Office of the Attorney General - 13th West Seneca Police Department,
Load more

Recommended publications
  • The Rugged Individual's Guide to the Fourth Amendment: How The
    University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2018 The Rugged Individual's Guide to the Fourth Amendment: How the Court's Idealized Citizen Shapes, Influences, and Excludes the Exercise of Constitutional Rights Scott E. Sundby University of Miami School of Law, [email protected] Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Civil Rights and Discrimination Commons, and the Constitutional Law Commons Recommended Citation Scott E. Sundby, The Rugged Individual's Guide to the Fourth Amendment: How the Court's Idealized Citizen Shapes, Influences, and Excludes the Exercise of Constitutional Rights, 65 UCLA L. Rev. 690 (2018). This Article is brought to you for free and open access by the Faculty and Deans at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. The Rugged Individual's Guide to the Fourth Amendment: How the Court's Idealized Citizen Shapes, Influences, and Excludes the Exercise of Constitutional Rights Scott E. Sundby ABSTRACT Few figures inspire us like individuals who stand up for their rights and beliefs despite the peril that may follow. One cannot help but feel awe looking at the famous photograph of the lone Tiananmen Square protestor facing down a line of Red Army tanks, his willowy frame clothed in a simple white shirt and black pants as he holds a shopping bag.
    [Show full text]
  • STATE of NEW HAMPSHIRE JOHN H. LYNCH GOVERNOR Raymond S. Burton John D. Shea Beverly A. Hollingworth Raymond J. Wieczorek Debo
    STATE OF NEW HAMPSHIRE JOHN H. LYNCH GOVERNOR Raymond S. Burton John D. Shea Beverly A. Hollingworth Raymond J. Wieczorek Deborah Pignatelli Executive Councilors Department of Justice Kelly A. Ayotte Attorney General June 2008 TABLE OF CONTENTS I. THE LAW REGARDING ON-THE-STREET ENCOUNTERS AND INVESTIGATIVE DETENTIONS...................................................................................................1 A. Introduction.........................................................................................1 B. Initial Encounter .................................................................................1 C. When An Encounter Constitutes A Seizure........................................2 1. Factors Relevant In Determining Whether A Person Has Been Seized .............................................................................2 2. Submission Is Not Necessary For A Seizure To Occur ..........3 D. Investigative Or Terry Stops...............................................................4 1. An Investigative Stop Must Be Supported By Reasonable Suspicion..................................................................................4 2. General Factors That May Support Reasonable Suspicion To Justify A Terry Stop...........................................................5 3. Specific Factors That May Support Reasonable Suspicion To Justify A Terry Stop...........................................................6 a. Officer’s Personal Knowledge And Observations .......6 b. Officer’s Training And Experience..............................6
    [Show full text]
  • Wolf at the Door: Issues of Place and Race in the Use of the “Knock and Talk” Policing Technique Andrew Eppich [email protected]
    Boston College Journal of Law & Social Justice Volume 32 | Issue 1 Article 5 January 2012 Wolf at the Door: Issues of Place and Race in the Use of the “Knock and Talk” Policing Technique Andrew Eppich [email protected] Follow this and additional works at: http://lawdigitalcommons.bc.edu/jlsj Part of the Civil Rights and Discrimination Commons, and the Law Enforcement and Corrections Commons Recommended Citation Andrew Eppich, Wolf at the Door: Issues of Place and Race in the Use of the “Knock and Talk” Policing Technique, 32 B.C.J.L. & Soc. Just. (2012), http://lawdigitalcommons.bc.edu/jlsj/vol32/iss1/5 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Journal of Law & Social Justice by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. WOLF AT THE DOOR: ISSUES OF PLACE AND RACE IN THE USE OF THE “KNOCK AND TALK” POLICING TECHNIQUE Andrew Eppich* Abstract: The procedure known as “knock and talk” allows police to ap- proach a dwelling, knock on the door, and ask questions of the inhabitant with the goal of obtaining entry into the dwelling. This is a popular polic- ing technique because probable cause or a warrant is not required. This Note analyzes the effect of knock and talk on conceptions of privacy and space held by those most frequently targeted: low income and minority in- dividuals. It argues that the curtilage doctrine, which protects the area sur- rounding the home, does not assist these individuals.
