法律英语导读(45)
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(单词翻译:双击或拖选)
33. If I'm Arrested Outside My Place of Residence, Can the Police Go Inside to Look for Accomplices2?

  Sometimes. Police officers can make "protective sweeps" following an arrest. (Maryland v. Buie, U.S. Sup. Ct. 1990.) When making a protective sweep, police officers can walk through a residence and make a "cursory3 visual inspection4" of places where an accomplice1 might be hiding. For example, police officers could look under beds and inside closets. To justify5 making a protective sweep, police officers must have a reasonable belief that a dangerous accomplice might be hiding inside a residence. If a sweep is lawful6, the police can lawfully7 seize contraband8 or evidence of crime that is in plain view.

  Case Example: Police officers have warrants to arrest Fox and Mulder for armed bank robbery. Fox and Mulder live together in a house. Officers Spock and Kirk stake out the house and arrest Fox coming up the driveway. With Fox in custody9, Spock goes into the house to conduct a protective sweep. Spock goes into a bedroom, lifts up a mattress10 and seizes a gun hidden between the mattress and the box spring. Witnesses later identify the gun as the one used in the bank robbery.

  Question: Did Officer Spock lawfully seize the gun?

  Answer: No. Because Fox and Mulder live together, Fox was arrested outside the house and they were suspected of committing a violent crime, Spock probably had the right to make a protective sweep to look for Mulder. However, Spock had no right to lift up the mattress, because nothing suggested that Mulder might be hiding under it. After making sure that Mulder wasn't in the house, the officers should have secured the house and gotten a search warrant.

  34. If the Police Properly Arrest Me in My Home, Can They Also Search the Home?

  They can to a certain extent. They may search the person arrested and the area within that person's "immediate11 control." Immediate control is interpreted broadly to include any place a suspect may lunge to obtain a weapon. If the alleged12 crime is particularly violent, or if the police have reason to believe other armed suspects may be in the residence, the police may do a "protective sweep" to search in any place such accomplices may be hiding. Also, while they are making a lawful arrest or protective sweep, the police may typically search and seize anything apparently13 related to criminal activity that is in "plain view."

  翻译句子: 
  1、cursory visual inspection
  2、Immediate control is interpreted broadly to include any place a suspect may lunge to obtain a weapon

  答案: 
  1、匆匆扫描一眼
  2、直接控制从广义上讲包括嫌疑犯可以冲去拿武器的任何地方



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1 accomplice XJsyq     
n.从犯,帮凶,同谋
参考例句:
  • She was her husband's accomplice in murdering a rich old man.她是她丈夫谋杀一个老富翁的帮凶。
  • He is suspected as an accomplice of the murder.他涉嫌为这次凶杀案的同谋。
2 accomplices d2d44186ab38e4c55857a53f3f536458     
从犯,帮凶,同谋( accomplice的名词复数 )
参考例句:
  • He was given away by one of his accomplices. 他被一个同伙出卖了。
  • The chief criminals shall be punished without fail, those who are accomplices under duress shall go unpunished and those who perform deeds of merIt'shall be rewarded. 首恶必办, 胁从不问,立功受奖。
3 cursory Yndzg     
adj.粗略的;草率的;匆促的
参考例句:
  • He signed with only a cursory glance at the report.他只草草看了一眼报告就签了名。
  • The only industry mentioned is agriculture and it is discussed in a cursory sentence.实业方面只谈到农业,而且只是匆匆带了一句。
4 inspection y6TxG     
n.检查,审查,检阅
参考例句:
  • On random inspection the meat was found to be bad.经抽查,发现肉变质了。
  • The soldiers lined up for their daily inspection by their officers.士兵们列队接受军官的日常检阅。
5 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?
6 lawful ipKzCt     
adj.法律许可的,守法的,合法的
参考例句:
  • It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
  • We don't recognised him to be the lawful heir.我们不承认他为合法继承人。
7 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
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 custody Qntzd     
n.监护,照看,羁押,拘留
参考例句:
  • He spent a week in custody on remand awaiting sentence.等候判决期间他被还押候审一个星期。
  • He was taken into custody immediately after the robbery.抢劫案发生后,他立即被押了起来。
10 mattress Z7wzi     
n.床垫,床褥
参考例句:
  • The straw mattress needs to be aired.草垫子该晾一晾了。
  • The new mattress I bought sags in the middle.我买的新床垫中间陷了下去。
11 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。
12 alleged gzaz3i     
a.被指控的,嫌疑的
参考例句:
  • It was alleged that he had taken bribes while in office. 他被指称在任时收受贿赂。
  • alleged irregularities in the election campaign 被指称竞选运动中的不正当行为
13 apparently tMmyQ     
adv.显然地;表面上,似乎
参考例句:
  • An apparently blind alley leads suddenly into an open space.山穷水尽,豁然开朗。
  • He was apparently much surprised at the news.他对那个消息显然感到十分惊异。
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