Defining and Assessing Modern CSR Essay Example | Topics and Well Written Essays - 750 words

Defining and Assessing Modern CSR - Essay Example Ethical responsibility means the delivery treatment to the stakeholders in a manner that society previously prescribed as acceptable. All companies, especially the Oil Sands Development Corporation, must comply with Canada’s prescribed corporate social responsibility provisions. Further, the entities’ social responsibility is divided in two major areas. One area is economic in nature. The business entities’ survival is grounded on generating revenues. The revenues must be high enough to generate net profits. If the company does not generate a net profit in the current or future accounting period, there is high probability that the entities may file for bankruptcy. The usual step for a bankrupt company is to close shop. Next, another major area of the entities’ social responsibility is environmental responsibility (Hopkins, 2012). The nation compulsorily requires all companies to implement all environmental protection law provisions. The companies must not pollute the environment. The entities should never pollute the waters of our plants (rivers, lakes, and oceans). In addition, the entities should not pollute the air. The factories must build high smoke stacks to reduce polluting the community air. Further, one environment-friendly news report divulged one Canadian company’s blatant violation of its corporate social responsibility (Wingrove, 2013). Wingrove observed the Oil Sands Development Company’s business activities continue to pollute the nearby Alberta lakes. The Canadian government reiterated that Canadian companies can set up their business to generate profits. However, the Canadian government reiterates all locally set up companies should not violate any of Canada’s environmental protection statutes. The continuing pollution of the nearby Alberta lakes will snap out the life of the current and future marine life. The marine life includes the fishes and other

Eastern Philosophy Essay Example for Free

Eastern Philosophy Essay Compare and contrast the Hindu doctrine of Atman-Brahman with the Buddhist notion of non-atman. What was the Buddha reacting against? Is Buddhism to be considered a religion or a philosophy? Hindus strongly believe that in an uncreated, eternal, infinite, transcendent, and all-embracing principle, which, comprising in itself being and non-being, is the sole reality, the ultimate cause and foundation, source, and goal of all existence. This sole magnanimous reality is called brahman. As the All, brahman causes the universe and all beings to emanate from its core and morphs itself into the universe, or assumes its guise. Brahman is in every matter in this world and is the â€Å"Self† (atman) of all living beings. Brahman plays crucial roles such as the creator, preserver, or transformer, and â€Å"reabsorber† of all matters. Yet it is Being in per se, without attributes and qualities, hence impersonal, it may also be conceived of as a personal high God, usually as Vishnu or Siva. This fundamental belief in and the essentially religious search for ultimate reality which implies â€Å"The One that is the all† have continued almost unaltered for more than 50 centuries and have been the central focus and core of Indias spiritual life (www. rystalinks. com/hindu). Siddhartha Gautama also called the Buddha, and Vardhamana called Mahavira â€Å"the great teacher of Jainism† . Several heterodox teachers who organized bands of ascetic followers. Every group mandated itself to follow a certain code of conduct. They received generous support from prominent families and merchants. The latter were growing in wealth and influence, and most of them were searching for alternative forms of religious activity that would give them a more significant role than did orthodox Brahmanism or that would be less expensive to support. Which, in a way, was considered an opposition to doctrines and teachings of Brahmanism. It is suffice to say that Buddhism has similarities with Brahmanism yet at odds with one another (www. crystalinks. com/hindu). Buddhism is considered as a religion for Buddhists yet a philosophy for some. It is a set of doctrines and teachings that is usually describe as a religion. Compared to other religions, other Buddhists allege that Buddhism is not a religion per se, which is a contradiction of their faith to their chosen religion. Other sects say that it is a mere philosophy that are bounded by the teachings of Siddhartha Gautama, the one who founded Buddhism. Buddhism is called Buddha Dharma and Dhamma as well, which is defined as the â€Å"Teachings of the Awakened One† in Pali and Sanskrit which are ancient Buddhist texts. This was the reaction of the Buddha during his spiritual quest: experimented with extreme asceticism, which at that time was seen as a powerful spiritual practice such as fasting, holding the breath, and exposure of the body to pain e found, however, that these ascetic practices brought no genuine spiritual benefits and in fact, being based on self-hatred, that they were counterproductive. After renouncing the principles of asceticism and concentrating instead upon meditaion and Anapanasati as well Gautama is believed to have discovered what Buddhists call the Middle Way which is path of moderation that lies in between the extremes of self-indulgence and self-mortification. It lead s to the Four Noble Truths and eventually to the Eight Fold Path which will constitute the attainment of Nirvana. Discuss the Buddist teachings on the nature of the Middle Way as a strictly moral doctrine. What constitutes the path of virtue. What are the Four Noble Truths and how does one obtain Nirvana through the cessation of desire? The main principle of Buddhist doctrine is the called the Middle Way which was discovered by the Buddha prior to his bodhi or enlightenment. The Middle Way or Middle Path has a handful of definitions. Usually it is charaterized by the practice of non-extremism and a path of moderation away from the extremes of self-indulgence and opposing self-mortification. It is considered in taking a middle ground between specific metaphysical perspectives as well. Which things ultimately either exist or do not exist. An explanation of the state of Nirvana and ultimate enlightenment where all dualities amalgamate and cease to exist as separate entities. The essence of the Middle way as a strictly moral doctrine is bounded by the path of virtue which is called as the Eight Fold Path as well. Buddhist doctrine, stated by the Buddha in his first sermon near Benares, India. The path is regarded as the way for individuals to deal with the problems named in the Four Noble Truths The path consists of right understanding (faith in the Buddhist view of existence), right thought (the resolve to practice the faith), right speech (avoidance of falsehoods, slander, and abuse), right action (abstention from taking life, stealing, and improper sexual behavior), right livelihood (rejection of occupations not in keeping with Buddhist principles), right effort (development of good mental states), right mindfulness (awareness of body, feelings, and thought), and right concentration (meditation). It is also called the Middle Path, because it steers a course between sensuality and asceticism. Following the Path leads to escape from suffering and attainment of Nirvana (Britannica. com). The Path of Virtue if imminet will lead to the emergence of the Eight Fold Path after the cessation of the Four Noble Truths, which after it culminates will eventually lead to the attainment of Nirvana The Buddhist doctrine of the Middle way guides this conviction and belief by an apt understanding of The Eight Fold Path as a means of attaining the state of Nirvana. Furthermore, The doctrines are essential and crucial in order for a being to not only understand the very essence of Nirvana but what culminates after the attainment of such state as well. The Buddhist Doctrine implored by the Buddha in his initial teachings are significant towards the road to Nirvana. The four noble truths constitute a means of attaining nirvana which is not plausible for some. Dukkha or the nature of suffering is actually the noble truth of suffering that implies that birth is suffering per se and other physiological notions are suffering as well. An amalgamation from what is displeasing is suffering, thus separation from what it pleasing is suffering and not to achieve what one desires is suffering. A sufferings origin or Samudaya is the noble realization of the origin of suffering. This yearning leads to a renewed existence that will be accompanied by delight and lust which leads to the craving of sensual pleasure then craving for existence and eventually, the craving for destruction. Cessation of suffering or Nirodha is the noble truth for the abrupt cessation of suffering. It is regardless of the cessation of the similar crasving, te giving up, and finally the relinquishing of it, the freedom and not the non-reliance from it. The fourth noble truth is The Way or Magga which leads to the cessation of suffering. It is the noble truth of the way which leads to he cessation of suffering. The Eightfold Path namely: that is, right view, right intention, right speech, right action, right livelihood, right effort, right mindfulness, and right concentration as well. These are the four great truths of Buddhinsm. Dukkha implies that all existence is afflicted with suffering. Second, Samudaya identifies desire, thirst, or craving as the source of suffering, which intangibly binds beings to samsara or the cycle of existence. Nirodha asserts that cessation of craving will bring suffering to a halt. Finally, The Eightfold Path which culminates the four noble truths implies he omission of suffering and the escape from samsara. These Four Noble Truths are bounded to the idea of Nirvana in which one can attain a state of â€Å"finitude that will lead to absolute reality of positive and negative