法律英语导读(41)
文章来源: 文章作者: 发布时间:2007-04-10 01:59 字体: [ ]  进入论坛
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24. While I'm Out of the House, My Parent, Roommate or Spouse1 Who Shares the Premises2 with Me Agrees to a Search of the House That Turns Up Evidence That Incriminates Me. Does the Consent Make the Search Legal?

  Perhaps. An adult in rightful possession of a house or apartment usually has legal authority to consent to a search of the entire premises. But if there are two or more separate tenants4 in one dwelling5, courts often rule that one tenant3 has no power to consent to a search of the areas exclusively controlled by the other tenants (for instance, their separate bedrooms).

  A tricky6 twist is that the consent will be considered valid7 if the police reasonably believe that the consenting person has the authority to consent even if it turns out they don't. (See the example below.)

  Case Example: Bob's ex-wife Jan knows where Bob hides his cocaine8. She calls the police and tells them about the cocaine. She directs them to Bob's house. When they get there, she opens the door with a key (she never returned it to Bob). She puts her purse on the entry hall table, opens the hall closet and puts on a sweater that appears to be hers. She then leads the police to the place where Bob stores his cocaine. As far as the police know, Jan lives in the apartment and has full authority to consent to the search.

  Question: Even though Jan and the police enter the apartment without Bob's permission, did the search violate Bob's Fourth Amendment9 rights?

  Answer: No. Although the police mistakenly thought that Jan had the authority to consent to the search, the mistake would be considered a reasonable one since every fact surrounding the search (including Jan's having a key and knowing her way around the apartment) pointed10 to that authority.

  25. While I'm Out, the Landlord of the Apartment Building Where I Live Gives a Police Officer Permission to Search My Apartment. Does the Landlord's Consent Make the Search Legal?

  No. The landlord is not considered to be in possession of an apartment leased to a tenant, and therefore lacks authority to consent to a search of leased premises. The same is true for hotel operators.

  26. Can the Police Search My Hotel Room Without a Warrant?

  The general rule is no. Again, however, an exception (such as consent or an emergency) may exist which would justify11 a warrantless hotel room search.

  翻译句子:
  1、A tricky twist is that the consent will be considered valid if the police reasonably believe that the consenting person has the authority to consent even if it turns out they don't.
  2、knowing her way around the apartment

  答案:
  1、一个狡猾的伎俩是,如果警察相信同意的人有权同意,而实际上他们没有这个权利,这种同意也是合法有效的。
  2、熟悉她的房间



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1 spouse Ah6yK     
n.配偶(指夫或妻)
参考例句:
  • Her spouse will come to see her on Sunday.她的丈夫星期天要来看她。
  • What is the best way to keep your spouse happy in the marriage?在婚姻中保持配偶幸福的最好方法是什么?
2 premises 6l1zWN     
n.建筑物,房屋
参考例句:
  • According to the rules,no alcohol can be consumed on the premises.按照规定,场内不准饮酒。
  • All repairs are done on the premises and not put out.全部修缮都在家里进行,不用送到外面去做。
3 tenant 0pbwd     
n.承租人;房客;佃户;v.租借,租用
参考例句:
  • The tenant was dispossessed for not paying his rent.那名房客因未付房租而被赶走。
  • The tenant is responsible for all repairs to the building.租户负责对房屋的所有修理。
4 tenants 05662236fc7e630999509804dd634b69     
n.房客( tenant的名词复数 );佃户;占用者;占有者
参考例句:
  • A number of tenants have been evicted for not paying the rent. 许多房客因不付房租被赶了出来。
  • Tenants are jointly and severally liable for payment of the rent. 租金由承租人共同且分别承担。
5 dwelling auzzQk     
n.住宅,住所,寓所
参考例句:
  • Those two men are dwelling with us.那两个人跟我们住在一起。
  • He occupies a three-story dwelling place on the Park Street.他在派克街上有一幢3层楼的寓所。
6 tricky 9fCzyd     
adj.狡猾的,奸诈的;(工作等)棘手的,微妙的
参考例句:
  • I'm in a rather tricky position.Can you help me out?我的处境很棘手,你能帮我吗?
  • He avoided this tricky question and talked in generalities.他回避了这个非常微妙的问题,只做了个笼统的表述。
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 cocaine VbYy4     
n.可卡因,古柯碱(用作局部麻醉剂)
参考例句:
  • That young man is a cocaine addict.那个年轻人吸食可卡因成瘾。
  • Don't have cocaine abusively.不可滥服古柯碱。
9 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。
10 pointed Il8zB4     
adj.尖的,直截了当的
参考例句:
  • He gave me a very sharp pointed pencil.他给我一支削得非常尖的铅笔。
  • She wished to show Mrs.John Dashwood by this pointed invitation to her brother.她想通过对达茨伍德夫人提出直截了当的邀请向她的哥哥表示出来。
11 justify j3DxR     
vt.证明…正当(或有理),为…辩护
参考例句:
  • He tried to justify his absence with lame excuses.他想用站不住脚的借口为自己的缺席辩解。
  • Can you justify your rude behavior to me?你能向我证明你的粗野行为是有道理的吗?
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