It articulates a grief and rage hitherto believed to be not fully articulable.
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The skin and bones in those images provoked a deeper anxiety that seemed in-articulable.
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It was a centrifugal moment, interested in breaking free more than moving toward an articulable goal.
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He said the electronic searches are supposed to be based on specific, articulable facts that raise security concerns.
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Possible thresholds could include crimes carrying a prison sentence of three years or more or some other articulable baseline.
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Indeed, thus far, the only articulable crimes center on Paul Manafort and are far removed from Trump or his staff.
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" And he said there is no "articulable evidence" that the Campaign's alleged statements and actions are the product of "racial animus.
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Traffic stop initiatives and Terry stops based on articulable suspicion in high crime areas yield a treasure trove of criminal activity.
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Initially, the bureau had to show "specific and articulable facts" indicating that the target was an agent of a foreign power.
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What transforms suspicion from constitutionally "unreasonable" to "reasonable" is the identification of some articulable fact that validates the suspicion of wrongdoing.
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They range from an "articulable link" to a terrorist group to "unusual travel patterns," and training in biology, chemistry or foreign languages.
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A deep learning algorithm that balances thousands of protein concentrations to diagnose cancer finds patterns that are not articulable to a human being.
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Robbins is more interested in the inarticulable or barely articulable sting than he is in reconstructing social relations in the Mediterranean gift economy.
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It is President Vladimir Putin and Russia who are "making the weather" in Syria absent any corresponding commitment or articulable policy from President Obama.
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This information was retrieved under a law permitting phone companies to divulge information to corroborate "specific and articulable facts" relevant to a criminal investigation.
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Children ages 5 to 17 must be reunited by July 26, "unless there is an articulable reason," according to U.S. District Judge Dana Sabraw.
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The system requires the Foreign Intelligence Surveillance Court to agree that there is "reasonable, articulable suspicion" that the seed target is linked to terrorism.
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For a full investigation, which permits wiretapping, F.B.I. procedures require an "articulable factual basis" that "reasonably indicates" that a crime or a national security threat exists.
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Over the past few weeks, some commentators have suggested that the phrasing "high crimes and misdemeanors" is an intentionally vague term that has no specific articulable definition.
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"CBP will maintain family unity to the greatest extent operationally feasible, absent a legal requirement or an articulable safety or security concern that requires separation," the policy said.
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Today, metadata is considered non-content and is treated with the lower standard that only requires authorities to demonstrate reasonably articulable facts that this data could be related to a crime.
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This information was retrieved under the Stored Communications Act, a law permitting phone companies to divulge information when there are "specific and articulable facts" that are "relevant and material" to a criminal investigation.
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One program for vetting refugees found that social media did not "yield clear, articulable links to national security concerns," even for applicants who were identified as potential threats based on other types of screening.
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I was skeptical about the appointment of a special counsel before the firing because such an appointment should be accompanied by an articulable criminal act — something missing in the vague references to "collusion" with the Russians.
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Consular officers must have a "specific articulable reason to believe" that the individual is primarily traveling to America to give birth, a State Department spokesperson said, and determine their intent in seeking a visa before turning them away.
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Under the Stored Communications Act of 1986, investigators who have "reasonable grounds to believe" a suspect's electronic data include "specific and articulable facts" that are "relevant and material" to their investigation can secure an order compelling providers to hand it over.
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Under the Stored Communications Act of 1986, investigators who have "reasonable grounds to believe" that a suspect's electronic data includes "specific and articulable facts" that are "relevant and material" to their investigation can secure an order compelling providers to hand it over.
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And even though the settlement creates more stringent restrictions on investigations—by requiring, for example, an allegation or information that is "articulable and factual" in order to open a preliminary probe—the information does not have to be verified as true or accurate.
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She wasn't panicked, but she was coming to grips with the idea that, even with years to think about it, the campaign team she'd built was no better than its 2008 predecessor at helping her find an articulable vision for the country.
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According to the newspaper, the FBI initially had to show "'specific and articulable facts' indicating that the target was an agent of a foreign power," but now the bureau must just show that the information is "relevant" to a "terrorism, counterintelligence or leak investigation."