efforts that may lead to the attainment of Nirvana. Discuss the Buddist doctrine of non-atman (non-substantiality). How does it comprise the three Marks of Existence and what does it mean to say that all form is emptiness. Hint:`There is Nirvana but no-one attains it. In order to achieve Nirvana, one must endure the three marks of existence namely: Dukkha, Anicca, and Anatta. These three are bounded by the Buddhist notion that after meditation they will conclude all the physical and mundane matters. Dukkha, for its part, is striving for what a person desires while enduring suffering and torment yet after an ordeal you might find happiness in achieving what one desires. Eventually, boredom which is a form of suffering will divert a person from such boredom by indulging in a pursuit of new forms of pleasure. Boredom is a result of a ramification of our interest in a matter which a person desires which captivated us at first. Anicca is the inconstant and impermanent per se. Each person can undergo by the use of our senses which is dependent on the right conditions for its existence. Everything is constantly changing and is always in sporadic influx. Matters are constantly coming into being as well as ceasing to be. The crucial point is that a phenomena may arise and cease due to complex states and conditions that do not occur within our whims. Though we have a finite ability to generate a change to our possessions, previous experience tells us that our feeble attempts have no guarantees that the outcome of the efforts will also be according to our â€Å"liking†. Lastly, Annata is the unceasing change of permanent essence which is conceived through the virtue of existence. A human beings personality is an orthodox appelation applied to the consortium of physical and mental components which each is mandated to a constant influx yet there is not central essence or core which is similar to a â€Å"bundle theory† of mind and soul. Nirvana is the finite state of the Mahayana ideology. It the state in which the attempt to grasp reality is halted in a holistic way, by means of the realization of its impossibility. Evidently, it is and preposterous and absurd to presume that nirvana per se as a state to be achieved. Nirvana is not the state of coming to terms with reality due to the fact that such state cannot generate either a positive or negative aura. In its negative nature, Nirvana is said to be as â€Å"no waves† and â€Å"blowing out†, implying that achieving such state would mean tranquility of ones existence. Yet these statements offer minimal attributes of nirvana. Nirvana as â€Å"finite† is an anti-thesis to positive attributes and words such as eternal and omnipresent though its positive comprehension is bound by intellect. Buddha, for his part, will never answer question in a postive manner regarding the notions of nirvana. Considering it is not out of sheer prudence but practicality as well. Coming into terms with â€Å"finitude† eventually concludes nirvana that is an absolute reality. By directing awareness away from finitude and towards the intuitive core of the brain, an individual consciously grips reality. The negative part of the effort are not sufficient enough to realize Nirvana. Nirvana is not present and will not be realized by grasping finitude yet the Buddha suggested that it is possible and effortless to achieve Nirvana by the means of directing awareness and channeling its energy internally through positive efforts. There is a deliberate mistake in which the belief of the right motivation culminates the achievement of nirvana, in which samsara or finitude is part of nirvana which s infinitude and coming into terms with samsara will embody achieving nirvana in an apt manner. The notion of renouncing Nirvana is a deliberate and evident contradiction because it obviously contradicts it very purpose. Such misguided attribute is a sheer reflection of the Buddhist meditation practice of sitting without being occupied by preconceived notions. Renouncing nirvana with the apparent purpose of eventually realizing nirvana is a deliberate contradiction.

Methods of Estimating For Cost Planning in Construction

Methods of Estimating For Cost Planning in Construction In the Construction industry, cost planning is a vital management process for control the overrun cost of project and gets maximum returns to the client within client agreed budget. Generally Quantity Surveyor as a Cost Manager who is involve to prepare cost planning and cost controlling process for specific stages with respect to the RIBA plan of work. There are some significant estimating methods for cost planning process utilize in construction project. Hence those methods give preliminary estimate for the client at the design stage. And Pre-Contract Cost Planning and Cost Control process are also very important to successful planning, design and construction of projects and is aimed at providing best value solutions. Basically it is a pre-costing method of a project. In addition, Term of life cycle costing can be described, according to the definition of Hoar and Norman (1990) noted as appropriately defined the life cycle cost of an advantage as the present value of total cost of the asset over its operating life including initial capital costs, occupational costs, operating costs, etc. Specially, Quantity surveyor monitors the cost of every phases of a construction project as a cost manager to minimize the costs of the project and to make more cost savings for the project success. INTRODUCTION This report emphasizes for identifying critical phases of pre contract cost planning and controlling process in the life cycle of project with respect to the RIBA plan of work how to manage them and how to obtain a maximum turnover of the project within the quantity surveyors role as a cost manager. Hence, this study will discuss significant project pre contract cost planning and controlling process, such as methods of estimates for cost planning for different stages of RIBA work plan, pre-contract cost planning and cost controlling process with respect to the RIBA plan of work a client/consultant may adopt during each stage, the term life cycle costing and related terminology and the quantity surveyors role as a cost manager, in the life cycle of the project. MAIN BODY Explain the methods of preparing estimates for cost planning for different stages of RIBA work plan. What Is Cost Planning? The Cost Planning is a method of cost controlling the cost (Price to client) of a project within a pre-determined sum up to the tender stage. (Page3, Cost studies) Cost Planning give advice to client how much will be project cost. As well, cost planning will advise when the expected expenses will most possible occur. Hence its important for get required project finance and for determining possible project profit. Methods of Estimating for Cost Planning There are some significant estimating methods uses in construction industry for Cost planning process. Those methods give preliminary estimate, hence Quantity Surveyor has to modify predetermine data considering the followings, such as , market conditions, Size, number of storeys, specification level, inclusions exclusions, service, site foundation conditions and other factors. Conference Estimating Method RIBA Stage A of Options Appraisal and stage B Design Brief, This method uses for preparation of the initial price estimate give to the client. It is based on a cooperative view of a group of persons, and not quantify in any particular way. Financial methods RIBA Stage A of Options Appraisal and stage B Design Brief, This method fixes a cost limit on the building design, according to the unit of accommodation or rental values. Unit method RIBA Stage A of Options Appraisal and stage B Design Brief, The unit method is multiplies desire standard unit of accommodation by an approximate cost per unit. Not required specific drawings, specifications, only the concept of the project relevant to the required function. For example: Schools costs per pupil enplace Hospitals costs per bed enplace Car parks cost per car space Estimate = Standard units  of accommodation x Cost per unit Cube method   Design Stage This is the superseded method because of inherent disadvantages; this method needs some sketch drawings, historical cost data, Superficial area method RIBA Stage B Strategic Briefing and also can be used for Stage C This is presently most common use method, its use for early price estimating purposes. The area of each of the floors multiplied by the cost per square meter. Mostly important Storey heights, plan shape and methods for when choose on the rate to be used. Story enclosure unit method This technique use weightings for the estimating the building elements Elemental Cost estimating Detail Design Stage (Production information Stage F) This can use to establish the approximate cost of a construction project. It analyzes, the cost of the project on an elemental basis, using from other similar projects. Also provides cost advice during the design process. Detail drawings are required. For example: Approximate Cost estimating Approximate quantities present additional detailed approximate estimate. No particular rules of  measurement exist, Also significantly more information is required from the designer.. For example: Resource analysis (Pre Construction Stage Tender Documentation -G) This method is traditionally adopted by contractors estimators to decide their individual rates for measured items in bills of quantities. All individual measured items are analyzed into its element parts such as labour, materials and plant. This method is not a pre-tender method of price prediction strictly. The pre-contract cost planning and cost controlling process with respect to the RIBA plan of work a client/ consultant may adopt during each stage What Is Pre-contract Cost Planning? Pre Cost planning is very important to successful planning, design and construction of projects and is aimed at providing best value solutions. basically it