HR Research Paper Example | Topics and Well Written Essays - 750 words

HR - Research Paper Example Daily functions include such things as providing advice to various levels of management and employees regarding company policies and procedures. Also included is acting as a liaison between employees and management (Human Resources Generalist Duties and Responsibilities 1). This is an area large in scope, and relies on the Generalist to be able to retain and recall information quickly and accurately. Since problems and questions are not often exactly duplicated, it requires ability to handle new situations based on similar issues that occurred in the past. A Human Resources Generalist performs other functions on a weekly basis. Examples of these items could be assisting with payroll processing and answering payroll related inquiries from employees or managers. Also, gathering unemployment paperwork for use in unemployment benefits hearings is another function often performed weekly depending on the size of the company (1). Other functions are performed on a monthly basis by the HR Generalist. Examples include assisting in providing counsel to employees with regards worker’s compensation, short-term disability, FMLA, and other employee leave issues. Maintaining company bulletin board postings for internal job openings, along with required legal and compliance issue postings is also critical. Recruitment strategies often need slightly revised on a monthly or semi-monthly basis. Too, monthly audits of HR files including I-9 forms are needed (1). Finally, some issues are performed yearly. Such items as these could be participation in job fairs; revisions and improvements in job descriptions; advising managers and employees on yearly employee benefit options; and holding benefits meetings and training (2). There are several areas that I would have strong interest in performing as an HR Generalist. A first such issue would be working as a liaison

By joining the European Union, the UK's doctrine of Parliamentary Essay

By joining the European Union, the UK's doctrine of Parliamentary Sovereignty has been considerably limited and changed, Discu - Essay Example The establishment of the European Union has weakened the traditional supremacy of the Parliament and affecting greatly the power sharing within the country. The current view of the powers of the Parliament is very different from the one that Dicey was talking about. Apart from the European Union, factors relating to the Human Rights Act of 1998 as well as the developments in the common law have greatly hampered the authority of the United Kingdom’s Parliamentary supremacy. The battle of supremacy has seen the parliament lose in some cases that were initially under its jurisdiction. In a case involving the oil giant, Trafigura and The Guardian newspaper in 2009, there was absolute non-adherence to the Bill of Rights as stipulated in the 1689 provision. The company was able to have the freedom of expression on parliamentary debates restricted to for several media platforms, The Guardian being one of them. This issue presented a test for parliamentary supremacy and its shakiness in the current forms. The fact that they were bent by a private organization brings situations where it is likely that they can bend several rules for specific interests courtesy of the provisions of the European Union Law. ... Another case that demonstrates the authority of the European Union over the United Kingdom Parliament was the one involving Van Gend En Loos3. The court ruled that â€Å"the member States have limited their sovereign rights, and albeit within limited fields, have created a body of law which binds both nationals and themselves†. This means that the country’s systems are inferior to those of the ones by the European Union. In its actual terms, the ruling provides that there is no law among the member sates that is capable of surpassing that of the European Union, the same applies to the institutions of the Union as opposed to those of the regional block. The law is becoming superior in diverse ways with several in-country as well as regional cases being given the European Union interpretation of the law. The European Community Act is a very important legal tool as far as the supremacy of the European Union is concerned. Passed in 1972, the law in section 2 has a provision requiring that all the preexisting statutes and the ones to be enacted must and should abide by the European Union Law, a situation that binds the United Kingdom Parliament to adherence with the directives of the law. This means that the Diceyian view of the supremacy of the Parliament is completely eroded, apart from being challenged by the successive parliaments; an Act of Parliament can be challenged by the European Law effectively. Section 3 of the 1972 Act provides that the decisions of the European Union Court of Justice binds all the tribunals and courts, this includes the United Kingdom’s parliament. Other treaties have been enacted crippling further the role of the United States Parliament, the most recent is the Treaty

