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法律英语导读(47)

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(47)
法律英语导读(47) 39. What's the Difference Between a "Search" and a "Frisk?"

  A search is more extensive. An officer conducting a full search can probe extensively for any type of contraband or evidence. A frisk allows officers only to conduct a cursory pat-down and to seize weapons such as guns and knives or objects that the officer can tell from a "plain feel" are contraband. (Minnesota v. Dickerson, U.S. Sup. Ct. 1993.)

  Case Example 1: Officer Mace pulls over a driver who resembles a person wanted for bank robbery. Officer Mace asks the driver to get out of the car, then frisks the driver. The officer feels a soft packet in the driver's back pocket. With the packet still in the driver's pocket, the officer pokes a finger through the packaging into the packet, rubs powder from the packet onto the finger, removes the finger and decides from the powder's appearance and smell that it is an illegal drug. The officer removes the packet and arrests the driver for possession of illegal drugs.

  Question: Are the contents of the packet admissible in evidence?

  Answer: No. The officer had reasonable grounds for detaining the driver, but lacked probable cause to arrest the driver and conduct a full search. Therefore, all the officer could do was frisk the driver and seize either a weapon or contraband "in plain feel." Since the soft packet could not reasonably have been mistaken for a weapon, and the officer had to manipulate the packet before deciding that it containe

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