is a pre-costing method of a project. As well as Pre-estimation of a design proposal will give clear picture about the cost to the employer and design team. Pre-Contract Cost Planning Process The pre-contract cost planning process according to the RIBA plan of work 1998; it can be described as follows. Pre-Design Inception of Feasibility Pre-stage A Work Stage A (1) Work Stage B (2) Establishing the need (Establish the budget) Options Appraisal (Cost of preferred solution) Strategic Briefing (Target cost) Pre-construction Stage Work Stage C Work Stage D Work Stage E Outline proposals (Prepare initial cost plan) Detailed Proposals (Firm Cost Plan) Final Proposals (Cost checks, design against cost plan) Work Stage F Production Information (Final cost checks of design against cost plan) Graph 2.1 Pre-stage A (Establish the budget) Client appointing clients management team (Consultants) such as, client representative, cost consultant, according to his requirements. Identify objectives, physical scope of project, standard of quality of building and services, timeframe and establishing the budget. Emphasis nature of clients problems and functional requirements on proposed project. Work Stage A (Options Appraisal) Consultant has to identify of client prerequisite and possible limitation on development and cost of the ideal solution. Prepare technical, functional and cost studies by consultant and then it should enable to the client to take decision on his project weather he can continue the first proposal or could do some changes to the first proposal etc. also select the possible procurement method. Work Stage B (Strategic Brief) Consultant has to prepare initial cost suggestion to the client based on an outline statement of clients needs, also to determine target cost. This establish an initial budget for client Client has to investigate availability of finance for the project and value of money framework. Pre Contract Cost Control Generally Pre contract cost controlling process is implement from this stage according to the RIBA plan of work as mentioned by chart 1.2, Pre Contract Cost Control process give ensure the cost of the project is within the clients budget or not. Hence pre contract cost control is very essential in a project since it is planning, design finalizing and tendering and selecting a suitable contractor too. Outline Proposals- Stage C Consultant has to involve preparing outline proposal and estimate of cost as initial cost plan. As well as Investigate the site conditions and preliminary sketches for requirement of cost plan. Evaluate strategic brief through consideration of time, cost, risk and environmental issues. Also establish design management procedures. Detailed Proposals Stage D At this stage, consultant prepares full detailed proposals for the client, and also prepares firm cost plan detailed elemental cost plan etc. Clint tem evaluate outline proposals for make the final decision, Receive design and cost input from client appointed team and extend detailed design solution. And review procurement advice. Final Proposals Stage E Consultant has to prepared final proposal at this stage. Carry out cost check of the design as it develop against the cost plan, hence it Confirmation of the cost limits for the project. Most cost effective in satisfying level of project brief to confirm or put final budget and to check the elemental cost targets. Consultant prepares all required submission for legal approvals. Production Information Stage F All legal approvals should have completed when at this stage. This is the assessment of lowest acceptable tender price based on completed contract documents. And also ensure that the completed designs are controlled within the cost limits. Supply all required information for final cost checks of design against cost plan. Explain the term life cycle costing and related terminology. Definition of the life cycle costing According to definition of Hoar and Norman (1990) appropriately defined the life cycle cost of an advantage as the present value of total cost of the asset over its operating life including initial capital costs, occupational costs, etc. Hence life cycle costing related with the time stream of costs and benefits that flow throughout the life of the project. There are number of term use in industry to identify different stages in the life cycle costing techniques, hence flowing are the specially use in construction industry. Life cycle cost analysis (LCCA) Quantity surveyor assist to prepare this, based on collection and analysis of historic data on actual costs of occupying building (running cost and performance). Life cycle cost management (LCCM) Actually it is derived from life cycle cost analysis and identities, by this way client can be compare building cost and controlling occupancy cost throughout the life of building to get maximum value. Life cycle planning (LCCP) This is as part of life cycle cost management; it is constitute the prediction of total costs of a building, part or individual element taking account of initial capital costs, subsequent running cost and residual values. There are several costs related with acquiring, operating, maintaining disposing of a construction or building system. Hence related costs generally fall into Initial Costs, Energy Costs, Operation, Maintenance, and Repair Costs, Replacement Costs, Residual Values, Finance Charges, Non-Monetary Benefits or Costs. For Example: Sieglinde Fuller Source: Sustainable Building Technical Manual / Joseph J. Romm, Lean and Clean Management, 1994. Life cycle costing Terminology Explain the Quantity Surveyors role as a cost manager, in the life cycle of the project. Role of the Quantity Surveyor as a Cost Manager Quantity surveyor is the person/ firm who manage the cost relating to the construction projects, such as new constructions, maintenance work and renovations. Quantity surveyor monitors the cost of every aspects of a construction project as a cost manager. Furthermore when study about Quantity Surveyors in Cost manger position also have to be identified their duties and Responsibilities properly. He should conducting feasibility studies and writing procurement reports at project inception stage. He should manage estimating and cost planning process and presenting the final cost plan. He should manage the procurement process, and make certain that all phases with pre-qualification, enquiry, analysis, selection and contract preparation are carried out effectively. Ensuring that post-contract cost variances and change control tasks are directed effectively. Involving with cost checking and valuation works to manage them effectively. Preparation of monthly post-contract cost reports and presenting them to the client. Preparation of value engineering and life cycle costing, and also final accounts negotiated and agreed process. Give leadership role mange the client and other consultants, at all project phases. Working with top managers and directors, and identify and performing new opportunities to improve the cost management procedures. CONCLUSION/RECOMMENDATION Pre contract stages are vital important phases of construction project to execute pre-contract cost planning and controlling process in a proper way for completion of project successfully within client brief, hence as identified thorough this report, Quantity Surveyor has critical responsibility as cost manager involve to carried out entire pre-contract cost planning process in a proper way.

Individuals Entering Non-Traditional Roles in Sports :: Sports Sociology Social Norms Essays

Individuals Entering Non-Traditional Roles in Sports Sports provide an amazing outlet for people of all ages. It has been proven that sports help focus and concentration as well as improving ones physical state. It is a beneficial pastime that all should be allowed to enjoy. Up until that age of 12-13 both genders are invited and welcomed to play sports. After this point something changes, it is not really talked about but pressure is effectively applied and society somehow manages to push people into very gender orientated and gender specific sports. The question is, what happens when someone doesn't succumb to the pressure and actively participates in what it referred to as a non-traditional role in a particular sport? This idea applies to both sexes, not just females. We are talking about how society reacts when women compete in body building competitions and when men become figure skaters. I believe that the root of our problem lies within the biases of our society. The first major question that should be answered is why does society believe that people entering non-traditional roles as such a negative occurrence? I think that the root of this belief is buried in the past and has matriculated down through the generations. In the early history of sports it was believed that women were too delicate to participate in sports. The thought was that if women participated in strenuous activity that they would damage their reproductive organs, which would ultimately not fulfill an absurd belief that the primary role of women in society was to have children and care for the men. Back then sports were also used as an arena for men to test and publicly display their masculinity. Open acceptance of women in sports at that time would have posed as too much of a threat to the men's masculinity, therefore many years went by which allowed the practice of only traditional roles being witnessed and accepted. On a more personal level, it has been my observation that up until the junior high level both boys and girls are actively engaged in sports, but once the boys start to get bigger, the adults in the society become apprehensive about allowing mixed gender play. I feel as though society has a tough time embracing the possibility that women might get hurt if they play sports. It is at this point in a student's career that a great division occurs, all of a sudden innocent games become strictly regulated and boys and girls are separated.