Why I choose accounting as my major Essay Example | Topics and Well Written Essays - 1500 words

Why I choose accounting as my major - Essay Example Financial accounting is the reporting of the financial information about a particular organization or company to the external stakeholders or potential stakeholder that include, investors, suppliers and regulators, the report is mostly in the form of financial statements. Management accounting mostly focuses on measurement analyzing, and reporting of financial information for internal use in decision making by the management. Bookkeeping which is also done by accountants, is the process of recording all the financial transactions of an organization that will be used to provide summaries that are usually presented in final reports of most of these financial reports. Most of the time the processes of accounting are done by accounting organizations that are not usually part of an organization. They come in as external auditor to assess the efficiency with which a particular company is managing finances. One of the most basic motivations towards one undertaking a particular major in college is the interest and conformity with the requirements of that particular degree. In my case, accounting has been my major area of interest for the fact that it offers diverse opportunities to learn the business market and how it operates. At the same time, one has to ensure that he or she understands the basic requirement in terms of personal attributes for optimal performance. For instance, while working as an accountant, one has to be good at mathematics, detail oriented and organized. Most of the time, the workload given to an accountant is manageable and one can be able to meet the targets easily. However, as Bragg (34) affirms, it needs some degree of organization to enable one to carry on tasks within stipulated time and with maximum attention. Moreover, accounting deals with mathematics when coming up with the reports, therefore before one decides to take on the career, they have to be certain that they

Civil disobedience Essay Example for Free

Civil disobedience Essay In Ralph Waldo Emerson’s essay â€Å"Self Reliance† and Henry David Thoreau’s essay â€Å"Civil Disobedience,† both transcendentalist thinkers speak about being individual and what reforms and changes need to be made in a conformist society. Thoreau elaborates more on the relationship between individuality and society and to break free from conformity. Meaning to take a stance and influence man to make a social change. Emerson leans more towards nature and the connection to spirituality. He exclaims that for individuality there has to be some sort of understanding of oneself to make an impact – which is the basic nature. He believes that man’s connection to nature is the most valuable source of life because nature is what links man to God, â€Å"the divine providence.† Both authors express the need for individuality in order to possess a strong moral and become whole through their transcendentalist ideals. In Emerson’s â€Å"Self-Reliance,† social responsibility is important. The meaning behind this is that there is a time in man’s life when he will finally realize that he has a purpose, a destiny, and the responsibility to achieve goals as long as there is a tap into spiritual nature. Emerson states, â€Å"The strongest man in the world is he who stands alone,† which references the belief of individualism. Emerson notes that famous men and women are often misunderstood simply because of their opinion, ideas, and thoughts; however, this misunderstanding is why they are so respected. One large point in â€Å"Self Reliance† is that humans should not conform to society but to be independent in mind. Emerson stresses that one should connect with nature to maintain peace of mind and individual mentality. In â€Å"Civil Disobedience,† Thoreau meets a man while serving time in prison who has been locked away for burning down a barn. Even so, Thoreau sees his cellmate as an honest man by simply trusting his own intuition. Furthermore, Thoreau writes, â€Å"The government is best which governs least,† in lines 2-3, which is based on the belief that people should not conform to society but stay independent and embrace their own beliefs, goals, values, and morals. Both â€Å"Self Reliance† and â€Å"Civil Disobedience† are relevant in modern society because they discourage conformity, which is a big problem in the world today. Humans tend to lean with the majority, but should be taught to stand their ground. Both essays also mention the government and the problems involved in it. Since they were written, government has not improved; it may have even worsened. Government is best when it governs least- that perspective should still be applied to today’s government. Now, the government tries to constantly control every aspect in everyone’s life, but like Thoreau states, it should allow its people to decide major issues.

