| 翻訳と辞書 |
| United States v. Place ： ウィキペディア英語版 |
United States v. Place
''United States v. Place'', was a decision by the Supreme Court of the United States, which held that a sniff by a police dog specially trained to detect the presence of narcotics is not a "search" under the meaning of the Fourth Amendment to the United States Constitution. The Court reasoned that the sniff of a dog is ''sui generis'', intended to reveal only the presence or absence of narcotics. Because a dog sniff is so limited a test, the Court carved out this exception from the broad category of "searches" for which a warrant is generally required.
==Background of the case==
Raymond J. Place first aroused the suspicion of law enforcement officers as he was standing in line at the Miami airport waiting to buy a ticket to New York's LaGuardia Airport. The officers approached him on his way to the gate and asked him for identification. Place also agreed to let the officers search the luggage he had checked, but they declined to do so in light of the flight's imminent departure. Discrepancies between the two luggage tags on Place's two suitcases further aroused the officers' suspicions, and they confirmed that the addresses were false. The Miami officers alerted DEA agents at LaGuardia to their suspicions about Place.
The DEA agents waited until Place had retrieved his luggage and called a limousine before approaching him in New York. The DEA agents again asked Place for his identification, which he produced. The agents discovered that Place had no outstanding warrants. They then asked to search Place's luggage, but Place declined to allow the agents to do so. The agents then told Place they were going to take the luggage to a federal judge to obtain a warrant to search the luggage, and that Place was free to accompany them if he chose to. An hour and a half later, the agents had taken Place's bags to Kennedy airport and allowed a trained narcotics detection dog to perform a "sniff" test. The dog detected the presence of narcotics. This was late on a Friday afternoon; the agents retained the luggage over the weekend until Monday, when they obtained a warrant to search the luggage. They discovered over a kilogram of cocaine.
Place was indicted for possession of cocaine with intent to distribute. In the district court, Place moved to suppress the cocaine, arguing that the warrantless seizure of the luggage violated his Fourth Amendment rights. The district court disagreed, reasoning instead that the police only needed reasonable suspicion to seize Place's bags, which they had. Place pleaded guilty to the possession charge, but reserved the right to appeal the denial of his suppression motion. On appeal, the Second Circuit reversed, holding that the prolonged seizure of Place's bags violated the principles of ''Terry v. Ohio''. The U.S. Supreme Court then agreed to hear the case.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「United States v. Place」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|