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法律英语导读(40)

作者:硕博网    文章来源:中华硕博网    点击数:    更新时间:2008-5-4
中华硕博网(http://www.china-b.com)全球500所高校指定报名中心--法律英语导读(40)
法律英语导读(40) 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 Valid?

  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 contraband or evidence of a crime is in "plain view" from the doorway, 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?

  Technically 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 Amendment?

  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

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