General Behavioral Characterization of Proximity Malware

General Behavioral Characterization of Proximity Malware CHAPTER 1 INTRODUCTION GENERAL A delay-tolerant network is anetworkdesigned to operate effectively over extreme distances such as those encountered in space communications or on an interplanetary scale. In such an environment, longlatency sometimes measured in hours or days is inevitable. The popularity of mobile consumer electronics, like laptop computers, PDAs, and more recently and prominently, smart phones, revives the delay-tolerant-network (DTN) model as an alternative to the traditional infrastructure model. The widespread adoption of these devices, coupled with strong economic incentives, induces a class of malware that specifically targets DTNs. We call this class of malware proximity malware. Proximity malware based on the DTN model brings unique security challenges that are not present in the infrastructure model. In the infrastructure model, the cellular carrier centrally monitors networks for abnormalities moreover the resource scarcity of individual nodes limits the rate of malware propagation. A pr erequisite to defending against proximity malware is to detect it. In this paper, we consider a general behavioral characterization of proximity malware. Behavioral characterization, in terms of system call and program flow, has been previously proposed as an effective alternative to pattern matching for malware detection. In our model, malware-infected nodes behaviors are observed by others during their multiple opportunistic encounters: Individual observations may be imperfect, but abnormal behaviors of infected nodes are identifiable in the long-run. OBJECTIVE Network is the combination of Nodes. Each node will communicate with its neighbors and share their data. If a node is affected by a malware it’s necessary to clear it else its neighbors will communicate with it and they also affected by malware. Hence detection of malware is important. Here we discuss some methods for the detection of malware. EXISTING SYSTEM Previous researches quantify the threat of proximity malware attack and demonstrate the possibility of launching such an attack, which is confirmed by recent reports on hijacking hotel Wi-Fi hotspots for drive-by malware attack. With the adoption of new short-range communication technologies such as NFC and Wi-Fi Direct that facilitate spontaneous bulk data transfer between spatially proximate mobile devices, the threat of proximity malware is becoming more realistic and relevant than ever. Proximity malware based on the DTN model brings unique security challenges that are not present in the model. EXISTING SYSTEM DISADVANTAGES Central monitoring and resource limits are absent in the DTN model. Very risk to collecting evidence and also having insufficient evidence. It is filter the false evidence in sequentially and distributed. 1.3.2. LITERATURE SURVEY LITERATURE SURVEY Title:  An Optimal Distributed Malware Defense System for Mobile Networks with Heterogeneous Devices Author: Yong Li, Pan Hui Year: 2011 Description: Consider a mobile network where a portion of the nodes are infected by malware. Our research problem is to deploy an efficient defense system to help the infected nodes to recover and prevent the healthy nodes from further infection. Typically, we should disseminate the content-based signatures of known malware to as many nodes as possible. The signature is obtained by using algorithms such as an MD5 hash over the malware content, and they are used by the mobile devices to detect various patterns in the malware and then to disable further propagation. Therefore, distributing these signatures into the whole network while avoiding unnecessary redundancy is our optimization goal. Title: On Modeling Malware Propagation in Generalized Social Networks Author: Shin-Ming Cheng Year : 2011 Description: This article proposes a novel analytical model to efficiently analyze the speed and severity for spreading the hybrid malware such as Commwarrior that targets multimedia messaging service (MMS) and BT. Validation against conducted simulation experiments reveals that our model developed from the Susceptible-Infected (SI) model in epidemiology accurately Approximates mixed spreading behaviors in large areas without the huge computational cost, which helps estimate the damages caused by the hybrid malware and aids in the development of detection and containment processes. Title: Scalable, Behavior-Based Malware Clustering Author: Ulrich Bayer Year : 2009 Description: In this research, we propose a scalable clustering approach to identify and group malware samples that exhibit similar behavior. For this, we first perform dynamic analysis to obtain the execution traces of malware programs. These execution traces are then generalized into behavioral profiles, which characterize the activity of a program in more abstract terms. The profiles serve as input to an efficient clustering algorithm that allows us to handle sample sets that are an order of magnitude larger than previous approaches. We have applied our system to real-world malware collections. The results demonstrate that our technique is able to recognize and group malware programs that behave similarly, achieving a better precision than previous approaches. To underline the scalability of the system, we clustered a set of more than 75 thousand samples in less than three hours. Title: Self-Policing Mobile Ad-Hoc Networks by Reputation Systems Author: Sonja Buchegger Year : 2005 Description: Node misbehavior due to selfish or malicious reasons or faulty nodes can significantly degrade the performance of mobile ad-hoc networks. To cope with misbehavior in such self-organized networks, nodes need to be able to automatically adapt their strategy to changing levels of cooperation. Existing approaches such as economic incentives or secure routing by cryptography alleviate some of the problems, but not all. We