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Previously, the Stored Communications Act set the precedent that law enforcement need only go to court and demonstrate "specific and articulable facts showing that there are reasonable grounds to believe" what could be found in the records might be relevant and material to a criminal investigation.
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Over the course of S-Town's seven episodes, Reed attempts to simultaneously comprehend the micro and the macro as they impact John's life, positioning overwhelming global problems alongside relatively tiny human calamities — the fallout of a missing will, failed romantic opportunities, barely articulable fantasies, untreated mental health.
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One example of the language change in the current guideline for basis for investigation says "allegation or information indicating possibility of unlawful activity," will now be modified to include "inquiry requires an allegation or information that is articulable and factual," according to a release from the NYPD.
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According to the FBI Domestic Investigations and Operations Guide, for a full investigation, the FBI must have an "articulable factual basis" that reasonably indicates a crime has occurred, a crime is about to occur, or an investigation may yield foreign intelligence that helps protect the nation.
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"Many factors may create reasonable suspicion or constitute a national security concern; examples include the existence of a relevant national-security related lookout in combination with other articulable factors as appropriate, or the presence of an individual on a government-operated and government-vetted terrorist watchlist," the directive states.
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The IG found that these facts met the threshold for opening a "Full Investigation" under the Attorney General Guidelines, which lay out the rules for opening and pursuing FBI investigations — namely, that there was an "articulable factual basis" that "reasonably indicates" that a threat to national security exists.
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The State Department official said U.S. officials will not ask all female visa applicants if they are pregnant, or intend to become pregnant, but instead will only raise the issue if they have "a specific articulable reason" to believe the sole purpose of the U.S. visit is to give birth.
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"This information provided the FBI with an articulable factual basis that, if true, reasonably indicated activity constituting either a federal crime or a threat to national security, or both, may have occurred or may be occurring," the report said, adding that the investigations into Trump campaign associates Paul Manafort, Michael Flynn and Carter Page were similarly justified.
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Thus, an officer must have one of these articulable facts in order stop someone and question their citizenship. However, in this case the defendants were stopped for one reason: solely on the basis of their appeared Mexican ancestry. The court concluded that this reason alone made the stop unreasonable. The lack of articulable facts to generate suspicion that the car was carrying illegal aliens meant that this search was illegal.
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At any time, police may approach a person and ask questions. The objective may simply be a friendly conversation; however, the police also may suspect involvement in a crime, but lack "specific and articulable facts" Writing for the Court in Terry v. Ohio, Chief Justice Warren stated, :And in justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion. that would justify a detention or arrest, and hope to obtain these facts from the questioning.
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ARF is a variable speed rotary feeder for bulk materials that works in harmony with the natural flow of the material being fed. The ARF, using a rotating member and articulable gate, controls the volume of material flow based on the material's inherent angle of repose. The speed of rotation and the positioning of the articulable gate provides a consistent feed of your material. Drum rotation allows the material to be gently fed without retarding material flow, while minimizing surge loading, product degradation, dust generation and maintaining uniformity of material flow.
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Although criminal detentions usually require probable cause that the suspect has engaged in criminal activity, an officer may conduct a traffic stop if the officer has a reasonable, articulable suspicion that the driver is engaging in criminal activity.Berkemer v. McCarty, ; Delaware v. Prouse, ; Pennsylvania v.
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The Court held a search and seizure based solely on the "appearance of Mexican ancestry" violates the Fourth Amendment. Without a reasonable suspicion generated by articulable facts, a police search is illegal. According to the precedent set in Terry v. Ohio and Adams v.
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Criminal detentions generally require probable cause that the suspect is engaged in criminal activity, but an officer may conduct a traffic stop if the officer has a reasonable, articulable suspicion that the driver is engaging in criminal activity.Berkemer v. McCarty, ; Delaware v. Prouse, ; Pennsylvania v.
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Justice Marshall wrote about the difficulty of judging the brevity requirement "by a stopwatch", but was uncomfortable with the Court's open- ended approach, believing that 20 minutes was too long. Justice Marshall also did not agree with the Court's decision to decide there was sufficient reasonable articulable suspicion. Justice Marshall thought the majority was "so anxious to address an unpresented issue that it blithely hurdle[d] over the jurisdictional and jurisprudential principles that out to stand in its way". Justice Marshall did not explicitly state whether he thought there was reasonable articulable suspicion, but he disagreed with the Court's decision to assume it without the issue being properly presented and briefed.