Search & Seizure, Open Fields Doctrine

MEMORANDUM ON DEFENDANT’S MOTION TO SUPPRESS STATEMENT OF FACTS Owyhee County is located in the south west corner of Idaho. The Owyhee Mountains fill the west portion of Owyhee County. Mud Flat Field and Marmaduke Spring are located in the Owyhee Mountains, in the west central portion of Owyhee County, south of South Mountain and north of Juniper Mountain. The Mud Flat Field is approximately two miles long from North to South. The south end of the Mud Flat Field borders the Mud Flat road. Over this road one can travel to Jordan Valley, Oregon, from Grandview, Idaho.From the Mud Flat road, a person enters the Mud Flat through the locked gate or through another, unlocked, gate. The unlocked gate is approximately 25 yards east of the locked gate. In July 1995, a number of persons, including *** Bennett, had keys to the locked gate. Near the south end of the field is a set of corrals. Defendant *** Tobias’ cabin is approximately a quarter mile east of the corrals. The cabin is not visible from the corrals. In the summer of 1995 the defendants Tobias and *** Black, were running cattle in the Mud Flat field and adjoining fields.Marmaduke Spring is located about a quarter mile west of the northwest end of the Mud Flat Field, over a saddle from the field. On July 21, 1995, an Idaho Air National Guard helicopter pilot, *** Brummett, flew a mission over the Owyhee Mountains. While flying over Marmaduke Spring, Brummett saw a number of dead cows. Brummett initially observed the cows from the air; he then landed his helicopter and inspected the cows on foot. Brummett found *** Bennett’s truck parked near the north end of the Mud Flat Field. The truck was approximately a quarter mile east and over a ridge from the dead cows and the spring. Bennett was not at his truck.Brummett left a note on *** Bennett’s truck after he inspected the cows. The note identified the location of the massacred cows. When Bennett came back to his truck and read the not e he walked over the hill to examine the cows. Because Bennett ran cattle on the ranch adjacent to and west of the Mud Flat Field, and had cattle in the area, he was afraid that the cows might have been his own. He found a number of swollen dead cows. What he saw caused him to leave and contact the Owyhee County Sheriff’s Office (OCSO). At approximately 6:00 p. m. on July 21, 1995 Bennett returned to the Mud Flat Field and Marmaduke Spring.He brought the Owyhee County Sheriff, Tim Nettleton, Owyhee County Sheriff’s Deputy Jim Bish and an Idaho Deputy Brand Inspector, Chuck Hall, with him. They got onto the Mud Flat field through the locked gate using Bennett’s key. They inspected the dead cows. The cattle had been shot through the head and were lying on their left sides or were on their bellies. Each had at least one ear removed and each had an 11 inch by 11 inch (approximate) patch of hide missing from the right shoulder; The significance of the removal of the ear is that a numbered (â€Å"Bangs†) tag is attached to the ear.The owner of cattle can be determined by the tag even if the brand is destroyed Some of the cows had bled. The cows were tentatively identified as *** King’s. Gordon King’s brand is a â€Å"Heart-K† on the right shoulder; exactly where the hide had been cut from the cows. The cows appeared to have had calves nurse them after they had been killed. After inspecting the cows, Bennett, Nettleton and Hall went to the Mud Flat Corral and found Tobias. They told him what they were doing and asked him whether he had seen anyone in the area during the past few days.He denied that he had. The following day, July 22, 1995, law enforcement officers, lab technicians and citizens returned to the Marmaduke Spring area to try to figure out what happened. During that day *** King found a Charolais cross calf in the Mud Flat Field. This calf had an open wound on its right shoulder from where a â€Å"Heart-Kà ¢â‚¬  brand had been skinned. The calf had a new â€Å"T-cross† brand on its left hip. Officers and cowboys found 12 skinned and rebranded calves during the next few days. Two calves were found in Tobias’ and Black’s Mud Flat Field.The remainder of the calves were found in an allotment Tobias and Black shared with their neighbors, the Colletts. Each calf had a chunk of hide missing from its right shoulder, some had new ear marks, and each had a new â€Å"T-cross† brand. Skin, hair and blood samples were taken from the skinned calves and the dead cows. The samples were sent to the Stormont Laboratory for DNA testing. The tests established that at least eight of the calves came from eight of the dead cows. An Idaho brand officer, Chuck Hall, was near the corrals and saw saddles in the back of Tobias’ pickup.On one saddle’s horn wrap Hall saw what appeared to be a fairly fresh spot of blood pressed into the wrap. Hall is an experienced cowboy and his opinion was that blood may have come from one of the cows or calves. Hall cut a small piece of leather containing the spot of blood off the saddlehorn wrap. Later, *** Black claimed that saddle. When asked at the preliminary hearing why he took the piece of leather, Hall said, â€Å"I saw it as evidence, and if I hadn’t taken it at that time I may not have ever seen it again. † (PH, p. 572. ) The leather and blood were sent to the Stormont lab.The lab determined that the spot was blood and that it came from one of the stolen calves. On July 21, when Nettleton first saw the dead cows and told Tobias about them, he saw the blood on Tobias’ pants. The following day Tobias was wearing the same pants. Nettleton decided, based on his experience as a cowboy and a hunter, that the blood pattern on the pants was unusual. It was not the pattern of blood as it usually appears on the pants of a cowboy, or a hunter. Blood on the pants of a hunter or cowboy will be wi ped on from wiping off either hands or knives or as specks from the spray of cut small arteries.The blood in this instance was smeared and soaked onto the thigh area of the pants and had dripped down onto the cuff area. Nettleton believed that the blood may have come from the cows and calves. He believed that the blood pattern came from Tobias’ having laid the skinned patches of cow and/or calf hide on his pants. The patches of hide from the cows and calves were never recovered. Near the end of the day of July 22, Nettleton approached Tobias and told him that he had probable cause, but did not want, to arrest him. Nettleton asked Tobias for his pants.Tobias asked Sheriff Nettleton what would happen if he did not give Sheriff Nettleton the pants and Nettleton replied that he would have to arrest him. Tobias consented to give up the pants. The pants were sent to the Stormont lab and DNA tests were performed on them. The tests showed that blood on the pants matched that from one of the dead cows. DEFENSE ARGUMENTS The arguments are set out in Tobias’ â€Å"Memorandum in Support of Defendant’s Pretrial Motions. † I. THE THRESHOLD MATTER BECAUSE TOBIAS HAS MADE NO SHOWING THAT HIS UNITED STATES CONSTITUTIONAL FOURTH AMENDMENT RIGHTS HAVE BEEN VIOLATED, THIS COURT SHOULD NOT CONSIDER HIS ARGUMENTS.As a threshold matter, this court must determine whether Tobias has standing to assert a violation of the 4th Amendment to the United States Constitution. In order to show standing Tobias must show that the search or seizure violated his own privacy, liberty or possessor interests. Rakas v. Illinois 439 U. S. 128, nt. 1, (1978); Smith v. Maryland, 442 U. S. 736, 740, 99 S. Ct. 2577, 2580, 61 L. Ed. 2d 220 (1979). Tobias has an obligation to demonstrate, by affidavit or testimony, that any of his privacy, liberty or possessor interests have been violated. Tobias has not shown either a subjective or objective expectation of privacy.The facts demon strate that Tobias and Black had little, if any, expectation of privacy in the Marmaduke Spring kill site, in the Mud Flat field, in the Mud Flat field corrals, in the open back of Tobias’ pickup truck, in the federal allotment that Tobias and Black shared with the Colletts, in the dead cows found near Marmaduke Spring, in King’s calf found in the Mud Flat field, in the running irons found at the Mud Flat field corrals, in the running irons and blood spot found on the saddle which was located in the open back of Tobias’ pickup truck at the Mud Flat field corrals, in the bloody pants that Tobias was wearing, in the calves found on the federal allotment that Tobias and Black shared with the Colletts, the Marmaduke Spring, the Mud Flat corral, the Mud Flat Field, or his pickup. Tobias has shown no ownership interest Marmaduke Spring. He has shown no violated privacy interest in the Mud Flat Field, or