    [Show full text]
  • Summer 2021 Criminal Law Webinar Case
    Phil Dixon [email protected] Jonathan Holbrook [email protected] Brittany Williams [email protected] Summer Criminal Law Webinar June 4, 2021 Cases covered include reported decisions from the U.S. Supreme Court and the North Carolina appellate courts decided between December 15, 2020, and May 18, 2021. The summaries were prepared by School of Government faculty and staff. To view all of the summaries, go to the Criminal Case Compendium or the North Carolina Criminal Law Blog. To obtain the summaries automatically by email, sign up for the Criminal Law Listserv. Investigatory Stops and Seizures The application of physical force with intent to restrain a suspect, even if unsuccessful, is a Fourth Amendment seizure Torres v. Madrid, 592 U.S. ___, 141 S. Ct. 989 (Mar. 25, 2021) (Roberts, C.J.). Law enforcement officers were attempting to serve an arrest warrant early in the morning at an apartment complex in New Mexico. They noticed the plaintiff in the parking lot and realized she was not the subject of the warrant but wished to speak with her. As they approached, the plaintiff entered her car. According to the plaintiff, she did not immediately notice the police approaching (and was admittedly under the influence of methamphetamine). When an officer tried to open her car door to speak with her, she noticed armed men surrounding her car for the first time and drove off, fearing a carjacking. Although not in the path of the vehicle, the officers fired 13 rounds at the car as it drove away. The plaintiff was struck twice in her back but escaped, only to be apprehended the next day.
    [Show full text]
  • Consent Searches and Fourth Amendment Reasonableness Alafair S
    Florida Law Review Volume 67 | Issue 2 Article 2 January 2016 Consent Searches and Fourth Amendment Reasonableness Alafair S. Burke Follow this and additional works at: http://scholarship.law.ufl.edu/flr Part of the Constitutional Law Commons Recommended Citation Alafair S. Burke, Consent Searches and Fourth Amendment Reasonableness, 67 Fla. L. Rev. 509 (2016). Available at: http://scholarship.law.ufl.edu/flr/vol67/iss2/2 This Article is brought to you for free and open access by UF Law Scholarship Repository. It has been accepted for inclusion in Florida Law Review by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. Burke: Consent Searches and Fourth Amendment Reasonableness CONSENT SEARCHES AND FOURTH AMENDMENT REASONABLENESS Alafair S. Burke* Abstract This Article builds on a growing body of scholarship discussing the role of reasonableness in consent-search doctrine. Although the language of “voluntary consent” implies a subjective inquiry into the state of mind of the person granting consent, the U.S. Supreme Court has repeatedly injected an objective standard of reasonableness into its analysis of a citizen’s consent. Several scholars have characterized the Court’s consent jurisprudence as focusing not on true voluntariness but on the reasonableness of police conduct, which they argue is appropriate because the touchstone of the Fourth Amendment is “reasonableness.” While the renewed scholarly focus on the role of reasonableness in the Court’s consent jurisprudence is helpful in explaining the puzzling disconnect between language and doctrine, much of this current emphasis has been distorted by the dichotomy between coercion and voluntariness: Did police use (unreasonable) coercive tactics that would override a (reasonable) person’s free will? However, the Fourth Amendment’s default concept of reasonableness is based not on coercion or volition but on its requirement of a warrant based on probable cause.
    [Show full text]
  • United States V. Lundin
    FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 14-10365 Plaintiff-Appellant, D.C. No. v. 4:13-cr-00402- JST-1 ERIC EUGENE LUNDIN, AKA Whitey, Defendant-Appellee. OPINION Appeal from the United States District Court for the Northern District of California Jon S. Tigar, District Judge, Presiding Argued and Submitted September 18, 2015—San Francisco, California Filed March 22, 2016 Before: William A. Fletcher, Marsha S. Berzon, and Carlos T. Bea, Circuit Judges. Opinion by Judge W. Fletcher 2 UNITED STATES V. LUNDIN SUMMARY* Criminal Law In an interlocutory appeal by the government, the panel affirmed the district court’s order suppressing handguns seized from the defendant’s home, and remanded for further proceedings. The panel held that the warrantless search of the defendant’s home was not justified by exigent circumstances. The panel explained that the “knock and talk” exception to the warrant requirement does not apply when officers encroach upon the curtilage of a home with the intent to arrest the occupant. The panel saw no reason to disturb the district court’s finding that the officers’ purpose in knocking on the defendant’s door at 4:00 a.m., in response to a deputy’s request that the defendant be arrested, was to find and arrest him. The panel held that the officers therefore violated the defendant’s Fourth Amendment right to be free from unlawful searches when they stood on his porch and knocked on his front door. Since this unconstitutional conduct caused the allegedly exigent circumstance— crashing noises in the backyard—the panel concluded that that circumstance cannot justify the search resulting in the seizure of the handguns.
