Fourth Amendment update: the Supreme Court and strip searches: Safford Unified School District No. 1 v Redding

In light of the dramatic increase in the presence of weapons, violence, drugs, and other contraband in schools, school officials in the United States and England face significant challenges as they seek to maintain safe and orderly learning environments. Almost twenty five years after the United States Supreme Court's 1985 ruling in New Jersey v. T.L.O. allowed educational officials to search student lockers and property in order to keep schools safe, the Justices addressed the more delicate matter of strip searches for contraband such as drugs. In Safford Unified School District No. 1 v. Redding (Redding), the Court invalidated the strip search of a student for drugs but left the door open for the possibility of allowing searches for weapons under some circumstances. In light of remaining unanswered questions after Redding, this article reviews the background on the Fourth Amendment, earlier cases on student searches in American public schools, Redding in detail, and reflects on unanswered questions in its wake in the hope of shedding light on the propriety of strip searches of students.     

论我国附带搜查制度的建构

附带搜查制度是现代刑事诉讼搜查制度令状主义原则的一个重要例外,为现代刑事诉讼所普遍确认。我国在建立附带搜查制度时,应借鉴英国、美国、日本等国家的相关规定,合理架构搜查制度体系,明确其启动的前提条件、时间限制、实质要件和范围限制,以弥补立法缺陷,满足侦查实践的需要。     

重新定义高科技时代下的搜查

高科技搜查手段的出现，改变了传统搜查的理论依据。高空搜查、高空照相、通讯记录搜查、电波追踪、热像仪、望远镜等高科技搜查手段的使用，使判断搜查的标准发生了变化。     

在侦查本位与审判本位之间:法治语境中的搜查程序研究

搜查在侦查活动中有着极为重要的作用。然而,这种侦查手段又极有可能侵犯公民的权利,所以世界各国都从程序上对搜查进行了严格的控制。通过对英、美、法、德、意、日六国的搜查制度进行考察研究,总结正当搜查程序的最低限度要求,分析我国搜查制度的现状和问题,对我国的搜查制度进行了规范化研究。     

谈在建筑物内的搜捕作战

为了使警察在建筑物内搜捕作战时避免伤亡和减少作战损失,文章运用了文献综述法,对在建筑物内搜捕作战的特点和作战方式进行了分析,提出了在建筑物内搜捕作战时,应从封锁建筑物与控制现场、战术侦察、搜捕作战方案、建筑物内战斗、甄别与控制五个方面着手。     

Comparison of feature selection and data fusion of Fourier transform infrared and Raman spectroscopy for identifying watercolor ink

The identification of different kinds of watercolor inks is an important work in the field of forensic science. Four different kinds of watercolor ink Spectroscopy data fusion strategies (Fourier Transform Infrared spectroscopy and Raman spectroscopy) combined with a non-linear classification model (Extreme Learning Machine) were used to identify the brand of watercolor inks. The study chose Competitive Adaptive Reweighted Sampling (CARS), Random Frog (RF), Variable Combination Population Analysis-Genetic Algorithm (VCPA-GA), and Variable Combination Population Analysis-Iteratively Retains Informative Variables (VCPA-IRIV) to extract characteristic variables for mid-level data fusion. The Cuckoo Search (CS) algorithm is used to optimize the extreme learning machine classification model. The results showed that the classification capacity of the mid-level fusion spectra model was more satisfactory than that of single Infrared spectroscopy or Raman spectroscopy. The CS-ELM models based on infrared spectroscopy used to recognize the watercolor ink according to brands (ZHENCAI, DELI, CHENGUANG, and STAEDTLER) obtained an accuracy of 66.67% in the test set using all spectral datasets. The accuracy of CS-ELM models based on Raman spectroscopy was 67.39%. The characteristic wavelength selection algorithms effectively improved the accuracy of the CS-ELM models. The classification accuracy of the mid-level spectroscopy fusion model combined with the VCPA-IRIV algorithm was 100%. The data fusion method increased effectively spectral information. The method could satisfactorily identify different brands of watercolor inks and support the preservation of artifacts, paintings, and forensic document examination.     

Predicting Serial Killers' Home Base Using a Decision Support System

The effectiveness of a geographical decision support tool (Dragnet) forlocating the base of serial offenders was compared across 570 modelscomprised of a range of negative exponential functions, buffer zonecomponents, and normalization parameters. The models were applied to thebody disposal locations within each series for 70 U.S. serial killers. Twonormalization parameters were compared for all functions. The test ofeffectiveness was a specifically defined measure of search cost. Whenapplied to the Dragnet predictions it was found that the specially developednormalization parameter (QRange) produced the optimal search costs. Theoptimal search cost was also found to be for a function that did not includeany buffer zone. The optimal, average search cost across the whole samplewas 11% of the defined search area. Fifty-one percent of the offendersresided in the first 5% of the search area, with 87% in the first 25%. Allresided in the total defined search area. These results support thepotential for operational tools using such procedures as well ascontributing to our understanding of criminal's geographicalbehavior. The applicability to other forms of serial crime is considered.     

K9 water searches: scent and scent transport considerations

Increased use of water search dogs for detecting submerged bodies has created the need for a better understanding of scent emanating from the bodies and how it transits the water to the dog's nose. A review of recent literature identifies likely scent sources, potential scent transport processes, and research needs. Scent sources include gases in bubbles or dissolved in the water, liquids as buoyant plumes and droplets or dissolved in the water, and solids consisting of buoyant particulates with secretions, bacteria, and body fluids. Potential transport processes through the water include buoyancy, entrainment, and turbulence. Transport processes from the water surface into the air include volatilization and evaporation enhanced by bubble bursting, breaking waves, splashing, and wind spray. Implications for the use of water search dogs are examined. Observations of submerged, decomposing bodies are needed to quantify the physical and chemical characteristics of the scent and scent transport processes.     

The Google conundrum: Perpetrator or facilitator on the net? - Forging a fair copyright framework of rights, liability and responsibility in response to search engine 2.0 - Part II: The Google Books Search Project

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a case study, this paper will look at the two main areas of dispute over the operations of information locator tools and services that either threatens search engine functionality and efficiency or weakens copyright holders’ exclusive rights. It proposes a concerted set of solutions through a reassessment and amendment of copyright law to optimize the social benefits and objectives of both the copyright regime and technological innovations in the electronic model of information archiving, indexing and delivery. A fair distribution of responsibilities and allocation of rights and liabilities will be suggested. In the process, due consideration will be given to both public and private interests, with the former taking precedence; while the recommended solutions will be made within the currently outdated framework for Internet intermediary protection (i.e. safe harbor laws) and exceptions (i.e. specific statutory exemptions and the general fair use defense) under the existing copyright regime. Thus, the proposed changes will be far reaching without being too radical a departure from current law, an evolution that will likely be more acceptable and realistic a solution to the problem.This paper is published in two parts. Part One of this paper published in the previous edition of the CLSR at [2011] 27 CLSR 110-131 dealt with the challenges to the copyright regime posed by the operations and technology behind the Google Images Search Engine, while Part Two will assess the benefits of the Google Books Search Project vis-à-vis the effects it will have on the scope of copyright protection. Recommendations are made to copyright law to accommodate both functions while generally preserving the main objectives of copyright protection.