专题频道: ·房地产法· 婚姻法· 刑法· 劳动法· 合同法 ·公司法· 证券法 ·行政法· 民法· 知识产权法· 交通安全法·物权法·反垄断法

法律吧上海站


相关链接:

您现在的位置: 法律吧 >> 法律英语 >> 法律术语 >> 文章正文
 
 -法律英语导读(35)
              编缉:佚名 来源: 不详   整理:法律吧 点击数: 关闭 点击进入:法律咨询热线



法律英语导读(35)

  · an informant whose information appears to be correct after at least partial verification by the police

  · a victim of a crime related to the search

  · a witness to the crime related to the search or

  · another police officer.

  Case Example 1: Hoping to obtain a warrant to search Olive Martini's backyard, a police officer submits an affidavit to a magistrate. The affidavit states that "the undersigned is informed that Olive operates an illegal still(A distillery.蒸馏室,酒厂) in her backyard."

  Question: Should the magistrate issue a search warrant?

  Answer: No. The affidavit is too vague, and does not identify the source of the information so that the magistrate can properly judge its reliability. "Probable cause" therefore does not exist.

  Case Example 2: Same case. The affidavit states that "I am a social acquaintance of Olive Martini. On three occasions in the past two weeks, I have attended parties at Martini's house. On each occasion, I have personally observed Martini serving alcohol from a still in Martini's backyard. I have personally tasted the drink and know it to be alcoholic with an impertinent aftertaste. I had no connection to the police when I attended these parties."

  Question: Should the magistrate issue a warrant authorizing the police to search Martini's backyard?

  Answer: Yes. The affidavit provides detailed, firsthand information from an ordinary witness (without police connections) that indicates criminal activity. The affidavit is reliable enough to establish probable cause for issuance of a warrant.

  14. What If a Police Officer Makes a Search Under a Warrant That Shouldn't Have Been Issued in the First Place?

  In most situations the search will be valid. In U.S. v. Leon (1984), the U.S. Supreme Court ruled that if the police conduct a search in good-faith reliance on the warrant, the search is valid and the evidence admissible even if the warrant was in fact invalid through no fault of the police. The Court's reasoning is that:

  · it makes no sense to condemn the results of a search when police officers have done everything reasonable to comply with Fourth Amendment requirements, and

  · the purpose of the rule excluding the results of an invalid search as evidence is to curb the police, not a judge, and that if a judge makes a mistake, this should not, therefore, be grounds to exclude evidence.

  For example, assume that a judge decides that an affidavit submitted by a police officer establishes probable cause for the issuance of a warrant. Even if a reviewing court later disagrees and decides that the warrant shouldn't have been issued in the first place, the officer's search in good-faith reliance on the validity of the warrant will be considered valid, and whatever the search turns up will be admissible in evidence. If, however, the warrant is issued on the basis of statements in the affidavit that the police knew to be untrue or which were recklessly made without proper regard for their truth, the evidence from a search based on the warrant may later be excluded upon the proper motion being made by the defendant.

  翻译句子:
  1、an impertinent aftertaste
  2、the officer's search in good-faith reliance on the validity of the warrant will be considered valid
  3、the purpose of the rule excluding the results of an invalid search as evidence is to curb the police, not a judge, and that if a judge makes a mistake, this should not, therefore, be grounds to exclude evidence
  4、从本文看在美国私自酿酒违法,对吗?

  答案:
  1、回味很重
  2、基于对逮捕证合法性的信赖,警官所做的搜查是合法的。
  3、规则的目的是通过排除非法搜查所得证据抑制警察的非法搜查,而不是法官,因此,如果法官弄错了,非法搜查不应成为排除证据的根据。
  4、对!


                                                                【字体: 】 【打印】 【关闭
  • 上一篇文章:

  • 下一篇文章:


  • 社会热点:
     

    声明:本站所有文章来自网上,仅供网友和法律研究学者交流和学习之用,不以任何商业为目的,如有侵权请告知本站.
    Copyright © 2004-2020 WWW.falvba.net. All rights Reserved. 法律吧 版权所有
    信息产业部备案号:沪ICP备05062559号