方向标英语网法律英语教程(38):同意搜查Consent Searches

Section III: Warrantless and Consent Searches

　　This section discusses when a warrantless search may be legally justified because the person in control of the property is said to have agreed to it.

　　18. If I Agree to a Search, Is the Search Legal Even If a Police Officer Doesn't Have a Warrant or Probable Cause to Search?

　　Yes. If a defendant freely and voluntarily agrees to a search, the search is valid and whatever the officers find is admissible in evidence.

　　For example, assume that Officer Mayer knocks on the door of Caryn-Sue's house. Officer Mayer suspects that Caryn-Sue is part of a group of suspects who are making pirated videotapes, but the officer lacks probable cause to search her house or arrest her. When Caryn-Sue answers the door, the following conversation takes place:

　　Officer: Good afternoon. I'm Officer Mayer. Is your name Caryn-Sue?

　　Caryn-Sue: Yes, it is. What can I do for you, officer?

　　Officer: I'm investigating the production of pirated videotapes, and I'd like to talk to you.

　　Caryn-Sue: Well, I'm not sure I can help you. I'm not under arrest or anything, am I?

　　Officer: No, but you may have information that can help the investigation. Do you mind if I come in and look around?

　　Caryn-Sue: I'm in the middle of a couple of things. Could you come back later?

　　Officer: If that's necessary. But it won't take long.

　　Caryn-Sue: We might as well get it over with if you can hurry. Look around all you want, there's nothing here of interest to you.

　　Officer Mayer enters Caryn-Sue's house, and in a corner of her living room closet notices hundreds of blank videotapes. The officer arrests Caryn-Sue for producing pirated videotapes, and seizes the blank videotapes.

　　Under these circumstances, a judge would undoubtedly rule that the officer legally seized the blank videotapes. Though the officer had neither a warrant nor probable cause to search Caryn-Sue's house, Officer Mayer's search was valid because Caryn-Sue agreed to let the officer search her house. The fact that the officer was politely insistent on entering the house does not overcome the fact that Caryn-Sue consented to the entry before it was made.

　　19. Does a Police Officer Have to Warn Me That I Have a Right to Refuse to Consent to a Search?

　　No. No equivalent to Miranda warnings （see Chapter 1, Section II） exists in the search and seizure area. Police officers do not have to warn people that they have a right to refuse consent to a search. （Ohio v. Robinette, U.S. Sup. Ct. 1996.）

　　Case Example: Jaime Costello is sitting on a park bench. Officer Abbot approaches Costello and asks to look through his backpack. Costello replies, "Sure, go ahead, I guess I can't stop you." The officer finds illegal drugs in Costello's backpack, and arrests him.

　　Question: Are the drugs admissible in evidence?

　　Answer: Yes. The search was valid, since Costello gave his consent. Officer Abbot had no duty to clear up Costello's misconception that he had no choice but to consent.

　　翻译句子：
　　1、This section discusses when a warrantless search may be legally justified because the person in control of the property is said to have agreed to it.
　　2、If a defendant freely and voluntarily agrees to a search

　　答案：
　　1、本节探讨在控制物业人员同意搜查的前提下，没有搜查证而进行的搜查在法律上是合法的。
　　2、如果被告在自由自愿的的情况下同意搜查。