    [Show full text]
  • The Story Behind the Numbers: a Qualitative Evaluation of the Houston TX Truancy Reduction Demonstration Program
    NCSE I National Center for School Engagement The Story Behind the Numbers: A Qualitative Evaluation of the Houston TX Truancy Reduction Demonstration Program National Center for School Engagement January, 2007 An initiative of the Colorado Foundation for Families and Children 303 E. 17th Avenue, Suite 400 Denver, CO 80203 303/837-8466 www.schoolengagement.org Promoting ,11te11d,mce, rztt,1chmcm mul achirnwum Introduction The Gulfton Truancy Reduction Demonstration Project in Houston, TX, uses two primary methods of reducing truancy. The first is a case management model in which students and families are assigned to a case manager in an effort to identify and address unmet needs that may be impacting school attendance. The case manager attempts to establish a network of community resources to serve families in a variety of areas. Based upon a family’s particular needs, the case manager makes referrals to the appropriate community service agencies. These agencies provide to families of truant youth services such as temporary shelter, food, clothing and physical or mental health assistance. The case management model is used in conjunction with a second method, commonly known as “Knock and Talk,” in which police officers make visits to the homes of students with identified truancy patterns. Officers may issue tickets to the students and/or parents indicating that the student is in violation of state law for mandatory school attendance. Officers attempt to connect with families and engage them in conversation about the kinds of behaviors that lead to truancy and the importance of school attendance. Additionally, the officers attempt to build relationships with the student and families that extend beyond the formal home visit.
    [Show full text]
  • Developments in Federal Search and Seizure Law
    FEDERAL PUBLIC DEFENDER DISTRICT OF OREGON LISA C. HAY Federal Public Defender Oliver W. Loewy STEPHEN R. SADY 101 SW Main Street, Suite 1700 Elizabeth G. Daily Chief Deputy Defender Portland, OR 97204 Conor Huseby Gerald M. Needham Robert Hamilton Thomas J. Hester 503-326-2123 / Fax: 503-326-5524 Bryan Francesconi Ruben L. Iñiguez Ryan Costello Anthony D. Bornstein Branch Offices: Irina Hughes▲ Susan Russell Kurt D. Hermansen▲ Francesca Freccero 859 Willamette Street 15 Newtown Street Devin Huseby + C. Renée Manes Suite 200 Medford, OR 97501 Kimberly-Claire E. Seymour▲ Nell Brown Eugene, OR 97401 541-776-3630 Jessica Snyder Kristina Hellman 541-465-6937 Fax: 541-776-3624 Cassidy R. Rice Fidel Cassino-DuCloux Fax: 541-465-6975 Alison M. Clark In Memoriam Brian Butler + Nancy Bergeson Thomas E. Price 1951 – 2009 Michelle Sweet Mark Ahlemeyer ▲ Eugene Office Susan Wilk + Medford Office Research /Writing Attorney DEVELOPMENTS IN FEDERAL SEARCH AND SEIZURE LAW Stephen R. Sady Chief Deputy Federal Public Defender October 2020 Update Madeleine Rogers Law Clerk TABLE OF CONTENTS Page A. Introduction ..................................................................................................................... 3 B. What Constitutes A Search? ............................................................................................ 3 C. What Constitutes A Seizure? ......................................................................................... 14 D. Reasonable Expectation of Privacy ..............................................................................
    [Show full text]
  • In the Supreme Court of the State of Vermont Docket No
    IN THE SUPREME COURT OF THE STATE OF VERMONT DOCKET NO. 2019-388 STATE OF VERMONT, APPELLEE V. PHILLIP WALKER-BRAZIE & BRANDI LENA-BUTTERFIELD, APPELLANT APPEAL FROM THE SUPERIOR COURT OF VERMONT, CRIMINAL DIVISION ORLEANS COUNTY DOCKETS NO. 555-9-18 Oscr, 558-9-18 Oscr Appellee State of Vermont’s Brief STATE OF VERMONT By: David Tartter Deputy State’s Attorney 110 State Street Montpelier VT 05633-6401 Telephone: 802-828-2891 Fax: 802-828-2881 [email protected] On the brief: Spencer Davenport, law clerk ISSUES PRESENTED Whether this Court has already twice decided that Article 11 has no application to searches conducted by federal government officials acting under the exclusive federal authority to safeguard the borders of the United States and therefore whether the issue on appeal has been squarely decided against the defendants. Whether those precedents should be overruled or can be distinguished. Whether this case also concerns the reverse silver platter doctrine, or Border Patrol activity in the interior of Vermont, or disincentivizing state law enforcement officers, or Vermont officers collaborating or cooperating with the Border Patrol, or with allegations of CBP excesses in other contexts, or with the sufficiency of reasonable suspicion or probable cause here. i TABLE OF CONTENTS Page Issues Presented ............................................................................................................. i Table of Authorities .....................................................................................................
