法律英语导读(36)
文章来源: 文章作者: 发布时间:2007-04-10 01:57 字体: [ ]  进入论坛
(单词翻译:双击或拖选)
Case Example 1: Officer Furlong searches a residence for evidence of illegal bookmaking pursuant to a search warrant. The officer obtained the warrant by submitting to a magistrate1 an affidavit2 containing statements known by the officer to be false.

  Question: Is the search valid3 because it was conducted pursuant to a warrant?

  Answer: No. By submitting a false affidavit, Officer Furlong did not act "in good faith." The search was thus improper4, and whatever it turned up is inadmissible in evidence.

  Case Example 2: Officer Cal Ebrate stops a motorist for a traffic violation5. A computer check of the driver's license6 reveals the existence of an arrest warrant for the driver. Officer Ebrate places the driver under arrest, searches the car and finds illegal drugs. It later turns out that the computer record was wrong, and that an arrest warrant did not in fact exist.

  Question: Are the illegal drugs admissible in evidence against the driver?

  Answer: Yes. The officer acted in good-faith reliance on the computer record. The seizure7 was therefore valid even though the record was wrong. (Arizona v. Evans, U.S. Sup. Ct. 1995.)

  15. If the Police Have a Warrant to Search My Backyard for Marijuana Plants, Can They Legally Search the Inside of My House as Well?

  No. The police can only search the place described in a warrant, and usually can only seize whatever property the warrant describes. The police cannot search a house if the warrant specifies8 the backyard, nor can they search for weapons if the warrant specifies marijuana plants. However, this does not mean that police officers can only seize items listed in the warrant. Should police officers come across contraband9 or evidence of a crime that is not listed in the warrant in the course of searching for stuff that is listed, they can lawfully10 seize the unlisted items.

  "Well, Look What We Have Here"

  The rule that police officers can seize items not listed in a search warrant in the course of searching for the stuff that is listed creates obvious disincentives for police to list all the items they hope to find. For example, perhaps a police officer suspects that a defendant11 carries a weapon, but can't establish probable cause to search for it. No problem. The officer can obtain a search warrant for other items, and then seize a weapon if the officer comes upon it in the course of the search. The defendant's only hope of invalidating the seizure of the weapon would be to convince a judge that the officer did not just happen to come across the weapon, but in fact searched for it.

  翻译句子:
  1、illegal bookmaking
  2、The officer acted in good-faith reliance on the computer record
  3、Should police officers come across contraband or evidence of a crime that is not listed in the warrant in the course of searching for stuff that is listed, they can lawfully seize the unlisted items.

  答案:
  1、非法赌博
  2、警官完全依赖计算机记录行事。
  3、如果警官在搜查过程中碰巧发现搜查证上没有列明的违禁品或者犯罪证据,他们可以合法扣押这些物品



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1 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。
2 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。
3 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?
4 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。
5 violation lLBzJ     
n.违反(行为),违背(行为),侵犯
参考例句:
  • He roared that was a violation of the rules.他大声说,那是违反规则的。
  • He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。
6 license B9TzU     
n.执照,许可证,特许;v.许可,特许
参考例句:
  • The foreign guest has a license on the person.这个外国客人随身携带执照。
  • The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。
7 seizure FsSyO     
n.没收;占有;抵押
参考例句:
  • The seizure of contraband is made by customs.那些走私品是被海关没收的。
  • The courts ordered the seizure of all her property.法院下令查封她所有的财产。
8 specifies 65fd0845f2dc2c4c95f87401e025e974     
v.指定( specify的第三人称单数 );详述;提出…的条件;使具有特性
参考例句:
  • The third clause of the contract specifies steel sashes for the windows. 合同的第三款指定使用钢窗。 来自《简明英汉词典》
  • The contract specifies red tiles, not slates, for the roof. 合同规定屋顶用红瓦,并非石板瓦。 来自《现代汉英综合大词典》
9 contraband FZxy9     
n.违禁品,走私品
参考例句:
  • Most of the city markets were flooded with contraband goods.大多数的城市市场上都充斥着走私货。
  • The customs officers rummaged the ship suspected to have contraband goods.海关人员仔细搜查了一艘有走私嫌疑的海轮。
10 lawfully hpYzCv     
adv.守法地,合法地;合理地
参考例句:
  • Lawfully established contracts shall be protected by law. 依法成立的合同应受法律保护。 来自口语例句
  • As my lawfully wedded husband, in sickness and in health, till death parts us. 当成是我的合法丈夫,无论疾病灾难,直到死亡把我们分开。 来自电影对白
11 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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