法律英语导读(40)
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(单词翻译:双击或拖选)
21. If I Agree to Open My Door to Talk to a Police Officer, and the Officer Enters Without My Permission and Searches, Is the Search Valid1?

  No. Merely opening the door to a police officer does not constitute consent to entry and search. Thus, whatever such a search turns up would be inadmissible in evidence. Of course, if contraband2 or evidence of a crime is in "plain view" from the doorway3, the officer may seize it. (See Section IV, below.)

  22. Can I Consent to a Police Search of My Living Room But not My Bedroom?

  Technically4 yes. Where only limited consent is given, that limitation is supposed to be honored. But if in the course of making their limited search the police see evidence of illegal activity elsewhere, they may properly search and seize it. Also, once in a home, the police are very skilled at obtaining consent from the homeowner to expand the scope of the search.

  Case Example 1: Officer Zack asks permission to search Mike's residence for marijuana plants. Mike agrees. Officer Zack proceeds with the search and goes into Mike's desk and reviews some of the documents he finds there.

  Question: Is the search valid under the Fourth Amendment5?

  Answer: No. Searching the documents was illegal because Mike only agreed to the limited search for marijuana plants, and there were obviously no such plants in the desk or the words Officer Zack was reading.

  Case Example 2: Officer Zack asks, and Mike agrees, to allow a search of Mike's home for narcotics6. In the course of the search, the officer finds a closet containing an illegal weapon, which the officer seizes.

  Question: Is the search valid under the Fourth Amendment?

  Answer: Yes. The weapons were readily seen in a place where narcotics might be found.

  23. Is a Search Valid If the Reason I Consent to It Was Because I Felt Intimidated7 by the Presence of the Police Officer?

  Yes. Many people are intimidated by police officers, and may even perceive a request to search as a command. However, so long as an officer does not engage in threatening behavior, judges will not set aside otherwise genuine consents.

  Extreme Case Example: The owner of a massage8 parlor9 agrees to allow police officers to search her business premises10. At the time the owner consents, she has been handcuffed, is in the presence of seven male police officers, the officers had already physically11 subdued12 and pointed13 a gun at an employee, the officers had threatened to tear up the premises and the owner was of foreign descent and unfamiliar14 with the American criminal process.

  Question: Is her consent valid?

  Answer: Yes, at least such was the result in State v. Kyong Cha Kim, 779 Pacific Reporter 2d 512 (Montana 1989). Despite the outcome of this case, it is possible that another judge in another jurisdiction15 might find this type of police conduct so coercive or threatening as to make the consent involuntary.

  翻译句子:
  1、plain view翻译成?
  2、the owner was of foreign descent and unfamiliar with the American criminal process.
  3、Despite the outcome of this case, it is possible that another judge in another jurisdiction might find this type of police conduct so coercive or threatening as to make the consent involuntary.

  答案:
  1、清清楚楚, 显而易见,一览无余
  2、业主是外国血统,不熟悉美国刑事诉讼法。
  3、尽管这个案子是这个结果,可能其他诉讼管辖地的法官会认为警官的这种行为属于强制和威胁的范围,因而同意不是自愿的



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1 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?
2 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。
3 doorway 2s0xK     
n.门口,(喻)入门;门路,途径
参考例句:
  • They huddled in the shop doorway to shelter from the rain.他们挤在商店门口躲雨。
  • Mary suddenly appeared in the doorway.玛丽突然出现在门口。
4 technically wqYwV     
adv.专门地,技术上地
参考例句:
  • Technically it is the most advanced equipment ever.从技术上说,这是最先进的设备。
  • The tomato is technically a fruit,although it is eaten as a vegetable.严格地说,西红柿是一种水果,尽管它是当作蔬菜吃的。
5 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。
6 narcotics 6c5fe7d3dc96f0626f1c875799f8ddb1     
n.麻醉药( narcotic的名词复数 );毒品;毒
参考例句:
  • The use of narcotics by teenagers is a problem in many countries. 青少年服用麻醉药在许多国家中都是一个问题。 来自《现代汉英综合大词典》
  • Police shook down the club, looking for narcotics. 警方彻底搜查了这个俱乐部,寻找麻醉品。 来自《简明英汉词典》
7 intimidated 69a1f9d1d2d295a87a7e68b3f3fbd7d5     
v.恐吓;威胁adj.害怕的;受到威胁的
参考例句:
  • We try to make sure children don't feel intimidated on their first day at school. 我们努力确保孩子们在上学的第一天不胆怯。
  • The thief intimidated the boy into not telling the police. 这个贼恫吓那男孩使他不敢向警察报告。 来自《简明英汉词典》
8 massage 6ouz43     
n.按摩,揉;vt.按摩,揉,美化,奉承,篡改数据
参考例句:
  • He is really quite skilled in doing massage.他的按摩技术确实不错。
  • Massage helps relieve the tension in one's muscles.按摩可使僵硬的肌肉松弛。
9 parlor v4MzU     
n.店铺,营业室;会客室,客厅
参考例句:
  • She was lying on a small settee in the parlor.她躺在客厅的一张小长椅上。
  • Is there a pizza parlor in the neighborhood?附近有没有比萨店?
10 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。
11 physically iNix5     
adj.物质上,体格上,身体上,按自然规律
参考例句:
  • He was out of sorts physically,as well as disordered mentally.他浑身不舒服,心绪也很乱。
  • Every time I think about it I feel physically sick.一想起那件事我就感到极恶心。
12 subdued 76419335ce506a486af8913f13b8981d     
adj. 屈服的,柔和的,减弱的 动词subdue的过去式和过去分词
参考例句:
  • He seemed a bit subdued to me. 我觉得他当时有点闷闷不乐。
  • I felt strangely subdued when it was all over. 一切都结束的时候,我却有一种奇怪的压抑感。
13 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。
14 unfamiliar uk6w4     
adj.陌生的,不熟悉的
参考例句:
  • I am unfamiliar with the place and the people here.我在这儿人地生疏。
  • The man seemed unfamiliar to me.这人很面生。
15 jurisdiction La8zP     
n.司法权,审判权,管辖权,控制权
参考例句:
  • It doesn't lie within my jurisdiction to set you free.我无权将你释放。
  • Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。
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