法律英语导读(43)
文章来源: 文章作者: 发布时间:2007-04-10 02:01 字体: [ ]  进入论坛
(单词翻译:双击或拖选)
Case Example 2: Same case, except that the traffic stop occurs at night and Officer Mendoza sees the packet of drugs on the front seat only after shining a flashlight into the interior of the car.

  Question: Is the officer's seizure1 of the packet still legal?

  Answer: Yes. As long as police officers are standing2 where they have a right to be, objects that they see with the aid of a flashlight are in plain view.

  Case Example 3: Officer Tanaka pulls a car over for running a red light. When the driver rolls down the window, Officer Tanaka detects a strong odor of marijuana emanating3 from inside the car. The officer orders the driver out of the car and conducts a search. Underneath4 the driver's seat, the officer finds a pouch5 filled with marijuana.

  Question: Did the officer legally find the marijuana?

  Answer: Yes. Smelling the marijuana gave Officer Tanaka probable cause to believe that the car contained illegal drugs (under what has come to be called the "plain smell" doctrine6). The officer could therefore conduct an immediate7 search, without having to obtain a search warrant first.

  30. If a Police Officer Illegally Enters a House and Observes Evidence in Plain View, Can the Officer Seize the Evidence?

  No. A police officer can seize objects in plain view only if the officer has a legal right to be in the place from which the objects can be seen or smelled. If an officer has no legal right to be where he or she is when the evidence or contraband8 is spotted9, the "plain view" doctrine doesn't apply.

  Case Example: Two police officers in a helicopter fly over the backyard of a home as they are returning from the scene of a highway collision. Aided by binoculars10, one of the officers sees a large number of marijuana plants growing in a greenhouse in the backyard. The officers report what they have seen, a search warrant is obtained and the occupant of the house is arrested and charged with growing illegal drugs for sale.

  Question: Was the officers' aerial search of the backyard legal?

  Answer: Yes. The police officers had a right to be in public airspace, and the occupant had no reasonable expectation of privacy for what could be seen from public airspace. (Maybe this is an example of "plane view.") The outcome might be different if the police officer had spotted the plants from a space station by using advanced technology spying equipment. The homeowner might reasonably expect that the backyard would not be subjected to that type of surveillance.

  "Dropsy" Cases

  "Dropsy cases" are a familiar setting in which police officers are often accused of misleading courts about how they got hold of illegal drugs. In dropsy cases, police officers find drugs or other incriminating evidence through searches that might not withstand judicial11 scrutiny12. To eliminate the Fourth Amendment13 problem, the officers testify that the defendants14 dropped the contraband on the ground just before they were arrested. Voila, the contraband was in plain view. Over the years, an amazing number of defendants have developed ''dropsy" problems!

  翻译句子:
  1、Dropsy cases 翻译成啥?
  2、If an officer has no legal right to be where he or she is when the evidence or contraband is spotted, the "plain view" doctrine doesn't apply.

  答案:

  1、掉东西案件。
  2、发现证据或违禁品时,警官无权在此,那么“直观”学说不能用



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1 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。
2 standing 2hCzgo     
n.持续,地位;adj.永久的,不动的,直立的,不流动的
参考例句:
  • After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
  • They're standing out against any change in the law.他们坚决反对对法律做任何修改。
3 emanating be70e0c91e48568de32973cab34020e6     
v.从…处传出,传出( emanate的现在分词 );产生,表现,显示
参考例句:
  • Even so, there is a slight odour of potpourri emanating from Longfellow. 纵然如此,也还是可以闻到来自朗费罗的一种轻微的杂烩的味道。 来自辞典例句
  • Many surface waters, particularly those emanating from swampy areas, are often colored to the extent. 许多地表水,特别是由沼泽地区流出的地表水常常染上一定程度的颜色。 来自辞典例句
4 underneath VKRz2     
adj.在...下面,在...底下;adv.在下面
参考例句:
  • Working underneath the car is always a messy job.在汽车底下工作是件脏活。
  • She wore a coat with a dress underneath.她穿着一件大衣,里面套着一条连衣裙。
5 pouch Oi1y1     
n.小袋,小包,囊状袋;vt.装...入袋中,用袋运输;vi.用袋送信件
参考例句:
  • He was going to make a tobacco pouch out of them. 他要用它们缝制一个烟草袋。
  • The old man is always carrying a tobacco pouch with him.这老汉总是随身带着烟袋。
6 doctrine Pkszt     
n.教义;主义;学说
参考例句:
  • He was impelled to proclaim his doctrine.他不得不宣扬他的教义。
  • The council met to consider changes to doctrine.宗教议会开会考虑更改教义。
7 immediate aapxh     
adj.立即的;直接的,最接近的;紧靠的
参考例句:
  • His immediate neighbours felt it their duty to call.他的近邻认为他们有责任去拜访。
  • We declared ourselves for the immediate convocation of the meeting.我们主张立即召开这个会议。
8 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。
9 spotted 7FEyj     
adj.有斑点的,斑纹的,弄污了的
参考例句:
  • The milkman selected the spotted cows,from among a herd of two hundred.牛奶商从一群200头牛中选出有斑点的牛。
  • Sam's shop stocks short spotted socks.山姆的商店屯积了有斑点的短袜。
10 binoculars IybzWh     
n.双筒望远镜
参考例句:
  • He watched the play through his binoculars.他用双筒望远镜看戏。
  • If I had binoculars,I could see that comet clearly.如果我有望远镜,我就可以清楚地看见那颗彗星。
11 judicial c3fxD     
adj.司法的,法庭的,审判的,明断的,公正的
参考例句:
  • He is a man with a judicial mind.他是个公正的人。
  • Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。
12 scrutiny ZDgz6     
n.详细检查,仔细观察
参考例句:
  • His work looks all right,but it will not bear scrutiny.他的工作似乎很好,但是经不起仔细检查。
  • Few wives in their forties can weather such a scrutiny.很少年过四十的妻子经得起这么仔细的观察。
13 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。
14 defendants 7d469c27ef878c3ccf7daf5b6ab392dc     
被告( defendant的名词复数 )
参考例句:
  • The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。
  • As in courts, the defendants are represented by legal counsel. 与法院相同,被告有辩护律师作为代表。 来自英汉非文学 - 政府文件
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