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The Appellate Court of Illinois affirmed, but the Illinois Supreme Court reversed, holding that because the dog sniff was performed without reference to specific and articulable facts, it unjustifiably enlarged the scope of the stop into a drug investigation.People v. Caballes, 207 Ill. 2d 504, 802 N.E.2d 202, 280 Ill. Dec.
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To justify the stop, a law enforcement officer must be able to point to "specific and articulable facts" that would indicate to a reasonable person that a crime has been, is being, or is about to be committed. In Terry v. Ohio, Chief Justice Warren stated :And in justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion. (392 U.S. at 21) If the officer reasonably suspects that the suspect is in possession of a weapon that is of danger to the officer or others, the officer may conduct a frisking of the suspect's outer garments to search for weapons.
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Griswold, 381 U.S. at 479, 482, 484. According to Burr Henly, Justice Douglas' majority opinion did not use the term to identify the articulable boundaries of language and the law, as Justice Holmes had done, but rather to connect the text of the constitution to unenumerated rights.Burr Henly, "Penumbra": The Roots of a Legal Metaphor, 15 81, 96 (1987).
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Yanobe's sculptures closely fit a modern Japanese consumer aesthetic. His pieces, often based on robots, appear to be the products of the most modern industrial design: bright colors, polished metal, articulable joints, and shiny finish. However, they betray a fear of nuclear war. Yanobe's artwork includes brightly colored hazmat suits and tiny action figures with built-in geiger counters.
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He lists examples of the various unpalatable consequences of cloning and appeals to notions of human nature and dignity to show that our disgust is the emotional expression of deep wisdom that is not fully articulable. There is a widespread debate on the role of moral emotions, such as guilt or empathy and their role in philosophy, and intuitions' relationship to them.
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The Attorney General or Assistant Attorney General must "certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information [that a Federal crime of terrorism may be being committed]." An education institution that produces education records in response to such a request is given legal immunity from any liability that rises from such a production of records.
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Brinegar v. United States, ("Probable cause exists where 'the facts and circumstances within their [the officers'] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that' an offense has been or is being committed.'"). However, police officers may also conduct temporary detentions when officers have reasonable, articulable suspicion that "criminal activity may be afoot".Terry v.
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On section 214, he simply states that "In 2000, the House Judiciary Committee voted overwhelmingly to raise the standard for a pen register order from "any authorized investigation" to "specific and articulable facts." The issue for both criminal and FISA pen register orders is whether the Committee got it right at that time – whether the standard for such orders is simply too low."Peter P. Swire, Replies. Retrieved January 16, 2006.
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Royer (1983), which stated that officers of the law can stop people in airports without probable cause and have the right to search if they received voluntary consent. The two previous trials stated that there was no probable cause, however, officers only need "articulable suspicion" in airports to stop potential suspects. The justices deemed that the two officers did indeed have sufficient suspicion to stop and question the three men. The Court also cited Schneckloth v.
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Another proposal is the FISA Improvements Act that would preserve the program while strengthening privacy protections. It would also codifying the requirement that analysts have a “reasonable articulable suspicion” that a phone number is associated with terrorism to query the NSA phone records database; requiring that the FISA court promptly review each such determination; and limiting the retention period for phone records. Both proposals share the introduction of a special advocate to promote privacy interests before the FISA court.
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Maryland v. Buie, 494 U.S. 325 (1990), was a decision by the Supreme Court of the United States handed down in 1990. In the case, the Court held that the Fourth Amendment permits a properly limited protective sweep in conjunction with an in-home arrest when the searching officer possesses a reasonable belief based on specific and articulable facts that the area to be swept harbors an individual posing a danger to those on the arrest scene.
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A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. ("In Terry v. Ohio, 392 U. S. 1, 30 (1968), we held that the police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity "may be afoot," even if the officer lacks probable cause.") Reasonable suspicion is a lower standard than probable cause which is needed for arrest.
