International border searches Essay Example for Free

International border searches Essay It is recognized that it is paramount to the U. S. to protect and preserve the integrity of its borders. This involves a constant balancing by the authorities between trade and commerce on one hand and terrorist activities, contraband and illegal immigrants on the other hand. By reason of this, security operations involve border searches and seizures which necessarily have implications on the Fourth Amendment (Vina, 2005). The Fourth Amendment ensures and protects the people from unreasonable searches and seizures and provides, â€Å"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† (U. S. Constitution, Fourth Amendment). The Fourth Amendment is to ensure that the powers of the federal government are not arbitrarily used against its citizens. Legally, â€Å"reasonableness† is required as one to be determined by a judge for the issuance of a search warrant. The judge is said to be independent and impartial as to determine the existence of probable cause so that the police can make the search or arrest [Katz v. U. S. , 347, 357 (1967)]. A violation of the Fourth Amendment will result in the exclusion or suppression of whatever evidence may be gathered pursuant to the exclusionary rule enunciated by the Court in the case of Mapp v. Ohio, 367 U. S. 643 (1961). There are however, exceptions established when reasonableness and warrant requirement are relaxed and therefore â€Å"probable cause is not invariably required either† (Vernonia School Dist. 47J v. Acton, 515 U. S. 646, 653 (1995). This occurs when the interests of the public require more protection than those of private interests. One of these established exceptions to the warrant and probable cause requirement is border search [Camara v. Municipal Court, 387 U. S. 523 (1967)]. Discussion Border search is defined in the case of United States v. Ramsey as â€Å"that searches made at the border, pursuant to the longstanding right of the sovereign to protect itself by stopping and examining persons and property crossing into this country, are reasonable simply by virtue of the fact that they occur at the border, should, by now, require no extended demonstration (431 U. S. 606 (1977)). This does not require a warrant, probable cause or reasonable suspicion (Onecle web site, 2005). The exception of border search is provided for under the United States Code specifically in Chapter 19, subsections 482 and 1582. This exception is premised on the duty of the state to protect its citizens, regulate trade and commerce and enforces immigration laws, thus, authorizing routine stops for searches at the border [U. S. v. Ramsey, 431 U. S. 606 (1977)]. There are two types of border search, namely routine and non-routine (Vina, 2005). In the case of U. S. v. Johnson, the Court explained that routine search include a search without any suspicion and entails very limited invasion of privacy (991 F 2d. 1287, 1291 7th Cir. 1993). This may include a dog sniff of the person, a search and inspection of belongings, luggage and car (Vina, 2005). The non-routine search includes more intrusive methods and is conducted when the authorities have suspicion that there is alimentary canal smuggling. The search may consist of â€Å"destructive searches of inanimate objects, prolonged detentions, strip searches, body cavity searches, and some x-ray examinations† (Vina, 2005). Body cavity searches include searches in cavities such as â€Å"vagina, rectum, or the use of emetics† [Vina, 2005 citing United States v. Ogberaha, 771 F. 2d 655, 657 (2d Cir. 1985) (vagina); United State v. Pino, 729 F. 2d 1357, 1358 (11 th Cir. 1984) (rectum); United States v. Briones, 423 F. 2d 742, 743 (5 th Cir. 1970) (emetics)]. The law requires that ‘reasonable suspicion’ consists in particular and specific facts which a logical person can infer from a wrong doing (U. S. v. Montoya de Hernandez (1985), 473 U. S. 531). There are also instances when border searches are allowed to extend beyond the border, in the following cases, namely: â€Å"(1) the government officials have reasonable certainty or a â€Å"high degree of probability† that a border was crossed; (2) they also have reasonable certainty that no change in the object of the search has occurred between the time of the border crossing and the search; and (3) they have â€Å"reasonable suspicion† that criminal activity was occurring† (U. S. v. Teng Yang (2002), 286 F. 3d. 940). These three requisites must exist and concur to render legal and constitutional, the extended border search by ensuring a â€Å"significant nexus with a border crossing† by the suspect (Vina, 2005). Most often the routine searches give rise to non-routine searches such as for instance where undeclared precious stones are found inside the pocket of the suspect, this resulted into reasonable suspicion thus giving rise to the conduct of non-routine search of strip searches. This yielded an envelope of narcotics (U. S. v. Flores, (1973) 477 F. 2d 608). Conclusion The U. S. government embarked on enhancing border security technologies and operations by reason of the September 11 terrorist attack. Intercepting and aborting terrorist attacks and smuggling of contraband were overstressed. Pieces of legislation are being drafted to harness further training in detection of false or falsified documents, pilot programs are launched for â€Å"surveillance technologies, biometric entry and exit data system and enhanced training of border officials (Vina, 2005). Volunteer programs were also set up to assist in observing and reporting of the movement of illegal aliens such as those launched in Arizona in 2005. This is a â€Å"citizens’ neighborhood watch’ program called the Minuteman Project. References Camara v. Municipal Court, 387 U. S. 523 (1967) Katz v. U. S. , 347, 357 (1967) Mapp v. Ohio, 367 U. S. 643 (1961). Onecle Web site 2005 â€Å" Border searches† Retrieved on October 25, 2007, from http://law. onecle. com/constitution/amendment-04/18-border-searches. html United States Code, Chapter 19, subsections 482 and 1582 U. S. Constitution, Fourth Amendment Vernonia School Dist. 47J v. Acton, 515 U. S. 646, 653 (1995). Vina, S. 2005, Protecting our perimeter:† border searches† under the Fourth amendment CRS Report for Congress. Retrieved on October 25, 2007, from http://www. fas. org/sgp/crs/homesec/RL31826. pdf. United States v. Briones, 423 F. 2d 742, 743 (5 th Cir. 1970) U. S. v. Flores, (1973) 477 F. 2d 608). U. S. v. Johnson, 991 F 2d. 1287, 1291 7th Cir. 1993). U. S. v. Montoya de Hernandez (1985), 473 U. S. 531 United States v. Ogberaha, 771 F. 2d 655, 657 (2d Cir. 1985) (vagina) United States v. Pino, 729 F. 2d 1357, 1358 (11 th Cir. 1984) (rectum); U. S. v. Ramsey, 431 U. S. 606 (1977)]. U. S. v. Teng Yang (2002), 286 F. 3d. 940.

