法律英语导读(34)

　　This section describes search warrants and explains when they are and are not necessary.

　　11. What Is a Search Warrant?

　　A search warrant is an order signed by a judge which authorizes² police officers to search for specific objects or materials at a definite location at a specified³ time. For example, a warrant may authorize¹ the search of "the premises⁴ at 11359 Happy Glade⁵ Avenue between the hours of 8 A.M. to 6 P.M.," and direct the police to search for and seize "cash, betting slips, record books and every other means used in connection with placing bets on horses."

　　12. How Do Police Officers Obtain Search Warrants?

　　Police officers obtain warrants by providing a judge or magistrate⁶ with information that the officers have gathered. Usually, the police provide the information in the form of written statements under oath, called "affidavits⁸," which report either their own observations or those of private citizens or police undercover informants. In many areas, a judicial⁹ officer is available 24 hours a day to issue warrants. If the magistrate believes that an affidavit⁷ establishes "probable cause" to conduct a search, he or she will issue a warrant. The suspect, who may be connected with the place to be searched, is not present when the warrant issues and therefore cannot contest the issue of probable cause before the magistrate signs the warrant. However, the suspect can later challenge the validity of the warrant with a pretrial motion. （See Chapter 19.） A sample affidavit for search warrant and search warrant are in the back of this chapter.

　　13. How Much Information Do Police Officers Need to Establish That "Probable Cause" for a Search Warrant Exists?

　　The Fourth Amendment¹⁰ doesn't define "probable cause." Its meaning remains¹¹ fuzzy. What is clear is that after 200 years of court interpretations¹², the affidavits submitted by police officers to judges have to identify objectively suspicious activities rather than simply recite the officer's subjective¹³ beliefs. The affidavits also have to establish more than a "suspicion" that criminal activity is afoot, but do not have to show "proof beyond a reasonable doubt."

　　The information in the affidavit need not be in a form that would make it admissible at trial. （For example, a judge or magistrate may consider hearsay¹⁴ that seems reliable.） However, the circumstances set forth¹⁵ in an affidavit as a whole should demonstrate the reliability¹⁶ of the information. （Illinois v. Gates, U.S. Sup. Ct. 1983.） In general, when deciding whether to issue a search warrant, a judicial officer will likely consider information in an affidavit reliable if it comes from any of these sources:

　　· a confidential¹⁷ police informant whose past reliability has been established or who has firsthand knowledge of illegal goings-on

　　· an informant who implicates¹⁸ herself as well as the suspect

　　五一长假，大家休息得好吗？上期的节目里legal coach翻译成法律教练，很多人的答案很富有创意，可能是因为中国还没有这样的行当。所以大家不要把问题想得复杂了。

　　翻译句子：
　　1、police undercover informants
　　2、the affidavits submitted by police officers to judges have to identify objectively suspicious activities rather than simply recite the officer's subjective beliefs.
　　3、a confidential police informant whose past reliability has been established or who has firsthand knowledge of illegal goings-on

　　答案：
　　1、警方卧底线人
　　2、警官提供给法官的宣誓证词必须客观反映犯罪活动而不是单凭警官的主管揣测。
　　3、警方掌握的向来可靠的秘密线人或者拥有非法活动第一手资料的人