describe the use of a self-policing mechanism based on reputation to enable mobile ad-hoc networks to keep functioning despite the presence of misbehaving nodes. The reputation system in all nodes makes them detect misbehavior locally by observation and use of second-hand information. Once a misbehaving node is detected it is automatically isolated from the network. We classify the features of such reputation systems and describe possible implementations of each of them. We explain in particular how it is possible to use second-hand information while mitigat ing contamination by spurious ratings. Title: The EigenTrust Algorithm for Reputation Management in P2P Networks Author: Sepandar D. Kamvar, Mario T. Schlosser Year : 2003 Description: Peer-to-peer file-sharing networks are currently receiving much attention as a means of sharing and distributing information. However, as recent experience shows, the anonymous, open nature of these networks offers an almost ideal environment for the spread of Self-replicating inauthentic files. We describe an algorithm to decrease the number of downloads of inauthentic files in a peer-to-peer file-sharing network that assigns each peer a unique global trust value, based on the peer’s history of uploads. We present a distributed and secure method to compute global trust values, based on Power iteration. By having peers use these global trust values to choose the peers from whom they download, the network effectively identifies malicious peers and isolates them from the network. In simulations, this reputation system, called EigenTrust, has been shown to significantly decrease the number of inauthentic files on the network, even under a variety of conditions where malicious peers cooperate in an attempt to deliberately subvert the system. Title: When Gossip is Good: Distributed Probabilistic Inference for Detection of Slow Network Intrusions Author: Denver Dash, Branislav Kveton Year : 2006 Description: Intrusion attempts due to self-propagating code are becoming an increasingly urgent problem, in part due to the homogeneous makeup of the internet. Recent advances in anomaly based intrusion detection systems (IDSs) have made use of the quickly spreading nature of these attacks to identify them with high sensitivity and at low false positive (FP) rates. However, slowly propagating attacks are much more difficult to detect because they are cloaked under the veil of normal network traffic, yet can be just as dangerous due to their exponential spread pattern. We extend the idea of using collaborative IDSs to corroborate the likelihood of attack by imbuing end hosts with probabilistic graphical models and using random messaging to gossip state among peer detectors. We show that such a system is able to boost a weak anomaly Detector D to detect an order-of-magnitude slower worm, at false positive rates less than a few per week, than would be possible using D alone at the end-host or on a network aggregation point. Title: A Preliminary Investigation of Worm Infections in a Bluetooth Environment Author: Jing Su, Kelvin K. W. Chan Year : 2006 Description: Over the past year, there have been several reports of malicious code exploiting vulnerabilities in the Bluetooth protocol. While the research community has started to investigate a diverse set of Bluetooth security issues, little is known about the feasibility and the propagation dynamics of a worm in a Bluetooth environment. This paper is an initial attempt to remedy this situation. We start by showing that the Bluetooth protocol design and implementation is large and complex. We gather traces and we use controlled experiments to investigate whether a large-scale Bluetooth worm outbreak is viable today. Our data shows that starting a Bluetooth worm infection is easy, once vulnerability is discovered. Finally, we use trace-drive simulations to examine the propagation dynamics of Bluetooth worms. We find that Bluetooth worms can infect a large population of vulnerable devices relatively quickly, in just a few days. Title: An adaptive anomaly detector for worm detection Author: John Mark Agosta, Carlos Diuk-Wasser Year : 2007 Description: We present an adaptive end-host anomaly detector where a supervised classifier trained as a traffic predictor is used to control a time-varying detection threshold. Training and testing it on real traffic traces collected from a number of end-hosts, we show our detector dominates an existing fixed threshold detector. This comparison is robust to the choice of off-the-shelf classifier employed, and to a variety of performance criteria: the predictor’s error rate, the reduction in the â€Å"threshold gap† and the ability to detect the simulated threat of incremental worm traffic added to the traces. This detector is intended as a part of a distributed worm detection system that infers system-wide threats from end-host detections, thereby avoiding the sensing and resource limitations of conventional centralized systems. The distributed system places a constraint on this end host detector to appear consistent over time and machine variability. Title: CPMC: An Efficient Proximity Malware Coping Scheme in Smartphone-based Mobile Networks Author: Feng Li, Yinying Yang Year : 2010 Description: Many emerging malware can utilize the proximity of devices to propagate in a distributed manner, thus remaining unobserved and making detections substantially more challenging. Different from existing malware coping schemes, which are either totally centralized or purely distributed, we propose a Community-based Proximity Malware Coping scheme, CPMC. CPMC utilizes the social community structure, which reflects a stable and controllable granularity of security, in smart phone-based mobile networks. The CPMC scheme integrates short-term coping components, which deal with individual malware and long-term evaluation components, which offer vulnerability evaluation towards individual nodes. A closeness-oriented