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To have reasonable suspicion that would justify a stop, police must have "specific and articulable facts" that indicate the person to be stopped is or is about to be engaged in criminal activity. Reasonable suspicion depends on the "totality of the circumstances". Reasonable suspicion is a vague term and the Supreme Court concluded it should be decided on a case-by-case basis. Often it is built out of a combination of facts, each of which would, in itself, not be enough justification for the stop.
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" Relying on a Third Circuit opinion reaching the same conclusion, the ACLU argued that the phrase "only if" created a necessary but not a sufficient condition for the court to issue an order. In other words, if the government shows "specific and articulable facts," a judge may issue an order, but she may also decide to require a warrant. However, the Fifth Circuit here disagreed with the ACLU's reading of the statute. Under the court's interpretation, the word "shall" is "the language of command.
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Some have argued that the government should be required to present "specific and articulable facts" showing that the information to be gathered is relevant and material to an ongoing investigation. This is the standard used by Title II of the ECPA with regard to the contents of stored communications. Others, such as Daniel J. Solove, Petricia Bellia, and Dierdre Mulligan, believe that probable cause and a warrant should be necessary. Paul Ohm argues that standard of proof should be replaced/reworked for electronic communications altogether.
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The question was whether this conflicted with the Eighth Amendment's provision that "excessive fines [not be] imposed". Justice Thomas concluded: > Comparing the gravity of respondent's crime with the $357,144 forfeiture the > Government seeks, we conclude that such a forfeiture would be grossly > disproportional to the gravity of his offense. It is larger than the $5,000 > fine imposed by the District Court by many orders of magnitude, and it bears > no articulable correlation to any injury suffered by the > Government.Bajakajian, 524 U.S. at 339-40.
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" The court held that "the 'shall issue' term directs the court to issue the order if all the necessary conditions in the statute are met" (emphasis added). Thus a magistrate judge must issue an order for cell site information if the government meets the "specific and articulable facts" standard. "If these three conditions are met," the Fifth Circuit held, "the court does not have the discretion to refuse to grant the order." Moreover, the court held even if the ACLU's argument were correct, the issue of magistrate judges' discretion "would be beside the point here.
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It would make unauthorized access to data obtained under the FISA orders punishable by ten years in prison. The bill would make the FISA court require "reasonable articulable suspicion" of association with international terrorism before records are reviewed. It also would set limits on the number of people with access to the data, and set limits on the number of "hops" (contact intermediaries) that can be searched. It would require the NSA to make an annual report of the number of queries made and the number of FBI investigations or probable cause orders issued.
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In a declassified document it was revealed that 17,835 phone lines were on an improperly permitted "alert list" from 2006 to 2009 in breach of compliance, which tagged these phone lines for daily monitoring. Eleven percent of these monitored phone lines met the agency's legal standard for "reasonably articulable suspicion" (RAS). The NSA tracks the locations of hundreds of millions of cellphones per day, allowing it to map people's movements and relationships in detail.Barton Gellman and Ashton Solanti, December 5, 2013, "NSA tracking cellphone locations worldwide, Snowden documents show", The Washington Post.
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The Court noted at the onset that it need not decide whether Agent Cooke had reasonable articulable suspicion to initiate the traffic stop. The Court of Appeals had assumed that portion of the analysis, and the Court noted that assumption was "abundantly supported by the record." Next, the Court set aside the 30 - 40 minute detention of Sharpe as irrelevant to the legal analysis. That was because the Defendants were trying to suppress the discovery of the marijuana, but the marijuana was discovered as part of Savage's detention not Sharpe's detention.
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The Court defined this new, lesser standard of "reasonable suspicion" as being less than "probable cause" but more than just a hunch, stating that "the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant [the] intrusion."Terry, 392 U.S. at 21, quoted in part in . The Court held that this "reasonable suspicion" standard must apply to both the initial stop and the frisk. First, it said that a police officer must have reasonable suspicion to stop a suspect in the first place.
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Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), is a United States Supreme Court case in which the Court held that statutes requiring suspects to disclose their names during a police Terry stop did not violate the Fourth Amendment if the statute first required reasonable and articulable suspicion of criminal involvement. Under the rubric of Terry v. Ohio, , the minimal intrusion on a suspect's privacy, and the legitimate need of law enforcement officers to quickly dispel suspicion that an individual is engaged in criminal activity, justified requiring a suspect to disclose his or her name.
