法律英语导读(46)
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(单词翻译:双击或拖选)
35. Do Guests in a Home Have the Same Privacy Rights as the Homeowner or Tenant1?

  The answer depends on why the guests are there. If they are there for purely2 social reasons or to spend the night, they are probably protected against unreasonable3 searches and seizures4 to the same extent as the homeowner or tenant. However, if the guests are there for a brief commercial transaction or illegal purpose and are not staying overnight, then they do not have the same privacy rights as social overnight guests and thus may not be able to successfully challenge a police search that took place in their host's home. (Minnesota v. Carter, U.S. Sup. Ct. 1998.)

  36. Is a Search Following an Illegal Arrest Valid5?

  No. If an officer lacks probable cause to make an arrest, the arrest cannot validate6 a search. Any evidence found during a search following an improper7 arrest is inadmissible in evidence.

  37. If an Officer Searches Me After a Valid Arrest and Finds Evidence for an Entirely8 Different Crime, is the Evidence Admissible?

  Yes. An officer can seize whatever evidence a proper search incident to an arrest turns up. So long as the search is valid, it doesn't matter if a seized object has nothing to do with the crime for which the defendant9 was arrested.

  Section VI: "Stop and Frisk" Searches

  This section describes when a police officer may conduct a limited search of a person for the purpose of assuring the officer's safety.

  38. Short of Arresting Me, is There Any Legal Basis Upon Which a Police Officer Can Stop Me on the Street and Search me?

  Yes, using a procedure known as "stop and frisk," authorized11 by Terry v. Ohio, U.S. Sup. Ct. 1968. For an officer to "stop and frisk" a person, the officer must have reasonable grounds to suspect that the person is involved in criminal activity. The reasonable grounds give the officer a legal basis to detain and question a person (the "stop"). And for self-protection, the officer can at the same time carry out a limited pat-down search for weapons (the ''frisk").

  Case Example 1: Officer Crosby sees Stills and Nash talking normally on a street corner. Having a hunch12 that a drug transaction may be underway, the officer detains and frisks the pair. The officer finds a gun in Nash's pocket, and arrests him.

  Question: Was the gun validly13 seized?

  Answer: No. Officer Crosby had no right to detain Stills and Nash in the first place. A "hunch" doesn't authorize10 detention14; an officer must have "articulable facts supporting a reasonable suspicion." (United States v. Hensley, U.S. Sup. Ct. 1985.) Since the initial detention was improper, the frisk incident to that detention was improper, and the fruits of the frisk are inadmissible.

  Case Example 2: Officer Jacks15 sees Jill hiding under the steps of an apartment building. As the officer approaches, Jill runs away. Officer Jacks captures Jill and pats her down for weapons. The officer removes a hard object that turns out to be a plastic envelope containing burglar's tools.

  Question: Can Officer Jacks legally seize the tools?

  Answer: Yes. Officer Jacks had reasonable grounds for suspecting that Jill was engaged in criminal activity. The officer had the right to detain and pat down Jill, and remove an object that might have been a weapon.

  翻译句子:
  1、privacy rights
  2、hunch
  3、The officer removes a hard object that turns out to be a plastic envelope containing burglar's tools.

  答案:
  1、隐私权
  2、直觉或预感
  3、警察从他身上搜出一个硬东西,结果是装了盗窃工具的塑料包



点击收听单词发音收听单词发音  

1 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。
2 purely 8Sqxf     
adv.纯粹地,完全地
参考例句:
  • I helped him purely and simply out of friendship.我帮他纯粹是出于友情。
  • This disproves the theory that children are purely imitative.这证明认为儿童只会单纯地模仿的理论是站不住脚的。
3 unreasonable tjLwm     
adj.不讲道理的,不合情理的,过度的
参考例句:
  • I know that they made the most unreasonable demands on you.我知道他们对你提出了最不合理的要求。
  • They spend an unreasonable amount of money on clothes.他们花在衣服上的钱太多了。
4 seizures d68658a6ccfd246a0e750fdc12689d94     
n.起获( seizure的名词复数 );没收;充公;起获的赃物
参考例句:
  • Seizures of illicit drugs have increased by 30% this year. 今年违禁药品的扣押增长了30%。 来自《简明英汉词典》
  • Other causes of unconsciousness predisposing to aspiration lung abscess are convulsive seizures. 造成吸入性肺脓肿昏迷的其他原因,有惊厥发作。 来自辞典例句
5 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?
6 validate Jiewm     
vt.(法律)使有效,使生效
参考例句:
  • You need an official signature to validate the order.你要有正式的签字,这张汇票才能生效。
  • In order to validate the agreement,both parties sign it.为使协议有效,双方在上面签了字。
7 improper b9txi     
adj.不适当的,不合适的,不正确的,不合礼仪的
参考例句:
  • Short trousers are improper at a dance.舞会上穿短裤不成体统。
  • Laughing and joking are improper at a funeral.葬礼时大笑和开玩笑是不合适的。
8 entirely entirely     
ad.全部地,完整地;完全地,彻底地
参考例句:
  • The fire was entirely caused by their neglect of duty. 那场火灾完全是由于他们失职而引起的。
  • His life was entirely given up to the educational work. 他的一生统统献给了教育工作。
9 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。
10 authorize CO1yV     
v.授权,委任;批准,认可
参考例句:
  • He said that he needed to get his supervisor to authorize my refund.他说必须让主管人员批准我的退款。
  • Only the President could authorize the use of the atomic bomb.只有总统才能授权使用原子弹。
11 authorized jyLzgx     
a.委任的,许可的
参考例句:
  • An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。
12 hunch CdVzZ     
n.预感,直觉
参考例句:
  • I have a hunch that he didn't really want to go.我有这么一种感觉,他并不真正想去。
  • I had a hunch that Susan and I would work well together.我有预感和苏珊共事会很融洽。
13 validly 30c460913345d1e942a71678193a7cf7     
正当地,妥当地
参考例句:
  • There are many ways of doing science validly appropriate in different situations. 在不同场合有很多种方式正当地搞科学。
  • This may not validly be done. 这个也许得不到有效的处理。
14 detention 1vhxk     
n.滞留,停留;拘留,扣留;(教育)留下
参考例句:
  • He was kept in detention by the police.他被警察扣留了。
  • He was in detention in connection with the bribery affair.他因与贿赂事件有牵连而被拘留了。
15 jacks 2b0facb0ce94beb5f627e3c22cc18d34     
n.抓子游戏;千斤顶( jack的名词复数 );(电)插孔;[电子学]插座;放弃
参考例句:
  • Hydraulic jacks under the machine produce the movement. 是机器下面的液压千斤顶造成的移动。 来自《简明英汉词典》
  • The front end is equipped with hydraulic jacks used for grade adjustment. 前瑞安装有液压千斤顶用来调整坡度。 来自辞典例句
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