Balance Of Power :: essays research papers

The Balance of Power Throughout the semester, a theme that has guided our thoughts has been the idea that the self is the capacity to have capacities. Through what we have read, written about, and discussed, we have been trying to come up with our own answers to the questions about the self; what a capacity is, how we find them, which ones are essential to human flourishing, what we do with them once they are found? Yet all of these questions lead us to answer that final and defining question of "what is the 'truth'?" A capacity is a capability or a realized power in a person. Some of the authors that we read throughout the semester believed that these capacities must be implanted into us, and then nurtured and trained. C.S. Lewis says that, "The task of the modern educator is not to cut down jungles, but to irrigate deserts."(1-p.27) However, in this statement he contradicts his own belief. In order for irrigation to work and make things grow, there must be something there beneath the surface to begin with. This is exactly my belief. I agree with Lewis that our capacities must be trained and educated, but those that are essential to human flourishing are inside our hearts waiting to be uncovered. But how then, do we go about uncovering these capacities? The answer is so simple, and yet far to complex to completely explain in one paper. It takes thought. In fact, thought is the best example of a capacity. No one can teach thought. It is an innate quality of all human beings. However, thought is not complete in its original state. We must train and educate our ability to think. We can train it to be analytical, critical, evidential, logical, careful, clear, subjective, objective, etc. The list could go on and on. We can 'irrigate' it and watch it grow. But that is assuming that it is there in the first place. Kierkegaard was on the right track to uncovering what is inside of us. He believed that it would take subjective thought about ourselves, not being detached from our feelings, but letting our emotions be our guide to what we truly believe. However, subjective thinking alone cannot decipher what capacities are essential to our lives. It gives us a place to start from with what really matters to us in our hearts, but it is clouded by our biases and prejudgements.