delegation forwarding scheme combined with a community level quarantine method is proposed as the short-term coping components. These components contain a proximity malware by quickly propagating the signature of a detected malware into all communities while avoiding u nnecessary redundancy. PROPOSED SYSTEM Behavioral characterization, in terms of system call and program flow, has been previously proposed as an effective alternative to pattern matching for malware detection. In our model, malware-infected nodes’ behaviors are observed by others during their multiple opportunistic encounters: Individual observations may be imperfect, but abnormal behaviors of infected nodes are identifiable in the long-run. We identify challenges for extending Bayesian malware detection to DTNs, and propose a simple yet effective method, look-ahead, to address the challenges. Furthermore, we propose two extensions to look-ahead, dogmatic filtering and adaptive look-ahead, to address the challenge of â€Å"malicious nodes sharing false evidence†. PROPOSED SYSTEM ADVANTAGES Real mobile network traces are used to verify the effectiveness of the proposed methods. The proposed evidence consolidation strategies in minimizing the negative impact of liars on the shared evidence’s quality. It is used to identify the abnormal behaviors of infected nodes in the long-run. . CHAPTER 2 PROJECT DESCRIPTION 2.1. GENERAL We analyze the problem of behavioral characterization of malware nodes in Delay Tolerant Network efficiently without affecting network performance. 2.2. PROBLEM DEFINITION Proximity malware is a malicious program that disrupts the host node’s normal function and has a chance of duplicating itself to other nodes during (opportunistic) contact opportunities between nodes in the DTN. When duplication occurs, the other node is infected with the malware. We present a general behavioral characterization of proximity malware, which captures the functional but imperfect nature in detecting proximity malware. Under the behavioral malware characterization, and with a simple cut-off malware containment strategy, we formulate the malware detection process as a distributed decision problem. We analyze the risk associated with the decision, and design a simple, yet effective, strategy, look-ahead, which naturally reflects individual nodes’ intrinsic risk inclinations against malware infection. We present two alternative techniques, dogmatic filtering and adaptive look-ahead, that naturally extend look-ahead to consolidate evidence provided by others, w hile containing the negative effect of false evidence. A nice property of the proposed evidence consolidation methods is that the results will not worsen even if liars are the majority in the neighborhood 2.3. METHODOLOGIES Methodologies are the process of analyzing the principles or procedure for behavioral characterizing of node with two methods, dogmatic filtering and adaptive look-ahead, for consolidating evidence provided by other nodes, while containing the negative impact of liars in delay tolerant network. 2.3.1. MODULES Authentication Network Nodes Malware Detection Evidence Analysis Evil Node Revocation 2.3.2 MODULE DESCRIPTION Authentication If you are the new user going to consume the service then they have to register first by providing necessary details. After successful completion of sign up process, the user has to login into the application by providing username and exact password. The user has to provide exact username and password which was provided at the time of registration, if login success means it will take up to main page else it will remain in the login page itself.. Network Nodes Under this module, the network nodes which are interconnected by local area network, that node ip address will be fetched in order to share the resources among the network. As well as the performance of individual system have been analyzed to assess the behavior Malware Detection Malware detection module helps to identify the evil node which is affected by malware program Evidence Analysis This module used to investigate about evidences of nodes by collecting assessments before a normal node get affected by malware program. Evidence aging process helps to discard outdated assessments of a node and evidence consolidation helps to filter negative assessments of a node provided by the other nodes. Evil Node Revocation After detection of evil node, we need to drop the communication with that in order to prevent from malware spreading and the evil node details are transferred to database for further reference. Finally evil node gets revoked from the network computer list. 2.3.3. MODULE DIAGRAM: Authentication Network Nodes Malware Detection Evidence Analysis Evil Node Revocation 2.3.4. GIVEN INPUT EXPECTED OUTPUT AUTHENTICATION Input: Give username and password Output: Allow to your personal details NETWORK NODES Input: Connect to network Output: Communicate between client server MALWAER DETECTION Input: Transfer your file to another node Output: Identifying malicious node EVIDENCE ANALYSES Input: Communicate with other node before affect by malware node then collect evidences Output: Showing all evidence analysis report EVIL NODE REVOCATION Input: Communication with malware node till collect full evidences Output: Malware node has been removed 2.4. TECHNIQUE USED Dogmatic filtering Dogmatic filtering is based on the observation that one’s own assessments are truthful and therefore, can be used to bootstrap the evidence consolidation process. A node shall only accept evidence that will not sway its current opinion too much. We call this observation the dogmatic principle. Adaptive look-ahead Adaptive look ahead takes a different approach towards evidence consolidation. Instead of deciding whether to use the evidence provided by others directly in the cut-off decision, adaptive look ahead indirectly uses the evidence by adapting the steps to look ahead to the diversity of opinion.

