40. Does "Stop and Frisk" Give Police Officers the Right to Regularly Detain and Hassle Me, Maybe Because of My Ethnicity?

　　No. No matter what a person's appearance, the type of neighborhood, or time of day, an officer can detain a person only if the officer can point to objective facts showing a reasonable basis that that particular person is engaged in suspicious behavior. Undoubtedly¹, however, some police officers illegally use "stop and frisk" to harass² "undesirables," confident that they can later articulate enough circumstances to justify³ the detention⁴. Again, for their own personal safety, people who believe that they are unfair targets of police harassment⁵ should put their claims before a judge rather than act belligerently⁶ on the street.

　　41. Seeing a Police Officer Walking in My Direction, I Tossed Away a Packet of Illegal Drugs. Can the Officer Pick It Up and Use It As Evidence Against Me?

　　Yes. The officer neither detained the defendant⁷ nor conducted a search. The officer had the right to pick up whatever the defendant tossed away and make an arrest when the object turned out to be illegal drugs.

　　Section VII: Searches of Car and Occupants

　　This section discusses when the police may stop and search the car, the driver and any passengers.

　　42. Can the Police Search Me or My Car Simply Because They Stopped Me and Gave Me a Traffic Ticket?

　　No. A stop that only results in a traffic ticket is not considered an arrest that, by itself, justifies⁸ a search. （Knowles v. Iowa, U.S. Sup. Ct. 1999.） （See Section V for more on searches incident to an arrest.）

　　Case Example 1: Officer Colombo pulls a car over for making an illegal left turn. Inside the car are four teenagers. The officer has no reason to believe that criminal activity has taken place. Nevertheless, believing that teenagers are especially susceptible⁹ to using drugs, Officer Colombo orders the driver and passengers out of the car and searches the car's interior. He finds two packets of illegal drugs, and places all of the car's occupants under arrest.

　　Question: Was the officer's search of the car valid¹⁰?

　　Answer: No. Under these facts, Officer Colombo had no probable cause prior to the search to believe that the car contained drugs or any other evidence of criminal activity.

　　Case Example 2: Vy Schnell is given a ticket for speeding. After issuing the ticket, the officer orders Vy to open the trunk of the car. Inside the trunk is an unlawful weapon.

　　Question: Can the officer legally arrest Vy for possession of an illegal weapon?

　　Answer: No. Under these facts the officer lacked probable cause to believe that contraband¹¹ was in the trunk. And, the simple issuance of a citation¹² is not an arrest that would convert the search of the trunk into a "search incident to an arrest." （See Section V.）

　　翻译句子：

　　1、undesirables翻译成中文除了不合需要, 不受欢迎, 令人不快，还能翻译成什么？
　　2、search incident to an arrest
　　3、The officer had the right to pick up whatever the defendant tossed away and make an arrest when the object turned out to be illegal drugs.

　　答案：
 　　1、碍眼，不顺眼
　　2、搜查附带逮捕
　　3、警察有权捡起被告抛弃的东西，如果是毒品也可逮捕被告

上一篇：法律英语导读(47) 下一篇：中美三个联合公报英文版