Nokia Market Analysis

The roots of Nokia go back to the year 1865 with the establishment of a forestry industry enterprise in South-Western Finland by mining engineer Fredrick Idestam. While in the year 1898, witnessed the foundation of Finnish Rubber Works Ltd, and in 1912, Finnish Cable Works began operations. Gradually, the ownership of this two companies and Nokia began to shift into hands of just a few owners. Finally, these three companies were merged to form Nokia Corporation in 1967. [1] Nokia Corporation engages in the manufacture of mobile devices and mobile network equipment, as well as in the provision of related solutions and services worldwide. The company has four main business functions or segments: Mobile Phones, Multimedia, Enterprise Solutions, and Networks. The Mobile Phones segment provides various mobile voice and data devices. This segment offers mobile phones and devices based on GSM/EDGE, 3G/WCDMA, and CDMA cellular technologies. The Multimedia segment offers mobile devices and applications with multimedia connectivity over GSM, 3G/WCDMA, WLAM etc. Strategic Management of Nokia The External Analysis examines opportunities and threats that exist in the environment and I will be discussing the fallowing. . P. E. S. T Analysis 2. Porter’s Five Forces/Market Trends 3. Types of Market 1. P. E. S. T Analysis: PEST identifies the political, economic, social, technological, environmental, and legal factors that of which directly affect a company. In this case Nokia. Political – As markets are deregulated, both operators and manufacturers are free to act independently of government intervention. In Countries like India and China where Partial regulations exist, government intervention does take place. Economic – With incomes rising, people have more disposable income, which enables consumers to be more selective with their choice of mobile phone, looking to other factors rather than fulfilling the most basic of user needs (text messaging and phone calls) and price being such a key factor. Social – The rise of the so-called information society has made telecommunications increasingly more important to consumers, both in terms of work and leisure. Users are more aware of mobile phone handset choice and advancements due to increased information availability. Strategic Management of Nokia Technological – There have been much global advancement in technology such as MMS, Bluetooth, WAP, GSM, GPRS, cameras etc. The Asian markets are more technologically advanced than their European counterparts, for example in 2002, just 4% of phones had cameras, whereas in Asia 90% did. It uses concepts developed in Industrial Organization (IO) economics to derive five forces which determine the competitive intensity and therefore attractiveness of a market. It consists of fallowing factors. Power of New Entrants:In any market arrival of a new product is not always welcomed. In mobiles world it’s not different a mobile phone or an online service is launched by Nokia it has as 50 percent chance of success. It’s like the launch of Nokia’s N95 Smartphone which was much appreciated by buyers then the launch of N96 Smartphone. Power of Buyers:Due to recent down fall in the economy, the demand of consumers buying new mobiles has come to a halt. Due to which companies everywhere are thinking of strategies to increase the demand of their products. Strategic Management of Nokia Threat of Substitute:There are substitute for everything out in the world. So goes for the mobile, and the services provided by Nokia but the problem lies in consumers switching to the substitute. The main reason is that most people don’t like to change to something new because they might find it hard to use or switch over. Power of Suppliers:If the suppliers change the price then company in this case Nokia has a direct impact on the pricing of their products. If there are more suppliers then it is easy to change from one to another if the first one is not able to provide the services a company needs. Competitive Rivalry:Business is good where there are competitors because it gives more chance to improve and go ahead of your rivals. Nokia keep their product catalogs up-to-date and keep looking for better technologies to update its mobile and services. 3. Types of Market : There are different types of markets on which a company makes strategies to fallow and consider before releasing products. Which are discussed as below. Monopoly:Nokia as a mobile manufacturer has dominated mobiles market with its high end N-series Smartphone to its low end mobiles. It was Nokia’s intentional strategy to keep ahead with the technology to keep customers interested in its products. Duopoly:It’s a market state when two companies dominate the market. In this market Nokia is challenging HUAWEI technologies in producing 3G technology dongles because at present time there is no other company in the world expect Huawei producing 3G dongles. Oligopoly:It’s a type of market where small numbers of companies in the market collude to take control of the market prices and products. In Nokia’s case it is colluding with Sony Ericsson and Samsung to make phones which use Nokia’s mobile operating system (Symbian S60). This eliminates the use of Window’s mobile operating system and newly introduced Google’s operating system Android. Perfect Competition:It’s a market where all Companies are on a same level. Nokia as a leading manufacturer still have Samsung, Sony Ericsson, Motorola, and LG give a tough competition with products ranging from every low end user to high end tech loving customer. Internal analysis : Strategic Management of Nokia â€Å"It’s a management technique developed by Bruce Henderson for Boston Consulting Group in 1970 for assessing the long-term viability or profitability of products and market sectors. Categories include cash cows, dogs, stars, problem child or a question mark companies. †[1] Problem Child/Question mark:When a new product is launched in a promising market but it has a low market share but got potential to be a Star then a Cash cow or if everything fails it could become a Dog. In Nokia’s case its latest product from N-series Smartphone N96 is struggling to get the market share like its predecessor N95 Smartphone. Cash Cow: When a certain product’s market matures and its demand slows but it has a large market share is known as Cash Cow. Nokia has many products that reached their maturity and died away in recent days its high end Smartphone N95 reached its market demand and is slowly dying away because new technology is introduced every day. Star:It’s a new product when launched has a high market response and its sales rise. Companies like Nokia are in a search of new products which can be turned into stars and they invest money in Problem Child and Dogs to turn them in to a Star and then hope to turn them in to Cash Cow. Dog:A Dog is a product new or old market shares and sales decline very fast. In mobile industry technology changes very drastically so even a Star with bad strategy and marketing can be turned in to a Dog just as easy Strategic Management of Nokia Core competencies are activities and process performed by a company to keep ahead of the market and its competitors. â€Å"Business professors Bateman and Snell offer this answer: Simply stated, core competence is something a company does especially well relative to its competitors. †[4] Competencies of a company are things that are hard to imitate like customer loyalty etc. These Core Competencies change from time to time. In today’s market where every company is in a lose Nokia is thinking of new ways to get an edge on its competitors by introducing new services and products that are harder to imitate and trying to give most for consumers money. SWOT Analysis: Strengths: 1. Nokia has largest network of distribution and selling as compared to other mobile phone company in the world. 2. The financial aspect is very strong in case of Nokia as it has many more profitable businesses. 3. The product being user friendly and have all the accessories one want. 4. Nokia with wide range of products for all classes. . The re-sell value of Nokia phones are high compared to other company’s product. Weakness: 1. Some of the products are not user friendly. 2. Some of the weakness includes the price of the product offered by the company. 3. Nokia does not like to adopt change very quickly. 4. The service canters in third world countries are very few. Opportunity: 1. Nokia is also thinking of moving from mobile manufacture to personal computer manufacture. 2. As the standard of living in third world countries has increased the purchasing power of the people has increased as well 3. Nokia has to target right customer at right time to gain the most out of the situation. Threats: 1. The threats like emerging of other mobile companies in the market. 2. The new mobile operating systems from Google and Microsoft. 3. The biggest threat is not adopting new technology and putting in good use. 9 Conclusion: After writing this article I came to a conclusion that in any business successful or a newly established if not managed well and cannot take advantage of its opportunities can come to its knees. So for a business to run successfully have to man age its Competitors and threats that may affect the performance of a business.