Foucault and the Theories of Power and Identity Essay example -- Fouca

Foucault and the Theories of Power and Identity Foucault believed that power is never in any one person?s hands, it does not show itself in any obvious manner but rather as something that works its way into our imaginations and serves to constrain how we act. For example in the setting of a workplace the power does not pass from the top down; instead it circulates through their organizational practices. Such practices act like a grid, provoking and inciting certain courses of action and denying others. Foucault considers this as no straightforward matter and believes that it rests on how far individuals interpret what is being laid down as 'obvious' or 'self evident', institutional power works best when all parties accept it willingly. Foucault's notion of power is a difficult notion to grasp principally because it is never entirely clear on who has the power in the first place, once the idea is removed that power must be vested in someone at the top of the ladder e.g. the company director, it becomes much more difficult to ident ify what power is or where and whom it lies with. Foucault believes that we are so used to thinking about power as an identifiable and overt force and that this view is simply not the case, because it is taken for granted that the above statement is true then it is much more complicated to comprehend power as a guiding force that does not show itself in an obvious manner. According to Foucault we take it upon ourselves to regulate our own conduct, even though we are free to do and say as we please we choose to constrain our behaviour and the reason for us doing so it that we know what is expected of us, we do not need someone in a position of ?authority? to do this for us, we all take responsibility for our own lives. It is in this sense that power works as an anonymous force, provoking free agents to act in ways that make it difficult for them to do otherwise. Foucault?s theory of power ?revolves around indirect techniques of self-regulation which induce appropriate forms of behaviour.?1, we are free to govern ourselves. In the absence of an authority figure we will automatically restrain our behaviour, there is no ?hand? of power that pushes us all into line, only an acknowledgement that we all work within a framework of choices, that are ultimately subjected to influence and direction, but that we ourselves have the fina... ...ogist Kathy Woodward, she also points out that our identity would need to change depending on whom it is we were interacting with and the situation that we were in, ?subtle and not so subtle variations of identity may well be called upon for each of these roles.?8 Butler describes modern notions of identity as ?being made up of regulatory ideals?9, these regulatory ideals provide ?idealised and reified norms which people are expected to live up to.?10 These types of regulatory ideals are sustained or undermined through performance. Performativity is not a singular act, ?it is always the reiteration of a norm or a set of norms, and to the extent that it acquires an act like status in the present, it conceals or dissimulates the conventions of which it is a repitition.?11It is through this repeated action that that these norms are created and lived up to. This idea can also be related to discourse; Butler argues that performative acts are statements that also produce that which they say. Discourse promotes specific kinds of power relations, in other words to know is to participate in complicated webs of power. Thus perfomative acts are a domain in which discourse acts as power.

Search and Seizure

Abstract â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized† (Hudson, 2010, p. 363). In this essay we will explore what is reasonableness under the Fourth Amendment. A discussion of consensual encounters vs. etentions concerning search and seizure, we will also discus important cases that shape the fundamentals procedures of search and seizure. According to Rutledge (2010) p. 109, reasonableness may have up four factors to consider: Justification, scope, place, and manner of execution. He also makes a valid point to state that even if an officer were to have the first three factors, justification, scope, and place the fourth is the most important because it could invalidate the search and seizur e if its not done properly.A justifiable search could have many factors that would allow an officer to conduct a proper search or make a lawful detention and stops. One of them is a search warrant, which carries a limited authority to detain persons present and also search the property detailed on the warrant. Another is a criminal profile; an example would be of a drug dealer that would fit the physical description given to the officer. Anonymous tip, multiple informant’s, an example is like two or more persons able to identify someone that has committed a crime, and of course police observation.However if the officer sees something suspicious he/she has to articulate why such person has broken the law and given him/her probable cause to do a warrantless search or detention on such said person. Scope falls in the actual process of the search, meaning that you could only reasonably search with in the search area, an example that my teacher Mr. Enos discussed in class, was if your searching for alcohol in a vehicle then you could only search were alcohol could be reasonably hidden inside a car.Place refers to a public or private area, an example is you could search the immediate area of a public place like a park, but you can’t search someone’s back