the Collett/Tobias/Black allotment. Tobias has not claimed an own ership interest in the evidence seized from the deceased cows, the calves or the saddle leather.Therefore, the court should not consider his arguments nor grant his motion to suppress regarding this evidence. II. THE MUD FLAT CORRAL SEARCH ARGUMENT THE MUD FLAT CORRALS WERE OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION BECAUSE TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THEM. The state will first analyze Tobias’ reasonable expectation of privacy in the corral area. The analysis of his interest in the Mud Flat field, the federal allotment that Tobias shared with the Colletts, and the Marmaduke Spring kill site, will be substantially the same. If the court finds that Tobias had no reasonable expectation of privacy in the corral area, then it should find that he had no reasonable expectation of privacy in the other areas.In order to determine if the Fourth Amendment applies, the court has to determine if the person objecting to the search or seizure has a reasonable exp ectation of privacy in the place searched or the thing seized (because if there is no reasonable expectation of privacy violated there is no search or seizure), if there was a search or seizure, if the state was involved, and, finally, if an exception applies. Should this court consider Tobias’ search and seizure claims it should consider that the facts show diminished and missing subjective and objective expectations of privacy. The Fourth Amendment prohibits only those searches and seizures that are â€Å"unreasonable. While the appellate courts presume that warrantless searches are unreasonable, the state rebuts this presumption when it demonstrates, by a preponderance of the evidence based on the totality of the circumstances, that the search was reasonable. The state can also rebut the presumption when it shows that the search came under one of the exceptions to the warrant requirement. In other words Tobias must show that he had a reasonable expectation of privacy whic h was violated. A. Open Fields The Fourth Amendment â€Å"protects people, not places. What a person knowingly exposes to the public, even in his home or office, is not a subject of Fourth Amendment protection. † Katz, 389 U. S. at 351.The person must have an actual, or subjective, expectation of privacy, and the expectation must be one that society will recognize as reasonable. Katz, 389 U. S. at 361. Federal courts have consistently held that there is no constitutionally protected privacy interest in the area outside of the curtilage a home. In Hester v. United States, 265 U. S. 57 (1924), federal agents entered onto Hester’s lands looking for, and finding, his illegal still. The court held that the Fourth Amendment did not protect open fields. The Court reiterated that holding in Oliver v. United States, 466 U. S. 170 (1984), and United States v. Dunn, 480 U. S. 294 (1987).In Oliver, the officers acted on anonymous tips, ignored â€Å"no trespassing† signs, a nd found secluded marijuana fields on private land. The Supreme Court again held that open fields do not provide the setting for those intimate activities that the Fourth Amendment is intended to shelter from government interference or surveillance. Therefore, there is no reasonable expectation of privacy, even though the police are trespassers in the unprotected areas. In Dunn narcotics officers trespassed onto Dunn’s farm. They climbed over fences and crossed open fields. They avoided the house but went to the barn and other outlying structures. They crossed over more fences and looked inside, but did not go inside, the barn.The Supreme Court said there was no Fourth Amendment protection in the area where the trespass occurred. The Court discussed curtilage concepts and factors such as distance from the residence, enclosures surrounding the residence, the uses to which the area was being put, and owner’s efforts at concealment. It then ruled that the open fields doct rine applied. Although the Idaho appellate courts have found the federal definition of curtilage unduly restrictive, they nevertheless analyze curtilage similarly. In State v. Kelly, 106 Idaho 268 (Ct. App. 1984) and State v. Young, 107 Idaho 671 (Ct. App. 1984), the appellants asked the court to examine Oliver‘s effect on Katz and Hester. The court of appeals declined to do so.The court did not agree with the appellants that the evidence should have been suppressed. The court also examined the federal cases in relation to Idaho’s constitutional law. It decided the cases by determining that the defendants had exhibited no reasonable expectation of privacy. In Kelly, the court commented that the officers seized the marijuana after going over the defendant’s insubstantial barbed wire fence. The court also noted there was no evidence of â€Å"no trespassing† signs. In Young, the court said that while the officers had initially encountered a gate, a fence and â€Å"no trespassing† signs, they had walked around them to an area where there were no signs, gates or fences.The officers then entered Young’s land and saw the marijuana. Tobias, in his brief, implies that under no â€Å"stretch of the imagination† can the search at the Mud Flat corrals be justified. He suggests that the Mud Flat corrals are within the curtilage of his cabin and are immediately adjacent to his cabin. (Deft’s Mem. , p. 7. ) To support the argument, he cites a number of other state courts as having held that corrals â€Å"are within the constitutionally protected ‘curtilage’ of a farmhouse. † (Deft’s Mem. , p. 8. ) To suggest that corrals are by definition within the curtilege of a house is to expand the definition of curtilage beyond Idaho law.Curtilage: encompasses the area, including domestic buildings, immediately adjacent to a home which a reasonable person may expect to remain private even though it is acc essible to the public. State v. Cada, supra; State v. Clark, 124 Idaho 308 (Ct. App. 1993); State v. Rigoulot, 123 Idaho 267 (Ct. App. 1992), emphasis added. It is clear from the photographs and from the preliminary hearing testimony that the corrals are not †immediately adjacent to a home. † Clearly, the corrals are not located within â€Å"a small piece of land† around the cabin. (See attached photograph. ) Tobias’ cabin is concealed from the corrals. There is a tree-covered ridge isolating the cabin from the corrals.Tobias’ cabin sits below the ridge. His cabin is approximately a quarter mile from the corrals. The corrals are not part of a barnyard immediately adjacent to a home. Their association with the cabin is that they are along the road leading to the cabin. The road ends and the path to the cabin begins, near the corrals. While the corrals are not clearly visible from the Mud Flat Road, they are easily seen from the road that goes through the Mud Flat field and on to Bennett’s ranch. There are no special fences that set the corrals and the cabin apart from the rest of the Mud Flat field. The corrals are within sight of, and on the edge of, the Mud Flat field.The corrals are presumably used for the livestock within the Mud Flat field. As can be seen in the attached photograph, many paths lead to the corrals. Both in use and location, the corrals are more closely associated with the Mud Flat field than with Tobias’ cabin. It is fair to characterize the corrals as outside the area that â€Å"a reasonable person may expect to remain private,† therefore outside the area included in the cabin’s curtilage, and therefore outside the area of Fourth Amendment protection. B. Plain View However, if the court includes the Mud Flat corrals within the curtilage of Tobias’ cabin, that does not mean that the corrals are protected by the Fourth Amendment.In Rigoulot the court concluded that observati ons made by persons â€Å"restricting their movements to places ordinary visitors could be expected to go were not protected by the Fourth Amendment. † Rigoulot at 272. The Mud Flat corrals are located near the south end of the Mud Flat Field. They are approximately one-half mile north of the Mud Flat Road, out of sight, to the west, and over a ridge (or around a draw) from Tobias’ cabin. A person driving along Mud Flat Road cannot see either the Mud Flat Corrals or Tobias’ cabin. A person who enters the main gate at the Mud Flat Field follows a dirt road north to where it splits. One fork continues in a north, north-west direction. This fork continues off Tobias’ property and onto Bennett’s property.The other fork continues north for a way then t curves east around a hill toward the corrals. This fork ends just beyond the corrals. In order to get to Tobias’ cabin, a person has to travel along the