Accounting and Managerial Finance Free Essay Example, 3500 words

This is because it stands for the extra return that is needed for investing in stocks more than investing in risk free assets. Beta An indirect quantifier that a compares the systematic risk linked with a company’s stocks with the systematic risk of the entire capital market. Additionally, beta has been defined as the index of responsiveness of the returns of a company’s stocks against the returns of the entire market. A beta value of one for a company reflects a systematic risk with the stock, and is the similar to the systematic risk of the entire capita market. The value of beta is arrived through the application of capital asset pricing model on regression analysis to evaluate the return on stocks with that of the capital market. Pratt and Grabowski (2008) asserted that the beta from shares is the standards of the stock’s market risk, plus a standard to the level of which the stock’s returns move relative to that of the market. Stowe, Robinson, and Pinto (2008)Â  provided a restrictive relationship between beta and realized returns by dividing periods of positive and negative mar ket excess return, and in their report, they realized there is a significantly positive correlation between the realized returns and beta when their excess returns in the market is non-positive. We will write a custom essay sample on Accounting and Managerial Finance or any topic specifically for you Only $17.96 $11.86/pageorder now The calculation of the cost of capital applicable in very many situations, especially in investment appraisal is the weighted average cost of capital (WACC), though this is only applied when a company is involved in a project that is similar to their normal activities. When a company then diversifies, and operates in a business that is significantly different from the present operations, then the capital pricing asset model must be applied ahead of the WACC, and is so that the financial risk of the company, that the beta shall be considered is removed. The capital asset pricing model is a method that is used in the calculation of the required return on investment based on the appraisal of the risk. Pratt and Grabowski (2008) have pointed out that the capital asset pricing model is used in estimating the cost of the retained earnings. To consider the application of the capital asset pricing model in the financial system, the risk free rate of return, which is the yield on short gover nment debt, shall change and this depends on the country’s capital market that is being taken into consideration. The consideration of Henkel A. G implies that for which the maturity and treasury rate is sufficient for its valuation.