yard without a warrant. Lastly the Manner of Execution, which refers too the manner in which the officer caries out the search and his/her understanding of the individuals rights, and example would be that you could do a weapon pat down, which is literally just a pat down of the individuals clothe and don’t actually searching pockets and such.Also it helps the officer to diffuse the situation if the officer was to ask not demand and example would be â€Å"could I pat you down for my own protection? † (Rutledge 2010, p. 111). Consensual encounters are when an individual has agreed to talk to an officer on his/her own free will; such said person can at any time terminate the conversa tion and leave. An officer is able to lawfully approach anyone in a public setting and engage in a conversation. Also Rutledge advises that an officer can knock on the front door of a suspect to attempt a consensual encounter with the suspect, he can also approach a park vehicle to do the same (p. 110).Also its ok to shine a flash light on someone and ask to talk and the reason being I believe is for the safety of the officer and the communities, its reasonable I think to want to know who is lurking in the dark. Also its reasonable that its consensual when you ask people certain things like, for identification, and show of hands, because its for the safety of the officer and also to expedite the situation along. The definition of Detention according to Rutledge is â€Å" A detention occurs when a person submits to something the officer says or does that would communicate to a reasonable person that he/she is no longer free to leave† (2010 p. 10). However that’s only tr ue when you have a probable cause or reasonable suspicion for such an action. The use of hunches or suspicions with any grounds is not justifiable, also if a person is hanging out in a high crime area you cant just detain them for that, also random car stops for drivers license’s check is unjustifiable, you could do sobriety checkpoints lawfully and also witness checkpoints, that’s when there is a brief stop to pass out flyers to find a suspect/felon or to seek a witness out for a nearby crime (p112).Some of the Cases I thought were interesting and that help shape the methods of Search and Seizure were California vs. Greenwood, Katz vs. U. S, and Whren vs. U. S. California vs. Greenwood was a case in which the Supreme Court of the United States held that the Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the premise of a home. What happen in this case was that an investigator had various sources saying that Mr.Greenwood sold illegal drugs out of his home. So the investigator asked the trash collector if he could bring the trash to her, and sure enough there was drug paraphernalia in the trash bags (Wikipidia). In the case of Katz vs. U. S. the issue was a warrantless search and seizure in a violation of the fourth amendment? The situation was as followed Katz used a certain phone booth for interstate bookmaking and those conversations were being tape by some agents and those tapes were used to convict Katz of federal crimes.However Katz contended that the interception of his phone calls were in violation of his fourth amendment rights, and the courts a greed and reverse Katz’s conviction stating that the search had not being pre-approve by the judge and was warrantless therefore illegal (Rutledge p. 158). In the case of Whren vs. US the issue is can a traffic stop be used as a pretext to stop a vehicle for investigative purpose? (Rutledge p. 167). Under cover narcotics officers saw a vehicle make two traffic violations and made stop to issue a warning when they spotted Mr.Whren with crack cocaine in his hands. Whren was arrested and prosecuted, but he fought, saying that the traffic stop was an excuse to make a narcotic investigation. However the court ruled in favor of the officer that they did have the right to the arrest because it did not violate the Fourth Amendment (Rutledge p. 168). In conclusion I have cover several topics in which Search and Seizure have being explain. Such has what is a reasonable search under the Fourth Amendment, and what is a consensual encounter and what is a detention.Also I have covered a couple of cases that have help shape the methods of search and seizures. REFERENCE Hudson, David L. , (2010) THE HANDY LAW ANSWER BOOK, pg. 363, Visible Ink Press Rutledge, Devallis, (2010 by LawTech Publishing) Californias Peace Officers’ Legal and Search & Seizure Field Sourceguide, pg. 109-112, 158, 167-168. Retrieved May12, 2010 http://supreme. justia. com/us/486/35/case. html California vs. Greenwood,486 (paragraph1-2) Search and Seizure Abstract â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized† (Hudson, 2010, p. 363). In this essay we will explore what is reasonableness under the Fourth Amendment. A discussion of consensual encounters vs. etentions concerning search and seizure, we will also discus important cases that shape the fundamentals procedures of search and seizure. According to Rutledge (2010) p. 109, reasonableness may have up four factors to consider: Justification, scope, place, and manner of execution. He also makes a valid point to state that even if an officer were to have the first three factors, justification, scope, and place the fourth is the most important because it could invalidate the search and seizur e if its not done properly.A justifiable search could have many factors that would allow an officer to conduct a proper search or make a lawful detention and stops. One of them is a search warrant, which carries a limited authority to detain persons present and also