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法律英语导读(35)

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(35)
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 a

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