    [Show full text]
  • The Protective Sweep Doctrine: Reaffirming a Limited Exception
    The Protective Sweep Doctrine: Reaffirming a Limited Exception MAREN J. MESSING* In Maryland v. Buie, the U.S. Supreme Court articulated a standard de- fining the scope of a protective sweep that could be considered valid within the confines of the Fourth Amendment. This Note analyzes how state courts are applying the protective sweep standard defined in Buie and finds that courts tend to allow sweeps based on “categorization” rather than on “articulable facts,” as Buie requires. In order to prevent protective sweeps from becoming a default method for law enforcement officials to perform searches and seizures, this Note argues that courts need to be more selective about the facts they allow to justify these searches. The po- lice must articulate specific facts demonstrating a reasonable suspicion, developed after they arrived, that another person is present and must pro- vide a reasonable basis for believing that the person believed to be present is a danger to those at the scene. I. INTRODUCTION Police arrive at the home of a suspect, armed with an arrest warrant. Upon seeing the suspect walking towards his home, they jump out of the car and call out to him. The officers inform the suspect that they have a warrant for his arrest and that they are going to take him into custody. The suspect does not respond but moves towards the sliding door of his home. Just as he sets a * Articles Editor, COLUM. J.L. & SOC. PROBS., 2010–2011. J.D. Candidate 2011, Columbia Law School. The author thanks Professor Daniel Richman for his advice and guidance on this project.
    [Show full text]
  • Criminal Justice Reform in Post-Conflict States a Guide for Practitioners
    Criminal justice reform in post-conflict States A guide for practitioners UNITED STATES INSTITUTE OF PEACE UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Criminal justice reform in post-conflict States A guide for practitioners Developed jointly with the United States Institute of Peace UNITED NATIONS New York, 2011 © United Nations, September 2011. All rights reserved. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city, area or of its authorities, or concerning the delimitation of its frontiers or boundaries. This publication has not been formally edited. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna Foreword The reform of criminal justice systems has become a priority for the international com- munity in its efforts to assist transitional and post-conflict societies in re-establishing the rule of law. In different parts of the world—from Afghanistan to Iraq, Haiti to Liberia— numerous international and regional organizations, bilateral donors, and non-governmen- tal organizations are engaged in a variety of activities aimed at rebuilding or developing criminal justice systems. The men and women sent by the international community to advise post-conflict States on specific facets of criminal justice reform are talented, dedicated, and hard working. However, their determination to make a difference can lead them—especially those unfamiliar with the requirements of operating in unstable and unpredictable post-conflict environments—to focus solely on their own aspects of criminal justice reform and lose sight of the challenges and complexities of criminal justice reform as a whole.
    [Show full text]
  • Who's There? the Parameters of Police 'Knock and Talk' Tactics
    Who’s there? The parameters of police ‘knock and talk’ tactics By David Louis Raybin March 2007 “Knock and Talk” is a legitimate police tactic, but only if officers observe citizens’ zones of privacy scrupulously. Otherwise they risk suppression of any evidence found. Find out where the line is drawn – what’s considered a private area might surprise you. 1 “Who’s that knocking at my door?” “Who’s that knocking at my door?” “Who’s that knocking at my door?” Asked the fair young maiden. “It’s only me, from Precinct Three.” Said Constable Billy Draper. “I’ll come down and let you in.” “I’ll come down and let you in.” “I’ll come down and let you in.” Said the fair young maiden. “Well hurry before I break the door.” Said Constable Billy Draper. (With apologies to “Barnacle Bill the Sailor”) With increasing frequency police officers are entering homes and conducting de facto searches as part of modern “knock and talk” procedures. Essentially the officers use their implicit authority to “inquire about crime” and request entrance into the target home to “talk about it.” Once inside via “consent,” the officers see all manner of alleged criminal activity “in plain view” and then “freeze the scene” and secure a search warrant. Is the subsequent search “reasonable” as contemplated by the federal and state constitutions? What are the limits of the officer’s right to knock on the front door in the first place? What if the dwelling is in an apartment building or a multi-story condominium? This article addresses the scope of such intrusions.
    [Show full text]