search the property detailed on the warrant. Another is a criminal profile; an example would be of a drug dealer that would fit the physical description given to the officer. Anonymous tip, multiple informant’s, an example is like two or more persons able to identify someone that has committed a crime, and of course police observation.However if the officer sees something suspicious he/she has to articulate why such person has broken the law and given him/her probable cause to do a warrantless search or detention on such said person. Scope falls in the actual process of the search, meaning that you could only reasonably search with in the search area, an example that my teacher Mr. Enos discussed in class, was if your searching for alcohol in a vehicle then you could only search were alcohol could be reasonably hidden inside a car.Place refers to a public or private area, an example is you could search the immediate area of a public place like a park, but you can’t search someone’s back yard without a warrant. Lastly the Manner of Execution, which refers too the manner in which the officer caries out the search and his/her understanding of the individuals rights, and example would be that you could do a weapon pat down, which is literally just a pat down of the individuals clothe and don’t actually searching pockets and such.Also it helps the officer to diffuse the situation if the officer was to ask not demand and example would be â€Å"could I pat you down for my own protection? † (Rutledge 2010, p. 111). Consensual encounters are when an individual has agreed to talk to an officer on his/her own free will; such said person can at any time terminate the conversa tion and leave. An officer is able to lawfully approach anyone in a public setting and engage in a conversation. Also Rutledge advises that an officer can knock on the front door of a suspect to attempt a consensual encounter with the suspect, he can also approach a park vehicle to do the same (p. 110).Also its ok to shine a flash light on someone and ask to talk and the reason being I believe is for the safety of the officer and the communities, its reasonable I think to want to know who is lurking in the dark. Also its reasonable that its consensual when you ask people certain things like, for identification, and show of hands, because its for the safety of the officer and also to expedite the situation along. The definition of Detention according to Rutledge is â€Å" A detention occurs when a person submits to something the officer says or does that would communicate to a reasonable person that he/she is no longer free to leave† (2010 p. 10). However that’s only tr ue when you have a probable cause or reasonable suspicion for such an action. The use of hunches or suspicions with any grounds is not justifiable, also if a person is hanging out in a high crime area you cant just detain them for that, also random car stops for drivers license’s check is unjustifiable, you could do sobriety checkpoints lawfully and also witness checkpoints, that’s when there is a brief stop to pass out flyers to find a suspect/felon or to seek a witness out for a nearby crime (p112).Some of the Cases I thought were interesting and that help shape the methods of Search and Seizure were California vs. Greenwood, Katz vs. U. S, and Whren vs. U. S. California vs. Greenwood was a case in which the Supreme Court of the United States held that the Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the premise of a home. What happen in this case was that an investigator had various sources saying that Mr.Greenwood sold illegal drugs out of his home. So the investigator asked the trash collector if he could bring the trash to her, and sure enough there was drug paraphernalia in the trash bags (Wikipidia). In the case of Katz vs. U. S. the issue was a warrantless search and seizure in a violation of the fourth amendment? The situation was as followed Katz used a certain phone booth for interstate bookmaking and those conversations were being tape by some agents and those tapes were used to convict Katz of federal crimes.However Katz contended that the interception of his phone calls were in violation of his fourth amendment rights, and the courts a greed and reverse Katz’s conviction stating that the search had not being pre-approve by the judge and was warrantless therefore illegal (Rutledge p. 158). In the case of Whren vs. US the issue is can a traffic stop be used as a pretext to stop a vehicle for investigative purpose? (Rutledge p. 167). Under cover narcotics officers saw a vehicle make two traffic violations and made stop to issue a warning when they spotted Mr.Whren with crack cocaine in his hands. Whren was arrested and prosecuted, but he fought, saying that the traffic stop was an excuse to make a narcotic investigation. However the court ruled in favor of the officer that they did have the right to the arrest because it did not violate the Fourth Amendment (Rutledge p. 168). In conclusion I have cover several topics in which Search and Seizure have being explain. Such has what is a reasonable search under the Fourth Amendment, and what is a consensual encounter and what is a detention.Also I have covered a couple of cases that have help shape the methods of search and seizures. REFERENCE Hudson, David L. , (2010) THE HANDY LAW ANSWER BOOK, pg. 363, Visible Ink Press Rutledge, Devallis, (2010 by LawTech Publishing) Californias Peace Officers’ Legal and Search & Seizure Field Sourceguide, pg. 109-112, 158, 167-168. Retrieved May12, 2010 http://supreme. justia. com/us/486/35/case. html California vs. Greenwood,486 (paragraph1-2)