road to the corrals, then the remainder of t he way on foot. The state’s position is that if the corrals are included within the cabin’s curtilage , then they are in an area that visitors would normally go. These visitors include police officers coming onto the property to â€Å"conduct an investigation or for some other legitimate purpose. † Id. In summary, because the officers were not in a place protected by the Fourth Amendment, their search was not improper. III. THE MUD FLAT FIELD SEARCH ARGUMENTTOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MUD FLAT FIELD BECAUSE THE FIELD IS OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION. The governing law is set out above under the argument regarding Tobias’ expectation of privacy in the Mud Flat Field corrals. On July 22, after the officers were finished or nearly finished gathering evidence from King’s dead cows, Gil King was heading away from the Marmaduke Spring area. He was going to load his motorcycle into a truck and leave. As he was leaving and while near Bennett’s truck near the Johnson Reservoir, he saw the Charolais calf that â€Å"had a big ol’ patch of hide missing off its side. † (PH, p. 389. The calf was herded to the Mud Flat Field corrals and examined. This calf had skin removed off its right shoulder, where a â€Å"Heart-K† brand had been, and a new â€Å"T-cross† brand on its left hip. Tobias claimed the calf. Based on the above law and arguments regarding Tobias’ expectation of privacy in the Mud Flat Field corrals, and the fact there should be a progressively decreasing reasonable expectation of privacy as one gets further away from the cabin, the state respectfully requests that this court deny the defendant’s motion to suppress the evidence gathered in the Mud Flat Field (the Charolais calf). IV. THE MARMADUKE SPRING KILL SITE SEARCH ARGUMENTTOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MARMADUKE SPRING BECAUSE IT IS OUTSIDE THE AREA OF FO URTH AMENDMENT PROTECTION. The governing law is set out above under the argument regarding Tobias’ expectation of privacy in the Mud Flat Field corrals. Considering the facts, and the above stated law and argument, the state respectfully requests that this court deny the defendant’s motion to suppress the evidence gathered at the Marmaduke Spring. V. THE COLLETT/TOBIAS & BLACK ALLOTMENT SEARCH ARGUMENT TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE COLLETT/TOBIAS ALLOTMENT BECAUSE THE ALLOTMENT IS OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION.The law governing this area of search and seizure is set out above in the argument regarding the Mud Flat corrals search. On July 23rd, a number of cowboys and officers road through the Collett/Tobias allotment and found 11 calves. The calves were found in the area of the allotment furthest from Tobias’ cabin. The calves had new â€Å"T cross† brands, new ear marks and had a chunk of hide skinned off their right shoulders. Subsequent DNA tests showed that most of the calves came from the dead cows. The Collett/Tobias allotment is a section of land lying adjacent to and east of the Mud Flat field. The allotment is also adjacent to and east of Collett’s private land. It is adjacent to and south of land on which the Kings ran cattle.In July 1995 two ranchers (Tobias and the Collett family) leased the grazing rights from the Bureau of Land Management; on July 22nd both had cattle on the land. Each would ride the allotment to check their cattle. There were fences to keep the cattle in, there were no â€Å"no trespassing† signs. There is no indication that intimate family activities such as those protected by curtilage concepts occurred on the land. Because Tobias had no reasonable expectation of privacy in the Collett/Tobias allotment, the state respectfully requests that this court deny the defendant’s motion to suppress the evidence regarding the calves found in the allotment. VI.THE CONSENT TO SEARCH ARGUMENT TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MUD FLAT CORRAL, THE MUD FLAT FIELD, MARMADUKE SPRING OR THE FEDERAL ALLOTMENT BECAUSE THE OFFICERS HAD EITHER REAL OR APPARENT PERMISSION TO BE ON THE PROPERTIES. The officers had reason to believe that either Bennett or Tobias had consented to their presence at the Mud Flat corrals search and that either Bennett or Tobias had the authority to consent to their presence. Consent must be shown to be free and voluntary and not a result of duress or coercion, either direct or implied. State v. Aitken, 121 Idaho 783 (Ct. App. 1992), citing Schneckloth v. Bustamonte, 412 U. S. 18 (1973): As long as the police officer reasonably believes that the person giving consent to a warrantless search has the authority to consent, the search is valid and the defendant’s right against unreasonable searches and seizures pursuant to the Fourth Amendment to the United States Constitution and art. 1,  § 17 of the Idaho Constitution is not violated, even though the consenter has no actual authority to consent. State v. McCaughey, 127 Idaho 669, 904 P. 2d 939, (1995). The state must show the voluntariness of consent by a preponderance of the evidence; and the voluntariness of consent is to be determined in light of all of the circumstances. State v. Aitken, supra; State v. Rusho, 110 Idaho 556 (Ct. App. 1986). A number of people had access to the Mud Flat field and the Mud Flat corrals. Tobias allowed local people access to his fields. Tobias provided an access key to Bennett.Bennett notified OCSO of the dead cows and brought officers to look at the cows. Bennett used his key to unlock the gate on July 21st when he brought officers to look at the cows. Bennett gave the officers his key so that they could return to the field the following day. Tobias talked to state officers at his corrals and made no objection to their presence on July 21st. He knew on July 21st that state of ficers were going to return July 22nd and made no objection. Tobias was present at the Marmaduke Spring when officers returned July 22nd and he watched the work that they were doing and he did not object to their presence. Tobias watched them while they gathered evidence from the cows.He was present when the Charolais calf was found in the Mud Flat field and knew that the calf was going to be driven to the Mud Flat field corrals. He was present at the corrals when the officers were looking at the Charolais calf and when they seized the piece of leather from the saddle in his pickup. Officers talked to Tobias at Marmaduke Spring and at the Mud Flat corrals. Tobias only questioned the officers about their authority to seize his pants. Officers only seized his pants after gathering evidence from the dead cows, after finding the Charolais calf with a patch of hide missing from its shoulder and with new ear marks and a new â€Å"T cross† brand, which Tobias claimed as his own.Tobi as & Black may not have been present when the calves were found in the Collett/Tobias & Black allotment. Tobias and Black had a diminished expectation of privacy as they shared the allotment with the Colletts and the Colletts allowed cowboys and state officers to search the allotment. At no time did Tobias, the alleged owner of the property, object to the officers’ presence and the only time he questioned their actions was when they seized his pants. Considering all of the circumstances, including custom in the area, it is fair to say that the officers thought they had Tobias’ permission to be at the corrals when he knew that they were going to be there, he accompanied them, and expressed absolutely no disapproval to their presence.The law of consent is clear that, â€Å"[w}here two persons have equal rights to the use or occupation of premises, either may give consent to a search, and the evidence thus disclosed can be used against either. † State v. Huskey, 10 6 Idaho 91 (Ct. App. 1984), citing United States v. Sferas, 210 F. 2d 69, 74 (7th Cir. ). The co-tenants, the Colletts, could give the officers permission to search the allotment for King’s calves. The officers searched the allotment with the permission of the co-tenants, the Colletts. The state respectfully requests that this court deny the defendant’s motion to suppress the evidence regarding the calves found in the allotment. VII.THE MUD FLAT CORRAL SEIZURES ARGUMENT IT WAS PERMISSIBLE FOR HALL TO SEIZE THE LEATHER CONTAINING THE BLOOD SPOT AND THE CINCH RINGS (RUNNING IRONS) THAT HE SAW ON BLACK’S SADDLE IN THE OPEN BACK OF TOBIAS’ PICKUP TRUCK Assuming, without conceding, that Tobias has standing to challenge the seizure from Tobias’ pickup truck, the state’s position is that Hall could seize the thumbnail sized piece of leather and the running irons under either the plain