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The FBI usually is the lead in public corruption cases involving elected government officials. In another instance, HSI is normally the lead agency in matters with an articulable nexus to the U.S. border, including weapons and narcotics smuggling; financial crimes, money laundering and bulk cash smuggling; human trafficking or smuggling; counter-terrorism; counter proliferation; cybercrime; transnational gang activity; commercial fraud and intellectual property theft; human rights violations; immigration, document and benefit fraud; international art and antiquity theft; and import/export violations. Many exclusive jurisdictions also exist. In these cases, only one criminal investigative agency is authorized or assigned jurisdiction over a particular Title or type of investigation.
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McArthy also addresses the change to FISA surveillance orders; where before the government was required to provide "specific and articulable facts" to perform surveillance on an agent of a foreign power, now they must only specify that the records concerned are sought for an authorized investigation. However, he points out that it prohibits investigations that violate first amendment rights of citizens, which he says is not specified in the corresponding criminal procedures. McCarthy supports the changes made in section 215, but believes that emphasising that the order is court approved is not terribly productive as such an assertion implies "searching judicial review": if the government provides correct representation to the court then the court may not deny the order.
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The General Education Provisions Act was amended to allow the U.S. Attorney General or Assistant Attorney General to collect and retain educational records relevant to an authorized investigation or prosecution of an offense that is defined as a Federal crime of terrorism and which an educational agency or institution possesses. The Attorney General or Assistant Attorney General must "certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information [that a Federal crime of terrorism may be being committed]." An education institution that produces education records in response to such a request is given legal immunity from any liability that rises from such a production of records.
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Traffic stops may be executed upon reasonable articulable suspicion that a crime has occurred, which can range from an observation of a possible equipment violation to suspicion of driving under the influence (DUI) based on driving behavior. In some jurisdictions, general roadblock checkpoints are applied for random checks of driver. A primary purpose of the traffic stop at this point is frequently to determine if the police have probable cause for arrest. At this stage, the police are not required to issue a Miranda warning, because a traffic stop prior to formal arrest is not consider to be custodial under Miranda, and will often ask questions intended to elicit the suspect to provide answers that may be used as evidence in the event of an arrest.
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Maureen Armoor, for example, defines close cases as "the articulable outer limit of judicial discretion that most closely approximates the phenomenological experience of a sitting judge, in particular the dimension of discretion called into play when a judge is uncertain about an outcome".Maureen Armoor, Rethinking Judicial Discretion: Sanctions and the Conundrum of the Close Case, 50 493, 496 (1997). Ward Farnsworth, dean of the University of Texas School of Law, has suggested that close cases could be defined as either "cases close enough to provoke dissent" or cases that "are flexible enough to comfortably admit of more than one reading".Ward Farnsworth, The Role of Law in Close Cases: Some Evidence from the Federal Courts of Appeals, 86 1083, 1088, 1095 (2006).
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Firstly, the level of criminal activity in a particular area sufficient to warrant extra patrols is unclear when predicting the commission of offences. The point at which the probability of crime becomes statistically significant is one which legal scholars and courts alike have had trouble defining. Within this framework, there is a degree of arbitrariness upon which the weight of the predictive data analysis must be considered, as high crime areas can only be defined with reference to “low levels of crime”. Further, in the United States, searches and arrests must be made on grounds of reasonable suspicion under the Fourth Amendment. This means that officers must be able to “point to specific and articulable facts” that “warrant the intrusion”, or make a predictive judgment that the person is in possession of an item that related to the commission of an offence.
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The querying process requires approved "seeds" that pass the Reasonable Articulable Suspicion (RAS) test and only results within three-hops of these seeds are returned to the analysts. According to General Alexander Keith, the NSA does not do any pattern analysis or automated data mining to extract additional information from the metadata. The court rejected ACLU's argument that the three-hop analysis can be performed without the need of government first building up a database of each and every phone call record declaring that "Supreme Court repeatedly refused to declare that only the least intrusive search practicable is reasonable under Fourth Amendment." The court was cognizant of the surveillance program's benefits and argued that the program had successfully stopped terrorist attacks, citing several examples provided by the government in the US House committee hearing on Intelligence (held on June 18, 2013).
