法律英语导读(35)
文章来源: 文章作者: 发布时间:2007-04-10 01:53 字体: [ ]  进入论坛
(单词翻译:双击或拖选)
· an informant whose information appears to be correct after at least partial verification by the police

  · a victim of a crime related to the search

  · a witness to the crime related to the search or

  · another police officer.

  Case Example 1: Hoping to obtain a warrant to search Olive Martini's backyard, a police officer submits an affidavit1 to a magistrate2. The affidavit states that "the undersigned is informed that Olive operates an illegal still(A distillery.蒸馏室,酒厂) in her backyard."

  Question: Should the magistrate issue a search warrant?

  Answer: No. The affidavit is too vague, and does not identify the source of the information so that the magistrate can properly judge its reliability3. "Probable cause" therefore does not exist.

  Case Example 2: Same case. The affidavit states that "I am a social acquaintance of Olive Martini. On three occasions in the past two weeks, I have attended parties at Martini's house. On each occasion, I have personally observed Martini serving alcohol from a still in Martini's backyard. I have personally tasted the drink and know it to be alcoholic4 with an impertinent aftertaste. I had no connection to the police when I attended these parties."

  Question: Should the magistrate issue a warrant authorizing5 the police to search Martini's backyard?

  Answer: Yes. The affidavit provides detailed6, firsthand information from an ordinary witness (without police connections) that indicates criminal activity. The affidavit is reliable enough to establish probable cause for issuance of a warrant.

  14. What If a Police Officer Makes a Search Under a Warrant That Shouldn't Have Been Issued in the First Place?

  In most situations the search will be valid7. In U.S. v. Leon (1984), the U.S. Supreme8 Court ruled that if the police conduct a search in good-faith reliance on the warrant, the search is valid and the evidence admissible even if the warrant was in fact invalid9 through no fault of the police. The Court's reasoning is that:

  · it makes no sense to condemn10 the results of a search when police officers have done everything reasonable to comply with Fourth Amendment11 requirements, and

  · the purpose of the rule excluding the results of an invalid search as evidence is to curb12 the police, not a judge, and that if a judge makes a mistake, this should not, therefore, be grounds to exclude evidence.

  For example, assume that a judge decides that an affidavit submitted by a police officer establishes probable cause for the issuance of a warrant. Even if a reviewing court later disagrees and decides that the warrant shouldn't have been issued in the first place, the officer's search in good-faith reliance on the validity of the warrant will be considered valid, and whatever the search turns up will be admissible in evidence. If, however, the warrant is issued on the basis of statements in the affidavit that the police knew to be untrue or which were recklessly made without proper regard for their truth, the evidence from a search based on the warrant may later be excluded upon the proper motion being made by the defendant13.

  翻译句子:
  1、an impertinent aftertaste
  2、the officer's search in good-faith reliance on the validity of the warrant will be considered valid
  3、the purpose of the rule excluding the results of an invalid search as evidence is to curb the police, not a judge, and that if a judge makes a mistake, this should not, therefore, be grounds to exclude evidence
  4、从本文看在美国私自酿酒违法,对吗?

  答案:
  1、回味很重
  2、基于对逮捕证合法性的信赖,警官所做的搜查是合法的。
  3、规则的目的是通过排除非法搜查所得证据抑制警察的非法搜查,而不是法官,因此,如果法官弄错了,非法搜查不应成为排除证据的根据。
  4、对!



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1 affidavit 4xWzh     
n.宣誓书
参考例句:
  • I gave an affidavit to the judge about the accident I witnessed.我向法官提交了一份关于我目击的事故的证词。
  • The affidavit was formally read to the court.书面证词正式向出席法庭的人宣读了。
2 magistrate e8vzN     
n.地方行政官,地方法官,治安官
参考例句:
  • The magistrate committed him to prison for a month.法官判处他一个月监禁。
  • John was fined 1000 dollars by the magistrate.约翰被地方法官罚款1000美元。
3 reliability QVexf     
n.可靠性,确实性
参考例句:
  • We mustn't presume too much upon the reliability of such sources.我们不应过分指望这类消息来源的可靠性。
  • I can assure you of the reliability of the information.我向你保证这消息可靠。
4 alcoholic rx7zC     
adj.(含)酒精的,由酒精引起的;n.酗酒者
参考例句:
  • The alcoholic strength of brandy far exceeds that of wine.白兰地的酒精浓度远远超过葡萄酒。
  • Alcoholic drinks act as a poison to a child.酒精饮料对小孩犹如毒药。
5 authorizing d3373e44345179a7862c7a797d2bc127     
授权,批准,委托( authorize的现在分词 )
参考例句:
  • Letters of Marque: Take letters from a warning friendly power authorizing privateering. 私掠许可证:从某一个国家获得合法抢劫的证书。
  • Formal phavee completion does not include authorizing the subsequent phavee. 阶段的正式完成不包括核准随后的阶段。
6 detailed xuNzms     
adj.详细的,详尽的,极注意细节的,完全的
参考例句:
  • He had made a detailed study of the terrain.他对地形作了缜密的研究。
  • A detailed list of our publications is available on request.我们的出版物有一份详细的目录备索。
7 valid eiCwm     
adj.有确实根据的;有效的;正当的,合法的
参考例句:
  • His claim to own the house is valid.他主张对此屋的所有权有效。
  • Do you have valid reasons for your absence?你的缺席有正当理由吗?
8 supreme PHqzc     
adj.极度的,最重要的;至高的,最高的
参考例句:
  • It was the supreme moment in his life.那是他一生中最重要的时刻。
  • He handed up the indictment to the supreme court.他把起诉书送交最高法院。
9 invalid V4Oxh     
n.病人,伤残人;adj.有病的,伤残的;无效的
参考例句:
  • He will visit an invalid.他将要去看望一个病人。
  • A passport that is out of date is invalid.护照过期是无效的。
10 condemn zpxzp     
vt.谴责,指责;宣判(罪犯),判刑
参考例句:
  • Some praise him,whereas others condemn him.有些人赞扬他,而有些人谴责他。
  • We mustn't condemn him on mere suppositions.我们不可全凭臆测来指责他。
11 amendment Mx8zY     
n.改正,修正,改善,修正案
参考例句:
  • The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
  • The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。
12 curb LmRyy     
n.场外证券市场,场外交易;vt.制止,抑制
参考例句:
  • I could not curb my anger.我按捺不住我的愤怒。
  • You must curb your daughter when you are in church.你在教堂时必须管住你的女儿。
13 defendant mYdzW     
n.被告;adj.处于被告地位的
参考例句:
  • The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
  • The defendant was borne down by the weight of evidence.有力的证据使被告认输了。
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