view doctrine or the moving target doctrine. Hall seized the cin ch rings and piece of leather because he was investigating the killing of the cows and rebranding of the calf and believed that both items were evidence.On Saturday, July 22, 1995, while the officers were at the Mud Flat corrals trying to figure out the situation with the Charolais calf, Hall observed a saddle in the uncovered back of Tobias’ pickup truck. The saddle belonged to *** Black. Black was not present at the corrals. On the saddle there were two blackened cinch rings and a spot of blood on a piece of leather. Anyone present could have looked into the back of the pickup and seen the saddle, the cinch rings and the blood spot. The overall circumstances indicated that large chunks of hide were cut from cows and at least one calf. The calves were alive when their hide was cut off their shoulders. It is reasonable to infer that the calf would have bled.Chuck Hall, from the state Brand Inspector’s office and an experienced cowboy, observed Black’s saddle and saw the blood spot on the saddle horn wrap. It was apparent to Hall that the blood spot was unusual both in the location and how it was pressed into the wrap. Hall cut the thumbnail sized piece of leather off the saddle horn wrap. Hall seized the rings. It was apparent to Hall that the cinch rings had illegally been used as running irons. A. The Plain View Doctrine. Hall’s seizure of evidence from the pickup truck was permissible under the plain view doctrine. The court in State v. Clark, 124, Idaho 308, 311 (Ct. App. 1993), (citing Horton v. California, 496 U. S. 28 (1990)), set out the standard: (1)The officer must lawfully make an initial intrusion or otherwise properly be in a position to observe a particular area, and (2) it must be immediately apparent that the items observed are evidence of a crime or otherwise subject to seizure. The â€Å"immediately apparent† requirement is â€Å"met when an officer has probable cause to believe that the item in question is associated with criminal activity. † State v. Claiborne, 120 Idaho 581 (1991), citing Texas v. Brown, 460 U. S. 730 (1983). An officer is allowed to â€Å"draw reasonable inferences based on his training and experience. † State v. Tamez, 116 Idaho 945 (Ct. App. 1989). Multiple officers at a scene may make reasonable inferences based on their collective knowledge. United States v.Newton, 788 F. 2d 1392 (8th Cir. 1986). Here, Hall was properly on the property either because of actual or implied consent, or because he was in an â€Å"open view† area at the corrals. When Hall saw the blood spot on the saddle horn he recognized it to be evidence. (PH, p. 572. ) He then seized a small section by cutting it off the saddle horn. Because the cinch rings and the blood spot were open to public view and because Hall had probable cause to believe that they were contraband and prima facie evidence of a crime, the state respectfully requests that this court deny the defendantà ¢â‚¬â„¢s motion to suppress these items. B. The Moving Target DoctrineFurther supporting Hall’s decision to seize the cinch rings and the leather piece is the fact that they were located in a motor vehicle: The guaranty of freedom from unreasonable searches and seizures by the Fourth Amendment [recognizes] a necessary difference between a search of a store, dwelling house or other structure†¦ and a search of a ship, motor boat, wagon or automobile†¦ [since] it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought. Carroll v. United States, 267 U. S. 132, 152 (1925). The United States Supreme Court explained this doctrine in Chambers v. Maroney, 399 U. S. 2, 52 (1970): For constitutional purposes, we see no difference between, on the one hand, seizing and holding a car before presenting the probable cause issue to a magistrate and on the other hand carrying out the immed iate search without a warrant. Given probable cause to search, either course is reasonable under the Fourth Amendment. When Hall seized the running irons, he believed they had been used as running irons to draw on brands. He knew that it was illegal to possess running irons and, as such, they were contraband. It appeared that someone had drawn the â€Å"T-cross† brand on the Charolais calf with a running iron. He also knew that someone had killed 11 cows and that someone had cut a patch of hide off their right shoulders.He knew that someone had cut a patch of hide off the Charolais calf’s right shoulder and that someone had changed its ear mark by cutting the ear. From his experiences as a cowboy he knew that the cows and calf would have bled. He knew from his experience as a cowboy that the blood on the saddle wrap was unusual in the location and in the manner that it was pressed into the wrap. He recognized the blood as evidence and was afraid that he would not see i t again if he did not seize it then. The seizure of the blood spot from the saddle horn wrap is similar to the seizure that occurred in Cardwell v. Lewis, 417 U. S. 583 (1974). In Cardwell, officers investigating a murder examined a tire and took paint scrapings from the defendant’s car. The car was located in a public parking lot.In the court’s opinion the officers did not infringe on any reasonable expectation of privacy. A similar case is New York v. Class, where an officer reached into a motor vehicle to move papers on the dashboard. The papers were covering a VIN. When the officer moved the papers he saw and seized a gun. The court upheld the search as the defendant did not have a reasonable expectation of privacy in the VIN, the officer had a right to see the VIN, therefore, he had a right to move the papers. In United States v. Ferri, 778 F. 2d 985 (3rd Cir. 1985), the court held that a person had no reasonable expectation of privacy in his shoes (and their sole s).The above cases are based on the Katz reasoning that the Fourth Amendment does not apply to the exteriors or interiors of items open to the public view. Because the cinch rings and the blood spot were located within a mobile vehicle and because Hall had probable cause to believe that they were contraband and evidence of a crime, the state respectfully requests that this court deny the defendant’s motion to suppress these items. CONCLUSION For the above stated reasons the state respectfully requests that this court deny Tobias’ motion to suppress. ——————————————– [ 1 ]. The access to *** Bennett’s ranch is by a road that goes through the Mud Flat Field.The Bennett family has used the road through the Mud Flat Field to get to their property to the north and west since at least 1948 when Mud Flat was owned by Elmer Johnston. Since then the property has been o wned by *** Steiner, *** Steiner and *** Tobias. (see Preliminary Hearing (PH) Tr. , p. 12. ) [ 2 ]. Near a water hole, *** King’s son, *** King, had fed potato chips to one of the cows on July 13, 1995. [ 3 ]. The â€Å"T-cross† brand was the registered brand of Tobias’ partner, *** Black. Tobias has two brands registered in Idaho, one is a â€Å"46,† the other is an â€Å"‘F’ hanging ‘J. ’† [ 4 ]. Other Tobias and Black cow/calf pairs were in the fields where the newly branded â€Å"T-cross† calves with the chunks of hide missing were found.The cows were branded with Tobias’ â€Å"46,† their calves were branded with Black’s â€Å"T-cross. † [ 5 ]. The cows’ ears were never found. [ 6 ]. The court in State v. Cada, 129 Idaho 224 (Ct. App. 1996), established that Idaho will not follow the Dunn analysis regarding enclosure and visibility to passersby. [ 7 ]. â€Å"Curtilage† refers to a small piece of land not necessarily enclosed, around a dwelling house, generally including buildings used for domestic purposes in the conduct of family affairs. Ferrel v. Allstate Insurance Co. , 106 Idaho 696 (Ct. App. 1984). [ 8 ]. Approximately one quarter mile. [ 9 ]. Approximately 2 miles from Tobias’ cabin. [ 10 ]. The brand was actually registered to his partner, *** Black. [ 11 ].This point does not even examine the question of whether one can have a reasonable expectation of privacy in someone else’s cows. [ 12 ]. The Collett/Tobias allotment is approximately five miles long and varies from approximately one mile wide to over two miles wide, so it cannot equate to a premises. [ 13 ]. Also known as the Carroll Doctrine. [ 14 ]. Idaho Code sec. 25-1903 states that, â€Å"any person who uses, or has, or keeps in his possession, any running branding iron, tool, or instrument used by him for running a brand on any livestock†¦ is guilty of grand l arceny†¦. [T]he possession of such iron or instrument is prima facie evidence of guilt. † [ 15 ]. The seizure of the pants is also similar, as both were items held out to public view.