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Example in candle light with high contrast and high dynamic range between bright flame and dark background Different aspect ratios without image sensor cropping Video clip of a meteor of the Perseids, crop of a 4K-recording with 30 frames per second and with an exposure index of ISO 12800 It is the first mirrorless camera body of Panasonic, where the image sensor is equipped with two analogue amplifiers for every pixel (Dual Native ISO). With this technology the model shall be predestinated for video shooting in low light and high dynamic range situations.Benjamin Kirchheim: Low-Light-Video- Spezialistin Panasonic Lumix DC-GH5S vorgestellt, digitalkamera.de, 8 January 2018, retrieved 23 January 2018 The body is made of a magnesium alloy, and it has a fully articulable monitor with touch screen functionality as well as an electronic viewfinder and a hot shoe for a flash light.
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Terry v. Ohio, 392 U.S. 1 (1968), was a landmark decision of the Supreme Court of the United States in which the Court ruled that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous." For their own protection, after a person has been stopped, police may perform a quick surface search of the person's outer clothing for weapons if they have reasonable suspicion that the person stopped is armed. This reasonable suspicion must be based on "specific and articulable facts" and not merely upon an officer's hunch.
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Instead, most of the records would have stayed in the hands of the phone companies, which would not have been required to hold them any longer than they already do for normal business purposes, which in some cases is 18 months. The bill would require the NSA to request specific data from phone companies under specified limits i.e. the NSA would need to show it had reasonable, articulable suspicion that the number it is interested in is tied to a foreign terrorist organization or individual. The proposed legislation would still have allowed analysts to perform so-called contact chaining in which they trace a suspect's network of acquaintances, but they would have been required to use a new kind of court order to swiftly obtain only those records that were linked, up to two layers away, to a suspect — even when held by different phone companies.
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Maryland that Judge Bennett noted was that historical cell site location can "only reveal which cellular towers were used to route a particular call" and therefore can only give a general location where a cell phone was used and only where the closest cellular tower was. Also, Judge Bennet separates the cases because the GPS surveillance was conducted without a valid warrant in Jones, but in this case, the Stored Communications Act had the standard of "specific and articulable facts," which enabled the judicial branch to prevent and remedy executive overreaching. Lastly, Judge Bennett specified that the majority opinion in Jones ultimately did not consider whether the "search" in the case violated the individual's reasonable expectation of privacy and therefore, until a higher court analyzes this question or Congress comes up with a solution other than the Stored Communications Act, Judges must apply the facts of the case to the law as is currently interpreted.
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Instead of attending solely to the what of a topic (an item of content, a teaching, a matter to be subjected to intellectual mastery and critique as an indifferent object of thought), the shift to the post-critical perspective results in an awakening to a continuous awareness of the how of experience – specifically to the how of one's responsive relationship as a person in the world to that experience – to how one happens to be relating oneself to it. That how awareness is predominantly tacit and not articulable within one's mental monologue or otherwise, which causes it to be all the more potentially consequential to the process of knowing.Søren Kierkegaard, one of Poteat's primary intellectual sources, called this expanded awareness "double-reflection." Poteat and Polanyi taught that moving beyond what they deemed the profoundly flawed mode of critical intellection and reflection that characterizes Modernity and predominates in the academic world requires a fundamental shift in sensibility and perspective to what they call a post-critical mode of being in the world.
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He points out that "literature evidence was a staple of terrorism prosecutions throughout the 1990s" and that the reading of records has already led to convictions of terrorists. Though the government must only specify that the records concerned are sought for an authorized investigation instead of providing "specific and articulable facts" to perform surveillance on an agent of a foreign power, he points out that it prohibits investigations that violate first amendment rights of citizens, which he says is not specified in the corresponding criminal procedures. He says that the FISC is not meant to apply searching judicial review of surveillance orders as the role of the judiciary is to make sure the executive branch is not abusing its powers and "by requiring the FBI to make solemn representations to the court, and mandating that the Attorney General report semi-annually on this provision's implementation, Section 215 provides suitable metrics for oversight and, if necessary, reform". However, McCarthy does believe that section 215 "should be amended to clarify that order recipients may move the FISA court to quash or narrow production", however he says that the US DOJ has already decided that this is implicit in the section so it is probably unnecessary.
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