Photography Art in 20th Century

Photography Art in 20th Century When it comes to discussing the discursive significance of photography, it is important to understand that, as a representational art-medium, it emerged because of the pace of a technological progress having assumed clearly defined exponential subtleties. In its turn, this presupposes that the art of photography is not only being technologically intense, but that this art’s conceptual legitimacy reflects the perceptual/cognitive sophistication of those who are expected to appreciate it.Advertising We will write a custom essay sample on Photography Art in 20th Century specifically for you for only $16.05 $11/page Learn More This, of course, challenges the conventional paradigm of art, as a ‘thing in itself’. Apparently, the rise of photography implies that the very notion of aesthetics cannot be thought of outside of what appears to be the discursively predetermined manner, in which intellectually advanced individuals tend to perceive the surrounding socio-cultural reality. The validity of this suggestion can be illustrated in regards to a number of photos, which now enjoy a certain ‘cult’ status. For example, even though that the 1930 photograph Pepper by Edward Weston depicts a rather commonplace vegetable, which people get to consume regularly, the photo’s object can be described as anything but ordinarily looking. One of the reasons for this is that there is a strong sexual appeal to it. Nevertheless, in order for just about anyone to confirm the validity of this suggestion, and consequently to be able to appreciate the artwork in question, he or she needs to be cognitively attuned with what happened to be the 20th century’s probably most important discourse – the discourse of sexuality. Alexander Rodchenko’s 1925 photograph Man on the Ladder, can also be referred to, as such confirm the legitimacy of the idea that every historical era defines the measure of the affiliated artwork’s aesthetic appeal. As it can be well seen in this photo, the author used a rather unusual viewpoint, while taking it. In its turn, this reflected the fact that during the course of the 20th century’s initial phase, the classical conventions of physics have been thoroughly revised, due to the emergence of the Theory of Relativity. This, of course, created objective preconditions for photographers to consider it fully appropriate to strive to exploit people’s anxieties, in regards this theory’s discursive implications. The invention of digital photography provided photographers with a yet additional instrument of ensuring that potential spectators would be intrigued, while exposed to the digitally mastered photographic artworks, such as combining a few different images into a single one, in order to emphasize the sheer intensity of the action depicted.Advertising Looking for essay on art and design? Let's see if we can help you! Get your f irst paper with 15% OFF Learn More The 1995 photographic collage Self-Destruction by Chen Chieh-Jen exemplifies this statement perfectly well. Apparently, while creating the earlier mentioned collage, Chieh-Jen was perfectly aware of what accounts for the essence of contemporary people’s aesthetic longings – such as their taste for savoring the graphic details of death. Essentially the same can be said about what accounts for the discursively defined aesthetic appeal of the photographic images of those people who jumped out of the Twin Towers (due to intense heat), in the aftermath of the 9/11 attacks (Carolee Schneemann, Terminal Velocity, 2001). It is now being commonly suggested that the popularity of these images signifies ‘the loss of innocence’, on the part of America (Fitzpatrick 86). Nevertheless, this ‘loss’ is best discussed, as such that does not simply reflect recent geopolitical developments in the world, but rathe r as such that is being concerned with the process of Americans becoming intellectually/aesthetically marginalized – hence, their attraction to the emotionally disturbing photographic images. This confirms the soundness of the initially proposed idea that the emergence of photography once again proved the non-existence of art, as a purely metaphysical construct. One of the 20th century’s major discursive developments is the fact that people attained a rather multi-dimensional understanding, as to what accounts for their individuality. In its turn, this can be explained by the rise of psychology, as a science that implies that there is no ‘wholesomeness’ the sense of one’s self-identity. Therefore, it is fully explainable why, during the course of this century, the medium of photography has been extensively used, as the mean of gaining an in-depth insight into the quintessence of people’s existential modes. Apparently, the photography’s very paradigmatic technicalities make it possible (Sherman 926). In this respect, the photograph from Sherry Levine’s 1979 Presidential Series (featuring the image of a classy looking young woman inside of some man’s transparent silhouette), comes in rather exemplary.Advertising We will write a custom essay sample on Photography Art in 20th Century specifically for you for only $16.05 $11/page Learn More This is because the earlier mentioned photographic artwork implies that the depicted lady’s ‘classiness’ can be well regarded, as such that reflects her endowment with essentially masculine (hard) psychological qualities – hence, the ice-coldness of her blue eyes. It is needless to be mentioned, of course, that this in turn prompts observers to consider the possibility that one’s sense of identity only formally relates to what happened to be the concerned individual’s gender. Another interesting photog raph, which can be referred to, as such that confirms the initial thesis’s validity, is Barbara Kruger’s 1981 Untitled poster. As it can be well seen on it, the author made a deliberate point in representing the half of the depicted woman’s face in negative. The motivation, behind Kruger’s decision, in this respect, is quite clear she wanted to emphasize the fact that there are mutually contradictory desires inside of one’s mind, which is why there can indeed be very little rationale in assuming that the ways of a particular person’s character could be well anticipated. The clearly post-modernist essence of this subtly conveyed message is quite obvious. It also represents a common practice, among today’s photographers, to explore the motifs of classical (specifically romanticist) paintings within the contemporary settings. In this respect, Gregory Crewdson’s 2001 digital print Untitled (Ophelia) comes in particularly illustrat ive. By having created it, the author was able to promote the idea that people’s sense of existential idealism is a discursive category – due to the realities of a post-industrial living, one’s mental clinging to the noumenons of the past can hardly be justified. This, of course, advances the idea that it is specifically external circumstances which construct people’s sense of identity and not vice versa. Finally, we can make mentioning of Andreas Gursky’s 1993 color print Paris, Montparnasse, as such implies that the integrity of people’s sense of self-identity is becoming increasingly weakened, due to the fact that in today’s world, it is specifically one’s willingness to be ‘just like others’, which reflects his or her chances of securing its place under the sun. It is understood, of course, that by adapting uniformity, as the integral part of their individuality, people grow ever more ‘faceless’ â €“ just like the apartment-cubicles, in which they reside. I believe that the earlier deployed line of argumentation is fully consistent with this paper’s initial thesis.Advertising Looking for essay on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn More Fitzpatrick, Andrea. â€Å"The Movement of Vulnerability: Images of Falling and September 11.† Art Journal 66.4 (2007): 84-102. Print. Sherman, Cindy. â€Å"Statement, 1982.† Theories and Documents of Contemporary Art: A Sourcebook of Artists Writings. Ed. Kristine Stiles and Peter Howard Selz. Los Angeles: University of California Press, 2006. 926-928. Print.